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South African fines for polluting ships hiked by 2 000% in new proposed law

6th September 2022

By: News24Wire

  

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Polluting ships could see fines climb nearly 2 000% to R10 million, according to proposed amendments for a bill to prevent maritime pollution.

Parliament's portfolio committee on transport on Tuesday was briefed by officials from the Department of Transport on proposed amendments to the Marine Pollution (Prevention of Pollution from Ships) Act.

South Africa is part of the International Convention for the Prevention of Pollution from Ships (or MARPOL) – and the proposed changes would enable some of the convention protocols - by making them part of the country's legislation. These protocols specifically target the treatment and safe disposal of sewage from ships and address air pollution through efforts to reduce greenhouse gas emissions that contribute to climate change.

"If we are part of the convention and don't observe protocols, the worst case, we will be kicked out," warned acting director-general Mathabatha Mokonyama.

The reasoning for lifting the ceiling on fines from R500 000 to R10 million is to "strengthen the arm of the state" to ensure recovery of damages resulting from pollution from fuel bunkers and other chemicals, explained Dumisani Ntuli, chief director of maritime transport policy and legislation. He said there were cases in other jurisdictions where the state "suffered", having to bear the costs.

The alternative to the fine would be imprisonment – not exceeding 10 years. This is all to deter ships from not complying with legislation. Ntuli added that ships must ensure they have the required insurance to cover such damages.

The proposal shows that South Africa is making noncompliance costly.

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Ntuli shared that the country was fairly active in issuing fines. In the last month, fines to the value of R1.4 million were issued in various cases.

If South Africa does not do its bit to clamp down on maritime pollution – it would appear that it is not helping the global community in that objective, Ntuli cautioned.

"Besides us not being found to give full effect [to the protocols] we would be found not to be the 'good guys' in the international system," he said. He emphasised that other states in the International Maritime Organisation want to know that South Africa is doing its part to rid the oceans of pollution, and that is why legislative changes are needed.

The department recommended that the committee approve the amendment bill so that Parliament can consider it.

Edited by News24Wire

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