PRESENTATION TO THE SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

17 MARCH 2015

Nairobi International Convention on the Removal of Wrecks,2007

PURPOSE OF THE BRIEFING

• To brief the NCOP on the Nairobi Convention on wreck removal

• To request the NCOP to approve the ratification of the Nairobi Convention

• To request the NCOP to recommend the tabling of the Convention to the National Assembly

• To note the contents of the presentation

REASONS FOR DEVELOPING THE CONVENTION

• Incidents and accidents occurring at sea

• Abandonment by owners

• Hazards to navigation

• Marine environment protection

• Adoption of uniform standards

• Prompt and effective removal of wrecks

Reasons continued

• Payment of compensation for cost

• Identification of responsibilities, location & liabilities

• Uniformity of legal instruments applied

• Application of international Law governong oceans and seas

• Monitoring implementation

IMPORTANT DEFINITIONS

• Convention area –(i)EEZ (Exclusive economic Zone) of a State

Party(ii)Area beyond and adjacent to the territorial sea

of that state, extending not more than 200 nm• A ship- seagoing vessel of any type, boats, air-

cushio vehicles, sumersibles, floating craft, floating platforms

• (except those that are on location engaged in the Exploration &exploitation or production of the seabed mineral resources

Definitions continued• Wreck(i)A sunken or stranded ship(ii)Any part of a stranded or sunken ship(iii)Any object that is or has been on board(iv)Any object that is lost at sea from a ship-

that is stranded, sunken or adrift ar sea or ocean

(v)A ship that is about or expected to sink or to strand

(vi)Hazard-condition or threat that poses• A danger or impediment• That may result in major harmful

consequences

Definitions continued

• Maritime Casualty-

(i)Collision of ships

(ii)Stranding

(iii)Incident of navigation

(iv)Occurancies on board or externally

Resulting in material or imminent damage, threat of material damage to the ship or its cargo

SCOPE OF APPLICATION

• Applies to wrecks in the Convention area• States territory or territorial sea- notification of

the SG required if there is a deviation• State not precluded from taking measures

other than locating, marking removing according to the Convention

• Notification must be made before the entry into force, if not it shall take effect 6 months after receipt by the SG

• Notification can be withdrawn anytime• And withdrawal will take effect after 6 months

of receipt by SG

EXCLUSIONS TO THE APPLICATION OF THE CONVENTION

• Intervention in High seas(oil Pollution)& its protocol(pollution by substances other than oil)

• Any warships or ships operated by the state

• Ships used for non-commercial service- unless the state decides otherwise

• If a state decides to apply the Convention to warships & other vessels, it shall notify the SG explaining the conditions

• If so, articles 2 , 9 (par 1,5,7,8,9&10) and 15 will not apply in that state

OBJECTIVES OF THE CONVENTION

• To remove wreck that poses hazard

• To assign proportionate measures to hazards

• To apportion what is reasonably necessary to remove the wreck

• To prevent claiming rights on the high seas

• Or exercising sovereignty at the high seas

• To encourage cooperation when dealing with effects of a casualty that can result to a wreck

REPORTING WRECKS

• Master and operator flying its flag will report

• To the affected state• Information about the

name and principal lace of business

• Whether the wreck poses hazard

• Location of the wreck• Types , size and

construction of the wreck

• Nature of the damage• Condition of the

wreck• Nature and quantity

of the cargo(hazard noxious)

• Amount and types of oil

• Bunker oil or lubrication oil on board

LOCATING AND MARKING WRECKS

• Notification received by affected state• It warns mariners and states concerned• Describes the nature and location• Establish the precise

location(coordinates/bearings)• Affected State marks the wreck• Markings should conform with accepted

international systems of buoyage in use in the area

• Notification by apprpriate nautical publications

DETERMINATION OF HAZARDS(WHETHER WRECK POSES HAZARD OR NOT)

• Type, size and construction of the wreck

• Depth of water in the area

• Tidal range and currents in the area

• Are there any PSSAs designated

• Proximity of the ship routes

• Traffic density and frequency

• Type of traffic• Nature and quantity

of the wreck’s cargo• Vulnerability of port

facilities• Prevailing

meteorological and hydrographical conditions

Determination continued

• Submarine topography• Height of the wreck above and below the

surface• Lowest astronomical tide• Acoustic and magnetic profiles of the

wreck• Proximity of offshore installations,

pipelines, telecommunication cables• Any other

MEASURES TO FACILITATE REMOVAL OF WRECKS

• Affected state to inform state of the ships registry and the registered owner

• Consult the state registry state

• Consult other affected states• Registered owner required

to remove the wreck• Registered owner/other

interested parties to provide the competent authority woth evidence of insurance ot financial security

• Registered owner may contract any salvor to remove the wreck

• Affected state may lay conditions of such removal

• To ensure that the process of removal proceeds in consideration of safety nad protection of marime environment

Measures to facilitate removal continued

• Affected state may intervene to ensure safety and protection of marine environment

• May set deadlines for removal

• Inform the Registered owner in writing of the deadline

• That it may take over removal if the deadline is not met

• At owners expense

• Inform the registered owner in writing that it intends to intervene immediately (if he cannot be contacted)

• Inform the state registry as such

• Registered owners of party states must comply

• State parties are expected to give consent

COMPULSORY INSURANCE AND FINANCIAL SECURITY

• Registered owner to maintain insurance and other financial security

• For vessels of 300 gross tonnage and above

• To cover liability under the Convention

• Must carry a certificate to that extent issued by an appropriate authority

• The certificate must show particulars such as:

• Name of the ship, IMO number, port of registry

• Gross tonnage and name of the business

• Type and duration of security

• Place of business of the insurer

• Period of validity of the certificate

LIABILITY OF THE REGISTERED OWNER(RO)

• RO liable for cost of locating, marking, removing the wreck unless he proves

(i)Wreck caused by war, hostilities, civil war, insurrection, natural phenomena,

(ii)Was wholly caused by act of omission done by a third party

(iii) Wholly caused by negligence or wrongful act by a responsible authority for maintenance of light or navigational aids

EXECEPTION TO LIABILITY

• If liability would be in conflict with:(i)International Convention on Civil liability

for oil pollution Damage , 1969 as amended

(ii)International Convention on Liability and Compensation for damage in connection with the Carriage of Hazardous and Noxious Substances by sea, 1996

(iii) Convention on Third Party liability in the field of nuclear energy, 1960 as amended

(iv) Vienna Convention on Civil liability for nuclear damage, 1963 or national law

(v)Convention on Civil Liability on Bunker Oil Pollution Damage 2001 as amended

IMPLEMENTING AGENCY

• SAMSA

• Certificate confirmation- Port State control

• The Convention will be enacted

• Financial implication will occur where the wreck is abandoned or owners cannot be contacted depending on the urgency

THE CONSULTATION PROCESS CONDUCTED

• Department of Justice & Constitutional Development

• DIRCO International State Law Advisers

• State Law Advisers• SAMSA, TNPA,

Maritime Law Association (MLA)

• Association of Shipping Lines

• Convention presented to Cabinet

• Presentation to ICTS Cluster

• International Fund For Animal Welfare

• Department of Environmental Affairs

• All structures supported ratification

ENTRY INTO FORCE

• 12 Months after the date on which states have deposited the instruments of acceptance and ratification to the IMO

• Nationally, the Convention shall enter into force 3 months following the date of deposit by such state of the appropriate instrument, but not before the Convention has entered into force

NATIONAL INTEREST: ECONOMIC GROWTH , JOB CREATION & AND PROMOTION OF THE SOUTH AFRICAN IMAGE IN TOWING

AND SALVAGE INTERNATIONALLY

• DOT is developing a Salvage Strategy• It will define aligning with Salvage and Wreck removal

conventions how Salvors will work in the South African territorial waters

• South Africans will be encouraged to own Salvor businesses

• Priority will be given to them• Jobs in Salvors will be created• Divers will be trained to collect wreck on behalf of the

State, not for themselves• A wreck item belongs to the state until the owner claims

or is identified• Owners of other wrecks will be identified

TIME- FRAMES

• Presentation to NCOP• National Assembly• Deposition of the

instrument of ratification

• Enactment by SA

• 17 March 20015• Q1• Q2

• Q3

END

THANK YOU