{"id":"environment-protection-sea-dumping-act-1984","name":"Environment Protection (Sea Dumping) Act 1984","slug":"environment-protection-sea-dumping-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32000,"registerId":"sa-environment-protection-sea-dumping-act-1984-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection (Sea Dumping) Act 1984","content":"South Australia\nEnvironment Protection (Sea Dumping) Act 1984\nAn Act to provide for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects; and for related purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tExemption\n5\tAct to bind the Crown\nPart 2—Regulation of dumping and incineration at sea\nDivision 1—Dumping at sea\n6\tDumping of wastes or other matter\n7\tDumping of vessels etc\n8\tLoading of wastes or other matter for dumping\n9\tDefences to charge of an offence\n10\tOffences under this Division\nDivision 2—Incineration at sea\n11\tIncineration at sea\nDivision 3—Reparation on account of dumping\n12\tRestoration of environment\n13\tLiability for expenses incurred by the State resulting from dumping\nPart 3—Permits\n14\tApplication for permit\n15\tGrant of permit\n16\tSuspension and revocation of permits\n17\tConditions in respect of permits\n18\tRadioactive wastes or other matter\n19\tApplications to Minister to vary operation of permits\n19A\tMatters to be published in Gazette\nPart 4—Inspectors\n20\tAppointment of inspectors\n21\tIdentity cards and their production\n22\tBoarding of vessels etc by inspector\n23\tAccess to premises\n24\tFunctions of inspector\n25\tPowers of arrest of inspectors\n26\tImmunity from personal liability\nPart 5—Miscellaneous\n27\tReview of decision to refuse permit\n28\tInjunctions\n29\tDelegation\n30\tFalse statements\n31\tCompliance with conditions of permit\n32\tNo time limit for prosecution\n33\tEvidence\n34\tEvidence of analyst\n35\tFees\n36\tOperation of Prevention of Pollution of Waters by Oil Act 1961 not affected\n37\tRegulations\nSchedule 1—Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter\nSchedule 2—Resolution adopted on 12 October 1978\nSchedule 3—Resolution adopted on 24 September 1980\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Environment Protection (Sea Dumping) Act 1984.\n2—Commencement\n\t(1)\tThis Act shall come into operation on a day to be fixed by proclamation.\n\t(2)\tThe Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\ncoastal waters means, in relation to the State, that part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;\nthe Convention means the Convention entitled \"Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter\" being the Convention of a copy of which in the English language is set out in Schedule 1, as amended by—\n\t(a)\tthe amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in Schedule 2; and\n\t(b)\tthe amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in the Schedule 3; and\n\t(c)\tany other amendment to the Convention—\n\t(i)\twhich is accepted by Australia; and\n\t(ii)\twhich, as a copy of that amendment in the English language, is set out in the regulations;\nholder of a permit means the person to whom a permit has been granted under Part 3;\ninspector means—\n\t(a)\ta person appointed as an inspector under section 20; or\n\t(b)\ta member of a police force who is an inspector by virtue of section 20;\nowner, in relation to a vessel, aircraft or platform, includes—\n\t(a)\tevery person who is a co-owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and\n\t(b)\tevery person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform;\npermit means a permit granted under Part 3;\nperson in charge means—\n\t(a)\tin relation to a vessel—the master or other person in charge of the vessel; or\n\t(b)\tin relation to an aircraft—the person in charge of the aircraft; or\n\t(c)\tin relation to a platform—the person in charge of the operations conducted on or from the platform;\nplatform means any manmade structure at sea, that is fixed to the seabed beneath coastal waters;\npremises means—\n\t(a)\ta building, structure or place (including a vehicle); or\n\t(b)\ta part of premises as defined above.\n\t(2)\tExcept so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.\n4—Exemption\nThis Act does not apply—\n\t(a)\tin relation to the disposal of wastes or other matter directly arising from, or related to, the exploration, exploitation and associated offshore processing, of seabed mineral resources; or\n\t(b)\tin relation to a vessel, aircraft or platform belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of a foreign country.\n5—Act to bind the Crown\n\t(1)\tThis Act binds the Crown but nothing in this Act renders the State liable to be prosecuted for an offence.\n\t(2)\tSubsection (1) does not affect any liability of a person in charge of a vessel, aircraft or platform of which the State is the owner to be prosecuted for an offence.\nPart 2—Regulation of dumping and incineration at sea\nDivision 1—Dumping at sea\n6—Dumping of wastes or other matter\nWhere, otherwise than in accordance with a permit, any wastes or other matter are dumped into coastal waters from any vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform and the owner of the wastes or other matter are each guilty of an offence.\n7—Dumping of vessels etc\nWhere, otherwise than in accordance with a permit, a vessel, aircraft or platform is dumped into coastal waters, the owner of the vessel, aircraft or platform that is so dumped is guilty of an offence and, in addition, where the dumping takes place from a vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform are each guilty of an offence.\n8—Loading of wastes or other matter for dumping\n\t(1)\tWhere, otherwise than in accordance with a permit, any prescribed matter is loaded on any vessel or aircraft in the State or in coastal waters, or on any platform, for the purpose of being dumped into the sea or being incinerated at sea, the owner and the person in charge of the vessel, aircraft or platform and the owner of the prescribed matter are each guilty of an offence.\n\t(2)\tIn subsection (1)—\nprescribed matter means—\n\t(a)\tany wastes or other matter; or\n\t(b)\tany vessel, aircraft or platform.\n9—Defences to charge of an offence\nIt is a defence to a charge of an offence under section 6 or 7 if the defendant proves that—\n\t(a)\tthe dumping the subject of the charge was necessary to secure the safety of human life, or of a vessel, aircraft or platform, at sea in a case of force majeure caused by stress of weather; or\n\t(b)\tthe dumping the subject of the charge was the only reasonable way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, at sea and there was every probability that the damage caused by such dumping would be less than would otherwise occur,\nand, in either case, that—\n\t(c)\tthe dumping was so conducted as to minimise the likelihood of damage to human or marine life; and\n\t(d)\ta report of the dumping, setting out the prescribed information, was furnished to the Minister as soon as practicable after the occurrence of the dumping.\n10—Offences under this Division\nThe penalty upon conviction of an offence under this Division is a fine not exceeding—\n\t(a)\twhere the offence relates to wastes or other matter to which Annex I to the Convention applies—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or\n\t(b)\twhere the offence relates to wastes or other matter to which Annex II to the Convention applies—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or\n\t(c)\tin any other case—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate.\nDivision 2—Incineration at sea\n11—Incineration at sea\n\t(1)\tThis section applies to incineration at sea carried out on, or carried out from—\n\t(a)\ta vessel in coastal waters; or\n\t(b)\ta platform.\n\t(2)\tThe incineration at sea of wastes or other matter listed in paragraphs 2, 3, 4, 6 and 7 of Annex I to the Convention, being incineration to which this section applies, is prohibited.\n\t(3)\tThe incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention, being incineration to which this section applies, is prohibited.\n\t(4)\tThe incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in Annex II, being incineration to which this section applies, is prohibited.\n\t(5)\tThe incineration at sea, otherwise than in accordance with a permit, of any wastes or other matter (other than wastes or other matter referred to in subsection (2), (3) or (4)), being incineration to which this section applies, is prohibited.\n\t(6)\tThe owner and the person in charge of a vessel or platform on which incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so incinerated are each guilty of an offence against this section and liable, on conviction, to a fine not exceeding—\n\t(a)\twhere the incineration was in contravention of subsection (2)—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or\n\t(b)\twhere the incineration was in contravention of subsection (3)—the sum of forty thousand dollars if the offender is a natural person or the sum of eighty thousand dollars if the offender is a body corporate; or\n\t(c)\twhere the incineration was in contravention of subsection (4)—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or\n\t(d)\twhere the incineration was in contravention of subsection (5)—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate.\nDivision 3—Reparation on account of dumping\n12—Restoration of environment\nWhere—\n\t(a)\twastes or other matter are, or a vessel, aircraft or platform is, dumped into coastal waters; and\n\t(b)\tthe Minister considers that that dumping is likely to—\n\t(i)\tcause an obstruction, or constitute a danger, to vessels; or\n\t(ii)\tresult in harm to human or marine life; or\n\t(iii)\tresult in interference with the exercise of the sovereign rights of Australia as a coastal State to explore and exploit the natural resources of the seabed and subsoil lying beneath Australian waters,\nthe Minister may cause to be taken such steps as he thinks proper to repair or remedy any condition, or to mitigate any damage, arising from that dumping.\n13—Liability for expenses incurred by the State resulting from dumping\n\t(1)\tWhere—\n\t(a)\ta person has been convicted of an offence under section 6 or 7; and\n\t(b)\tby reason of the exercise by the Minister of his powers under section 12, the State has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from the dumping that constituted the offence,\na person so convicted is liable to pay to the State an amount equal to the total amount of those expenses and liabilities of the State and that amount may be recovered, as a debt due to the State by the person, by action in a court of competent jurisdiction.\n\t(2)\tWhere two or more persons have been convicted of offences referred to in subsection (1) in respect of the same act of dumping, the State is not, by virtue of that subsection, entitled to recover from those persons amounts that, in the aggregate, exceed the total amount of the expenses and liabilities incurred by the State, by reason of the exercise by the Minister of his powers under section 12, as a result of that dumping.\n\t(3)\tSubject to subsection (4), where the owner of a vessel, aircraft or platform—\n\t(a)\thas been convicted of an offence under section 6 or 7 with respect to dumping from the vessel, aircraft or platform; and\n\t(b)\tis liable by virtue of subsection (1) to pay an amount to the State in respect of that offence,\nthat amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n\t(4)\tSubsection (3) does not entitle a person to detain a vessel or aircraft unless the vessel or aircraft is in the State or in coastal waters.\n\t(5)\tWhere—\n\t(a)\ta vessel that has been detained under subsection (3) goes to sea before it is released from detention; or\n\t(b)\tan aircraft that has been detained under subsection (3) leaves the State before it is released from detention,\nthe master and owner of the vessel or aircraft, as the case may be, shall each be guilty of an offence and shall be liable—\n\t(c)\tin the case of the master—to a fine not exceeding the sum of five thousand dollars or imprisonment for a term not exceeding two years, or both; or\n\t(d)\tin the case of the owner, if the owner is not a body corporate—to a fine not exceeding the sum of five thousand dollars or imprisonment for a term not exceeding two years, or both; or\n\t(e)\tin the case of the owner, if the owner is a body corporate—to a fine not exceeding the sum of ten thousand dollars.\nPart 3—Permits\n14—Application for permit\n\t(1)\tSubject to this Act, a person may make an application to the Minister for the grant of a permit under this Act.\n\t(2)\tSubject to section 15, a person may not make an application under subsection (1)—\n\t(a)\tin relation to the dumping or loading for dumping of any wastes or other matter to which Annex I to the Convention applies; or\n\t(b)\tin relation to the incineration at sea of wastes or other matter listed in paragraph 2, 3, 4, 6 and 7 of Annex I to the Convention.\n\t(3)\tAn application for a permit must be made in accordance with the appropriate form approved by the Minister from time to time.\n\t(4)\tWhere an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him to deal with the application, he may, by notice in writing served on the applicant not later than sixty days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 15, not to have been duly made until the statement is furnished.\n\t(5)\tWhere, in his preliminary consideration of an application for a permit for dumping, the Minister forms the view that, in order to enable him to decide whether a permit should be granted or not, or to formulate conditions that should be imposed in respect of a permit if a permit is granted, it will be necessary for research and analysis to be undertaken to determine the effect that the proposed dumping may have on the marine environment, the Minister, before giving further consideration to the application, may require the applicant to enter into an agreement with the State that includes one or more of the following provisions:\n\t(a)\tthat the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and analysis as is specified in the agreement, being research and analysis relating to the effect that the proposed dumping might have on the marine environment;\n\t(b)\tthat the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research and analysis of a kind referred to in paragraph (a);\n\t(c)\tthat the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research and analysis undertaken by the applicant in accordance with the agreement;\n\t(d)\tthat, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement—\n\t(i)\tthe State may undertake the necessary research and analysis; and\n\t(ii)\tin that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking;\n\t(e)\tthat the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement;\n\t(f)\tthat the applicant will report to the Minister the results of any research and analysis undertaken by him in accordance with the agreement.\n\t(6)\tWhere an applicant is required under subsection (5) to enter into an agreement with the State providing for the undertaking of research and analysis as specified in the agreement, his application shall be deemed, for the purposes of section 15, not to have been duly made until the research and analysis has been completed to the satisfaction of the Minister.\n15—Grant of permit\n\t(1)\tSubject to this section, the Minister may, in his discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 14.\n\t(2)\tThe Minister shall give a decision under subsection (1) on an application for a permit within ninety days after the application is made.\n\t(3)\tSubject to subsection (4), a permit for dumping or loading for dumping shall not be granted in respect of any wastes or other matter to which Annex I to the Convention applies.\n\t(4)\tThe Minister may grant a permit for dumping or loading for dumping wastes or other matter to which Annex I to the Convention applies if, in the opinion of the Minister, there is an emergency posing an unacceptable risk relating to human health and admitting no other feasible solution.\n\t(5)\tIn considering the granting of a permit for dumping or loading, the Minister shall have regard to—\n\t(a)\tthe factors set forth in Annex III to the Convention; and\n\t(b)\tin a case to which Section B of Annex II to the Convention applies—the matters set out in that Section; and\n\t(c)\tin a case to which Section D of Annex II to the Convention applies—any recommendations referred to in that Section.\n\t(6)\tA permit for incineration at sea of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to that Annex and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation.\n\t(7)\tA permit for incineration at sea of wastes or other matter listed in Annex II to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to Annex I, to the extent that those regulations are applicable, and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation, to the extent that those guidelines are applicable.\n\t(8)\tBefore granting a permit for dumping, the Minister may require the applicant to enter into an agreement with the State that includes one or more of the following provisions:\n\t(a)\tthat the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation of any contaminants;\n\t(b)\tthat the applicant will investigate, as specified in the agreement and subject to the direction and supervision of the Minister, the possibility of avoiding or reducing the need for further dumping by him;\n\t(c)\tthat the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;\n\t(d)\tthat the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;\n\t(e)\tthat, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement—\n\t(i)\tthe State may undertake the necessary research, monitoring or investigation, as the case may be; and\n\t(ii)\tin that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking;\n\t(f)\tthat the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement;\n\t(g)\tthat the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him in accordance with the agreement.\n\t(9)\tA permit granted under this section shall be expressed, in accordance with the Convention, to be either a general permit or a special permit.\n16—Suspension and revocation of permits\n\t(1)\tThe Minister may, at any time, by notice in writing served on the holder of a permit, vary, suspend or revoke the permit where he is satisfied that—\n\t(a)\ta provision of this Act relating to the permit or a condition imposed in respect of the permit has been contravened; or\n\t(b)\tit is necessary or expedient to do so in order properly to regulate the activities with which this Act is concerned.\n\t(2)\tA suspension of a permit may be of indefinite duration or for a period specified in the notice.\n\t(3)\tWhere proceedings for an offence in relation to a permit are commenced during a period of suspension of the permit, the suspension may be continued until the proceedings (including any review) are completed.\n\t(4)\tDuring the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run.\n\t(5)\tThe suspension of a permit does not prevent its revocation.\n\t(6)\tThe revocation or suspension of a permit takes effect when notice of the revocation or suspension, as the case may be, is served on the holder of the permit or on such later date (if any) as is specified in the notice.\n17—Conditions in respect of permits\n\t(1)\tThe Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.\n\t(2)\tA condition imposed in respect of a permit, or a revocation, suspension, variation or cancellation of suspension of such a condition, takes effect when notice of the condition or of the revocation, suspension, variation or cancellation is served on the holder of the permit or on such later date (if any) as is specified in the notice.\n18—Radioactive wastes or other matter\n\t(1)\tWhere the Minister proposes to grant a permit for the dumping or loading of wastes or other matter that are radioactive, the Minister shall—\n\t(a)\tstate in the permit that the permit is a permit for dumping or loading, as the case may be, radioactive wastes or other matter; and\n\t(b)\tappoint such escorting officers (if any) as he thinks necessary to be present on board any vessel on which the wastes or other matter are to be carried for the purpose of—\n\t(i)\tobserving the loading, and stowing, on board the vessel of the wastes or other matter; and\n\t(ii)\tmonitoring the levels of radiation caused by the wastes or other matter; and\n\t(iii)\tobserving the dumping into the sea of the wastes or other matter in accordance with the permit; and\n\t(iv)\tgiving to the master of the vessel—\n\t(A)\tsuch directions as the escorting officer thinks necessary in relation to any matter arising out of the presence on board the vessel of the wastes or other matter; or\n\t(B)\tsuch directions as the escorting officer thinks necessary to ensure that the handling or stowing of the wastes or other matter on board the vessel, or the dumping into the sea of such wastes or other matter, is in accordance with the permit or with any condition imposed in respect of the permit (including a direction to cease loading, or to cease dumping into the sea, the wastes or other matter or any part of the wastes or other matter).\n\t(2)\tIt shall be a condition of every permit for dumping or loading radioactive wastes or other matter that the holder of the permit will ensure that—\n\t(a)\tany escorting officers appointed by the Minister in relation to the permit—\n\t(i)\tare received on board any vessel used, or to be used, for the carriage of the wastes or other matter concerned during all times when their presence on board is necessary for the purpose of carrying out their functions; and\n\t(ii)\tare supplied with any necessary food and accommodation, being food and accommodation of an acceptable standard, when they are on board the vessel; and\n\t(b)\tin the case of a permit for dumping—any escorting officers on board when dumping has ceased are, in accordance with arrangements agreed between the holder of the permit and the Minister, returned to the port of embarkation or such other place as is agreed between the holder of the permit and the Minister.\n\t(3)\tWhen a vessel that has on board an escorting officer for the purpose of carrying out his functions in relation to radioactive wastes or other matter on board, or to be loaded on board, the vessel, the person in charge of the vessel—\n\t(a)\tshall permit the escorting officer to have access to every part of the vessel to which it is necessary that he have access for the purpose of carrying out his functions; and\n\t(b)\twhen requested by the escorting officer so to do, shall give to the escorting officer any information in the possession of the person in charge concerning the radioactive wastes or other matter; and\n\t(c)\tshall not take any action, or cause or permit any action to be taken, in relation to the radioactive wastes or other matter that is in contravention of any direction given to him by the escorting officer in the carrying out of his functions.\nPenalty: Ten thousand dollars.\n\t(4)\tIt is a defence to a charge of an offence under subsection (3)(c) if the person in charge of the vessel proves that the action the subject of the charge was necessary to ensure the safety of the vessel or of any person on board.\n\t(5)\tFor the purposes of this section, wastes or other matter shall not be regarded as being radioactive if they are not, by virtue of regulations made under the Radiation Protection and Control Act 1982 subject to any control under Part 3 of that Act.\n19—Applications to Minister to vary operation of permits\n\t(1)\tThe holder of a permit may make application to the Minister for the revocation or variation of a condition imposed in respect of the permit.\n\t(2)\tThe holder of a permit that is suspended may make application to the Minister for the cancellation of that suspension.\n\t(3)\tThe Minister shall, within sixty days after the receipt of an application under subsection (1) or (2)—\n\t(a)\tif he is satisfied that the application should be granted—\n\t(i)\trevoke the condition;\n\t(ii)\tvary the condition in accordance with the application;\n\t(iii)\tcancel the suspension of the permit,\nas the case may be;\n\t(b)\tif he is not so satisfied—refuse to grant the application.\n19A—Matters to be published in Gazette\nThe Minister must cause to be published in the Gazette particulars of—\n\t(a)\tapplications for permits; and\n\t(b)\tpermits granted and any conditions imposed in respect of those permits; and\n\t(c)\trefusals to grant permits; and\n\t(d)\tany revocation, suspension or cancellation of suspension of a permit; and\n\t(e)\tany revocation, suspension, variation or cancellation of suspension of a condition imposed in respect of a permit.\nPart 4—Inspectors\n20—Appointment of inspectors\n\t(1)\tThe Minister may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act.\n\t(2)\tEvery member of the police force of the State shall, by virtue of his office, be an inspector for the purposes of this Act.\n21—Identity cards and their production\n\t(1)\tThe Minister shall, subject to subsection (2), issue to every inspector an identity card stating the name of that person and the fact that he is an inspector under this Act.\n\t(2)\tThe issue of an identity card is not required in the case of an inspector who is a member of the police force of the State.\n\t(3)\tAn inspector shall, upon demand by any person in relation to whom he is exercising or proposing to exercise any of his powers under this Act, produce his identity card, or where the inspector is a member of the police force not in uniform, his warrant card, for the inspection of that person.\n\t(4)\tWhere a person in possession of an identity card issued to him under subsection (1) ceases to be an inspector, he shall forthwith return the identity card to the Minister.\nPenalty: One thousand dollars.\n22—Boarding of vessels etc by inspector\n\t(1)\tThis section applies to—\n\t(a)\tany vessel or any aircraft that is in the State;\n\t(b)\tany vessel, or any aircraft capable of landing on water, that is in coastal waters, or any platform.\n\t(2)\tAn inspector may, with such assistance as he thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 24 if he believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform—\n\t(a)\tany matter or thing that is to be dumped into the sea or incinerated at sea; or\n\t(b)\tany matter or thing that may afford evidence as to the commission of an offence against this Act,\nand, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft.\n\t(3)\tAn inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence.\n\t(4)\tWhere an inspector believes on reasonable grounds that a vessel to which this section applies and that is in coastal waters has been used or otherwise involved in the commission of an offence against this Act, he may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in South Australia to which it is safe and practicable to bring the vessel.\n\t(5)\tAn inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform.\n\t(6)\tA person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section shall be guilty of an offence.\nPenalty: Two thousand dollars.\n23—Access to premises\n\t(1)\tAn inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 24.\n\t(2)\tWhere an inspector has reason to believe that there is on premises—\n\t(a)\tany matter or thing that is to be dumped into the sea or incinerated at sea; or\n\t(b)\tany matter or thing that may afford evidence as to the commission of an offence against this Act,\nthe inspector may apply to a Justice of the Peace for a warrant authorising the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 24.\n\t(3)\tIf, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath—\n\t(a)\tthat there is reasonable ground for believing that there is on the premises to which the application relates—\n\t(i)\tany matter or thing that is to be dumped into the sea or incinerated at sea; or\n\t(ii)\tany matter or thing that may afford evidence as to the commission of an offence against this Act; and\n\t(b)\tthat the issue of the warrant is reasonably required for the purposes of this Act,\nthe Justice of the Peace may grant a warrant authorising the inspector, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 24.\n\t(4)\tWhere an inspector has entered any premises in pursuance of this section, he may exercise the functions of an inspector in accordance with section 24.\n24—Functions of inspector\n\t(1)\tThe functions of an inspector who boards a vessel, aircraft or platform under section 22 or enters premises under section 23 are as follows:\n\t(a)\tto search for, and take possession of, any matter or thing that may afford evidence as to the commission of an offence against this Act;\n\t(b)\tto search for, inspect, take extracts from and make copies of any document that relates to the loading, dumping or incineration at sea of any matter or thing;\n\t(c)\tto inspect, and take samples of, any wastes or other matter;\n\t(d)\tto observe—\n\t(i)\tthe loading on a vessel or aircraft, in accordance with a permit, of any matter or thing that is to be dumped into the sea or incinerated at sea; or\n\t(ii)\tthe dumping into the sea, or the incineration at sea, in accordance with a permit, of any matter or thing.\n\t(2)\tFor the purposes of carrying out his functions under subsection (1), an inspector may break open any hold or compartment, or any container or other receptacle, on a vessel, aircraft or platform or on any premises.\n25—Powers of arrest of inspectors\n\t(1)\tAn inspector may arrest without warrant any person—\n\t(a)\twho hinders or assaults an inspector or a person accompanying or assisting an inspector; or\n\t(b)\twhere he has reason to believe that the person has committed an offence against this Act and—\n\t(i)\tfailed to state truthfully his name or usual place of residence when required to do so; or\n\t(ii)\twould fail to attend court in answer to a summons issued in respect of the offence; or\n\t(iii)\twould continue or repeat the offence if not arrested.\n\t(2)\tWhere a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause him to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with the law.\n\t(3)\tNothing in this section prevents the arrest of a person in accordance with any other law.\n26—Immunity from personal liability\n\t(1)\tNo personal liability shall attach to an inspector, or any person lawfully assisting an inspector, for any act or omission by him in good faith and in the exercise or discharge, or purported exercise or discharge, of the powers, duties or functions of an inspector under this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against an inspector or other person shall lie against the Crown.\nPart 5—Miscellaneous\n27—Review of decision to refuse permit\n\t(1)\tA person may seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of a decision of the Minister—\n\t(a)\tto refuse to grant a permit under this Act; or\n\t(b)\tto vary, suspend or revoke a permit under this Act.\n\t(2)\tAn application for review may be made to the Tribunal within 30 days after the date of the decision (or such longer period as the Tribunal may allow).\n\t(3)\tIn this section—\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n28—Injunctions\n\t(1)\tThe Supreme Court may—\n\t(a)\tupon application by the Attorney-General or by an interested person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, an offence under Division 1 or 2 of Part 2; and\n\t(b)\tmake any order incidental or supplementary to an order made or an application under paragraph (a), including an order as to costs.\n\t(2)\tThe reference in subsection (1)(a) to an interested person shall be read as including a reference to a person whose use or enjoyment of any part of the sea, or of the air space above, or of the seabed or subsoil beneath, any part of the sea, is, or is likely to be, adversely affected by the conduct concerned.\n\t(3)\tThe reference in subsection (1)(a) to engaging in conduct shall be read as including a reference to—\n\t(a)\tdoing, refusing to do, or refraining from doing, any act or thing; or\n\t(b)\tcausing or permitting another person to do, refuse to do, or refrain from doing, any act or thing.\n29—Delegation\n\t(1)\tThe Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation.\n\t(2)\tWhere a power delegated under this section by the Minister is exercised by the delegate, the power shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n\t(3)\tA delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office in the Public Service of the State.\n\t(4)\tA delegate under this section is, in the exercise of his delegated powers, subject to the directions of the Minister.\n\t(5)\tA delegation under this section does not prevent the exercise of a power by the Minister.\n30—False statements\n\t(1)\tA person who, in, or in connection with, an application for a permit—\n\t(a)\tmakes a statement that, to his knowledge, is false or misleading in a material particular; or\n\t(b)\tfurnishes to the Minister, an officer or any other person acting in the administration of this Act a document that, to the knowledge of the first mentioned person, contains information that is false or misleading in a material particular,\nshall be guilty of an offence and shall be liable—\n\t(c)\tif the person is a natural person—to a fine not exceeding the sum of five thousand dollars or imprisonment for two years, or both; or\n\t(d)\tif the person is a body corporate—to a fine not exceeding the sum of twenty thousand dollars.\n\t(2)\tA person who—\n\t(a)\tmakes to an inspector a statement that, to the knowledge of the person, is false or misleading in a material particular; or\n\t(b)\tfurnishes to an inspector a document that, to the knowledge of the person, contains information that is false or misleading in a material particular,\nshall be guilty of an offence and shall be liable—\n\t(c)\tif the person is a natural person—to a fine not exceeding the sum of one thousand dollars; or\n\t(d)\tif the person is a body corporate—to a fine not exceeding the sum of two thousand dollars.\n31—Compliance with conditions of permit\nThe holder of a permit who contravenes, or fails to comply with, a condition imposed in respect of the permit shall be guilty of an offence and shall be liable—\n\t(a)\tif the person is a natural person—to a fine not exceeding the sum of five thousand dollars; or\n\t(b)\tif the person is a body corporate—to a fine not exceeding the sum of ten thousand dollars.\n32—No time limit for prosecution\nA prosecution for an offence against this Act may be brought at any time.\n33—Evidence\n\t(1)\tIn proceedings for an offence against this Act—\n\t(a)\tan allegation in a complaint that a person is, or was on a specified day, the owner or person in charge of a specified vessel, aircraft or platform (as the case may be) shall, in the absence of proof to the contrary, be deemed to be proof of the matter alleged; and\n\t(b)\tany record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record; and\n\t(c)\ta copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and\n\t(d)\ta document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as is referred to in paragraph (c), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.\n\t(2)\tIn proceedings for an offence against this Act, evidence of a distance or position as determined by the use of an electronic, optical, mechanical or other device by an inspector or any other competent person shall, in the absence of proof to the contrary, be accepted as proof of the distance or position.\n\t(3)\tIn proceedings for an offence against this Act, a statement made in evidence by an inspector that a place or area described or indicated by him was within coastal waters shall, in the absence of proof to the contrary, be accepted as proof of the matter so stated.\n\t(4)\tIn proceedings for an offence against this Act, any conditions of a permit under this Act may be proved by the production of an apparently genuine document purporting to be a copy of the conditions certified by the Minister.\n34—Evidence of analyst\n\t(1)\tThe Minister may appoint a person to be an analyst for the purposes of this Act.\n\t(2)\tSubject to subsection (4), in proceedings for an offence against this Act a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:\n\t(a)\tthat he or she is appointed as the analyst under subsection (1);\n\t(b)\twhen and from whom the substance was received;\n\t(c)\twhat labels or other means of identification accompanied the substance when it was received;\n\t(d)\twhat container the substance was in when it was received;\n\t(e)\ta description, including the weight, of the substance when it was received;\n\t(f)\tthe name of any method used to analyse the substance or any portion of it;\n\t(g)\tthe results of any such analysis;\n\t(h)\thow the substance was dealt with after handling by the analyst, including details of:\n\t(i)\tthe quantity of the substance retained after analysis; and\n\t(ii)\tnames of any person to whom any of the retained substance was given after analysis; and\n\t(iii)\tmeasures taken to secure any retained quantity of the substance after analysis,\nconstitutes proof, in the absence of proof to the contrary, of the matters in the certificate and the correctness of the results of the analysis.\n\t(3)\tFor the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.\n\t(4)\tA certificate shall not be admitted in evidence in pursuance of subsection (2) in proceedings for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.\n35—Fees\n\t(1)\tThe regulations may prescribe the fees to be paid in respect of an application for a permit or of any other application under this Act.\n\t(2)\tA fee prescribed in respect of an application under this Act shall be paid when the application is made or at such other time (if any) as is prescribed and, if the fee is not so paid, the application shall be deemed not to be duly made.\n\t(3)\tThe Minister may, if he considers it necessary or desirable to do so, waive the payment of any fee payable in respect of an application and, if he does so, subsection (2) does not apply in relation to that application.\n36—Operation of Prevention of Pollution of Waters by Oil Act 1961 not affected\nNothing in this Act shall derogate from the provisions of the Prevention of Pollution of Waters by Oil Act 1961.\n37—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the manner of service of notices and proceedings under this Act; and\n\t(b)\tprovide for the imposition of penalties not exceeding $1 000 if the offender is a natural person and $5 000 if the offender is a body corporate.\n\t(3)\tRegulations prescribing matters for the purposes of this Act may prescribe those matters by reference to regulations for the time being in force under the Environment Protection (Sea Dumping) Act 1981 of the Commonwealth as in force for the time being.\nSchedule 1—Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter\nTHE CONTRACTING PARTIES TO THIS CONVENTION,\nRECOGNIZING that the marine environment and the living organisms which it supports are of vital importance to humanity, and all people have an interest in assuring that it is so managed that its quality and resources are not impaired;\nRECOGNIZING that the capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources, is not unlimited;\nRECOGNIZING that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;\nRECALLING Resolution 2749 (XXV) of the General Assembly of the United Nations on the principles governing the sea-bed and the ocean floor and the subsoil thereof, beyond the limits of national jurisdiction;\nNOTING that marine pollution originates in many sources, such as dumping and discharges through the atmosphere, rivers, estuaries, outfalls and pipelines, and that it is important that States use the best practicable means to prevent such pollution and develop products and processes which will reduce the amount of harmful wastes to be disposed of;\nBEING CONVINCED that international action to control the pollution of the sea by dumping can and must be taken without delay but that this action should not preclude discussion of measures to control other sources of marine pollution as soon as possible; and\nWISHING to improve protection of the marine environment by encouraging States with a common interest in particular geographical areas to enter into appropriate agreements supplementary to this Convention;\nHAVE AGREED as follows:\nARTICLE I\nContracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment, and pledge themselves especially to take all practicable steps to prevent the pollution of the sea by the dumping of waste and other matter that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.\nARTICLE II\nContracting Parties shall, as provided for in the following Articles, take effective measures individually, according to their scientific, technical and economic capabilities, and collectively, to prevent marine pollution caused by dumping and shall harmonize their policies in this regard.\nARTICLE III\nFor the purposes of this Convention:\n\t1.\t—\n\t(a)\t\"Dumping\" means:\n\t(i)\tany deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;\n\t(ii)\tany deliberate disposal at sea of vessels, aircraft, platforms or other man-made structures at sea.\n\t(b)\t\"Dumping\" does not include:\n\t(i)\tthe disposal at sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms, or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;\n\t(ii)\tplacement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.\n\t(c)\tThe disposal of wastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources will not be covered by the provisions of this Convention.\n\t2.\t\"Vessels and aircraft\" means waterborne or airborne craft of any type whatsoever. This expression includes air cushioned craft and floating craft, whether self-propelled or not.\n\t3.\t\"Sea\" means all marine waters other than the internal waters of States.\n\t4.\t\"Wastes or other matter\" means material and substances of any kind, form or description.\n\t5.\t\"Special permit\" means permission granted specifically on application in advance and in accordance with Annex II and Annex III.\n\t6.\t\"General permit\" means permission granted in advance and in accordance with Annex III.\n\t7.\t\"The Organization\" means the Organization designated by the Contracting Parties in accordance with Article XIV(2).\nARTICLE IV\n\t1.\tIn accordance with the provisions of this Convention Contracting Parties shall prohibit the dumping of any wastes or other matter in whatever form or condition except as otherwise specified below:\n\t(a)\tthe dumping of wastes or other matter listed in Annex I is prohibited;\n\t(b)\tthe dumping of wastes or other matter listed in Annex II requires a prior special permit;\n\t(c)\tthe dumping of all other wastes or matter requires a prior general permit.\n\t2.\tAny permit shall be issued only after careful consideration of all the factors set forth in Annex III, including prior studies of the characteristics of the dumping site, as set forth in Sections B and C of that Annex.\n\t3.\tNo provision of this Convention is to be interpreted as preventing a Contracting Party from prohibiting, insofar as that Party is concerned, the dumping of wastes or other matter not mentioned in Annex I. That Party shall notify such measures to the Organization.\nARTICLE V\n\t1.\tThe provisions of Article IV shall not apply when it is necessary to secure the safety of human life or of vessels, aircraft, platforms or other man-made structures at sea in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels, aircraft, platforms or other man-made structures at sea, if dumping appears to be the only way of averting the threat and if there is every probability that the damage consequent upon such dumping will be less than would otherwise occur. Such dumping shall be so conducted as to minimize the likelihood of damage to human or marine life and shall be reported forthwith to the Organization.\n\t2.\tA Contracting Party may issue a special permit as an exception to Article IV(1)(a), in emergencies, posing unacceptable risk relating to human health and admitting no other feasible solution. Before doing so the Party shall consult any other country or countries that are likely to be affected and the Organization which, after consulting other Parties, and international organizations as appropriate, shall, in accordance with Article XIV promptly recommend to the Party the most appropriate procedures to adopt. The Party shall follow these recommendations to the maximum extent feasible consistent with the time within which action must be taken and with the general obligation to avoid damage to the marine environment and shall inform the Organization of the action it takes. The Parties pledge themselves to assist one another in such situations.\n\t3.\tAny Contracting Party may waive its rights under paragraph (2) at the time of, or subsequent to ratification of, or accession to this Convention.\nARTICLE VI\n\t1.\tEach Contracting Party shall designate an appropriate authority or authorities to:\n\t(a)\tissue special permits which shall be required prior to, and for, the dumping of matter listed in Annex II and in the circumstances provided for in Article V(2);\n\t(b)\tissue general permits which shall be required prior to, and for, the dumping of all other matter;\n\t(c)\tkeep records of the nature and quantities of all matter permitted to be dumped and the location, time and method of dumping;\n\t(d)\tmonitor individually, or in collaboration with other Parties and competent international organizations, the condition of the seas for the purposes of this Convention.\n\t2.\tThe appropriate authority or authorities of a Contracting Party shall issue prior special or general permits in accordance with paragraph (1) in respect of matter intended for dumping:\n\t(a)\tloaded in its territory;\n\t(b)\tloaded by a vessel or aircraft registered in its territory or flying its flag, when the loading occurs in the territory of a State not party to this Convention.\n\t3.\tIn issuing permits under sub-paragraphs (1)(a) and (b) above, the appropriate authority or authorities shall comply with Annex III, together with such additional criteria, measures and requirements as they may consider relevant.\n\t4.\tEach Contracting Party, directly or through a Secretariat established under a regional agreement, shall report to the Organization, and where appropriate to other Parties, the information specified in sub-paragraphs (c) and (d) of paragraph (1) above, and the criteria, measures and requirements it adopts in accordance with paragraph (3) above. The procedure to be followed and the nature of such reports shall be agreed by the Parties in consultation.\nARTICLE VII\n\t1.\tEach Contracting Party shall apply the measures required to implement the present Convention to all:\n\t(a)\tvessels and aircraft registered in its territory or flying its flag;\n\t(b)\tvessels and aircraft loading in its territory or territorial seas matter which is to be dumped;\n\t(c)\tvessels and aircraft and fixed or floating platforms under its jurisdiction believed to be engaged in dumping.\n\t2.\tEach Party shall take in its territory appropriate measures to prevent and punish conduct in contravention of the provisions of this Convention.\n\t3.\tThe Parties agree to co-operate in the development of procedures for the effective application of this Convention particularly on the high seas, including procedures for the reporting of vessels and aircraft observed dumping in contravention of the Convention.\n\t4.\tThis Convention shall not apply to those vessels and aircraft entitled to sovereign immunity under international law. However, each party shall ensure by the adoption of appropriate measures that such vessels and aircraft owned or operated by it act in a manner consistent with the object and purpose of this Convention, and shall inform the Organization accordingly.\n\t5.\tNothing in this Convention shall affect the right of each Party to adopt other measures, in accordance with the principles of international law, to prevent dumping at sea.\nARTICLE VIII\nIn order to further the objectives of this Convention, the Contracting Parties with common interests to protect in the marine environment in a given geographical area shall endeavour, taking into account characteristic regional features, to enter into regional agreements consistent with this Convention for the prevention of pollution, especially by dumping. The Contracting Parties to the present Convention shall endeavour to act consistently with the objectives and provisions of such regional agreements, which shall be notified to them by the Organization. Contracting Parties shall seek to co-operate with the Parties to regional agreements in order to develop harmonized procedures to be followed by Contracting Parties to the different conventions concerned. Special attention shall be given to co-operation in the field of monitoring and scientific research.\nARTICLE IX\nThe Contracting Parties shall promote, through collaboration within the Organization and other international bodies, support for those Parties which request it for:\n\t(a)\tthe training of scientific and technical personnel;\n\t(b)\tthe supply of necessary equipment and facilities for research and monitoring;\n\t(c)\tthe disposal and treatment of waste and other measures to prevent or mitigate pollution caused by dumping;\npreferably within the countries concerned, so furthering the aims and purposes of this Convention.\nARTICLE X\nIn accordance with the principles of international law regarding State responsibility for damage to the environment of other States or to any other area of the environment, caused by dumping of wastes and other matter of all kinds, the Contracting Parties undertake to develop procedures for the assessment of liability and the settlement of disputes regarding dumping.\nARTICLE XI\nThe Contracting Parties shall at their first consultative meeting consider procedures for the settlement of disputes concerning the interpretation and application of this Convention.\nARTICLE XII\nThe Contracting Parties pledge themselves to promote, within the competent specialized agencies and other international bodies, measures to protect the marine environment against pollution caused by:\n\t(a)\thydrocarbons, including oil, and their wastes;\n\t(b)\tother noxious or hazardous matter transported by vessels for purposes other than dumping;\n\t(c)\twastes generated in the course of operation of vessels, aircraft, platforms and other manmade structures at sea;\n\t(d)\tradio-active pollutants from all sources, including vessels;\n\t(e)\tagents of chemical and biological warfare;\n\t(f)\twastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.\nThe Parties will also promote, within the appropriate international organization, the codification of signals to be used by vessels engaged in dumping.\nARTICLE XIII\nNothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. The Contracting Parties agree to consult at a meeting to be convened by the Organization after the Law of the Sea Conference, and in any case not later than 1976, with a view to defining the nature and extent of the right and the responsibility of a coastal State to apply the Convention in a zone adjacent to its coast.\nARTICLE XIV\n\t1.\tThe Government of the United Kingdom of Great Britain and Northern Ireland as a depositary shall call a meeting of the Contracting Parties not later than three months after the entry into force of this Convention to decide on organizational matters.\n\t2.\tThe Contracting Parties shall designate a competent Organization existing at the time of that meeting to be responsible for Secretariat duties in relation to this Convention. Any Party to this Convention not being a member of this Organization shall make an appropriate contribution to the expenses incurred by the Organization in performing these duties.\n\t3.\tThe Secretariat duties of the Organization shall include:\n\t(a)\tthe convening of consultative meetings of the Contracting Parties not less frequently than once every two years and of special meetings of the Parties at any time on the request of two-thirds of the Parties;\n\t(b)\tpreparing and assisting, in consultation with the Contracting Parties and appropriate International Organizations, in the development and implementation of procedures referred to in sub-paragraph (4)(e) of this Article;\n\t(c)\tconsidering enquiries by, and information from the Contracting Parties, consulting with them and with the appropriate International Organizations, and providing recommendations to the Parties on questions related to, but not specifically covered by the Convention;\n\t(d)\tconveying to the Parties concerned all notifications received by the Organization in accordance with Articles IV(3), V(1) and (2), VI(4), XV, XX and XXI.\nPrior to the designation of the Organization these functions shall, as necessary, be performed by the depositary, who for this purpose shall be the Government of the United Kingdom of Great Britain and Northern Ireland.\n\t4.\tConsultative or special meetings of the Contracting Parties shall keep under continuing review the implementation of this Convention and may, inter alia:\n\t(a)\treview and adopt amendments to this Convention and its Annexes in accordance with Article XV;\n\t(b)\tinvite the appropriate scientific body or bodies to collaborate with and to advise the Parties or the Organization on any scientific or technical aspect relevant to this Convention, including particularly the content of the Annexes;\n\t(c)\treceive and consider reports made pursuant to Article VI(4);\n\t(d)\tpromote co-operation with and between regional organizations concerned with the prevention of marine pollution.\n\t(e)\tdevelop or adopt, in consultation with appropriate International Organizations, procedures referred to in Article V(2), including basic criteria for determining exceptional and emergency situations, and procedures for consultative advice and the safe disposal of matter in such circumstances, including the designation of appropriate dumping areas, and recommend accordingly;\n\t(f)\tconsider any additional action that may be required.\n\t5.\tThe Contracting Parties at their first consultative meeting shall establish rules of procedure as necessary.\nARTICLE XV\n\t1.\t—\n\t(a)\tAt meetings of the Contracting Parties called in accordance with Article XIV amendments to this Convention may be adopted by a two-thirds majority of those present. An amendment shall enter into force for the Parties which have accepted it on the sixtieth day after two-thirds of the Parties shall have deposited an instrument of acceptance of the amendment with the Organization. Thereafter the amendment shall enter into force for any other Party 30 days after that Party deposits its instrument of acceptance of the amendment.\n\t(b)\tThe Organization shall inform all Contracting Parties of any request made for a special meeting under Article XIV and of any amendments adopted at meetings of the Parties and of the date on which each such amendment enters into force for each Party.\n\t2.\tAmendments to the Annexes will be based on scientific or technical considerations. Amendments to the Annexes approved by a two-thirds majority of those present at a meeting called in accordance with Article XIV shall enter into force for each Contracting Party immediately on notification of its acceptance to the Organization and 100 days after approval by the meeting for all other Parties except for those which before the end of the 100 days make a declaration that they are not able to accept the amendment at that time. Parties should endeavour to signify their acceptance of an amendment to the Organization as soon as possible after approval at a meeting. A Party may at any time substitute an acceptance for a previous declaration of objection and the amendment previously objected to shall thereupon enter into force for that Party.\n\t3.\tAn acceptance or declaration of objection under this Article shall be made by the deposit of an instrument with the Organization. The Organization shall notify all Contracting Parties of the receipt of such instruments.\n\t4.\tPrior to the designation of the Organization, the Secretarial functions herein attributed to it, shall be performed temporarily by the Government of the United Kingdom of Great Britain and Northern Ireland, as one of the depositaries of this Convention.\nARTICLE XVI\nThis Convention shall be open for signature by any State at London, Mexico City, Moscow and Washington from 29 December 1972 until 31 December 1973.\nARTICLE XVII\nThis Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Governments of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.\nARTICLE XVIII\nAfter 31 December 1973, this Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Governments of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.\nARTICLE XIX\n\t1.\tThis Convention shall enter into force on the thirtieth day following the date of deposit of the fifteenth instrument of ratification or accession.\n\t2.\tFor each Contracting party ratifying or acceding to the Convention after the deposit of the fifteenth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such Party of its instrument of ratification or accession.\nARTICLE XX\nThe depositaries shall inform Contracting Parties:\n\t(a)\tof signatures to this Convention and of the deposit of instruments of ratification, accession or withdrawal, in accordance with Articles XVI, XVII, XVIII and XXI, and\n\t(b)\tof the date on which this Convention will enter into force, in accordance with Article XIX.\nARTICLE XXI\nAny Contracting Party may withdraw from this Convention by giving six months' notice in writing to a depositary, which shall promptly inform all Parties of such notice.\nARTICLE XXII\nThe original of this Convention of which the English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Governments of Mexico, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America who shall send certified copies thereof to all States.\nIN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments have signed the present Convention.*\nDONE in quadruplicate at London, Mexico City, Moscow and Washington, this twenty-ninth day of December, 1972.\n* Signatures omitted\nANNEX I\n\t1.\tOrganohalogen compounds.\n\t2.\tMercury and mercury compounds.\n\t3.\tCadmium and cadmium compounds.\n\t4.\tPersistent plastics and other persistent synthetic materials, for example, netting and ropes, which may float or may remain in suspension in the sea in such a manner as to interfere materially with fishing, navigation or other legitimate uses of the sea.\n\t5.\tCrude oil, fuel oil, heavy diesel oil, and lubricating oils, hydraulic fluids, and any mixtures containing any of these, taken on board for the purpose of dumping.\n\t6.\tHigh-level radio-active wastes or other high-level radio-active matter, defined on public health biological or other grounds, by the competent international body in this field, at present the International Atomic Energy Agency, as unsuitable for dumping at sea.\n\t7.\tMaterials in whatever form (e.g. solids, liquids, semi-liquids, gases or in a living state) produced for biological and chemical warfare.\n\t8.\tThe preceding paragraphs of this Annex do not apply to substances which are rapidly rendered harmless by physical, chemical or biological processes in the sea provided they do not:\n\t(i)\tmake edible marine organisms unpalatable, or\n\t(ii)\tendanger human health or that of domestic animals.\nThe consultative procedure provided for under Article XIV should be followed by a Party if there is doubt about the harmlessness of the substance.\n\t9.\tThis Annex does not apply to wastes or other materials (e.g. sewage sludges and dredged spoils) containing the matters referred to in paragraphs 1–5 above as trace contaminants. Such wastes shall be subject to the provisions of Annexes II and III as appropriate.\nANNEX II\nThe following substances and materials requiring special care are listed for the purposes of Article VI(1)(a).\n\tA.\tWastes containing significant amounts of the matters listed below:\n\narsenic\nlead\ncopper\nzinc\n}\nand their compounds\norganosilicon compounds\ncyanides\nfluorides\npesticides and their by-products not covered in Annex I.\n\tB.\tIn the issue of permits for the dumping of large quantities of acids and alkalis, consideration shall be given to the possible presence in such wastes of the substances listed in paragraph A and to the following additional substances:\n\nberyllium\nchromium\nnickel\nvanadium\n}\nand their compounds\n\tC.\tContainers, scrap metal and other bulky wastes liable to sink to the sea bottom which may present a serious obstacle to fishing or navigation.\n\tD.\tRadio-active wastes or other radio-active matter not included in Annex I. In the issue of permits for the dumping of this matter, the Contracting Parties should take full account of the recommendations of the competent international body in this field, at present the International Atomic Energy Agency.\nANNEX III\nProvisions to be considered in establishing criteria governing the issue of permits for the dumping of matter at sea, taking into account Article IV(2), include:\n\tA\t—Characteristics and composition of the matter\n\t1.\tTotal amount and average composition of matter dumped (e.g. per year).\n\t2.\tForm, e.g. solid, sludge, liquid, or gaseous.\n\t3.\tProperties: physical (e.g. solubility and density), chemical and biochemical (e.g. oxygen demand, nutrients) and biological (e.g. presence of viruses, bacteria, yeasts, parasites).\n\t4.\tToxicity.\n\t5.\tPersistence: physical, chemical and biological.\n\t6.\tAccumulation and biotransformation in biological materials or sediments.\n\t7.\tSusceptibility to physical, chemical and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials.\n\t8.\tProbability of production of taints or other changes reducing marketability of resources (fish, shellfish, etc.)\n\tB\t—Characteristics of dumping site and method of deposit\n\t1.\tLocation (e.g. co-ordinates of the dumping area, depth and distance from the coast), location in relation to other areas (e.g. amenity areas, spawning, nursery and fishing areas and exploitable resources).\n\t2.\tRate of disposal per specific period (e.g. quantity per day, per week, per month).\n\t3.\tMethods of packaging and containment, if any.\n\t4.\tInitial dilution achieved by proposed method of release.\n\t5.\tDispersal characteristics (e.g. effects of currents, tides and wind on horizontal transport and vertical mixing).\n\t6.\tWater characteristics (e.g. temperature, pH, salinity, stratification, oxygen indices of pollution-dissolved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD)—nitrogen present in organic and mineral form including ammonia, suspended matter, other nutrients and productivity).\n\t7.\tBottom characteristics (e.g. topography, geochemical and geological characteristics and biological productivity).\n\t8.\tExistence and effects of other dumpings which have been made in the dumping area (e.g. heavy metal background reading and organic carbon content).\n\t9.\tIn issuing a permit for dumping, Contracting Parties should consider whether an adequate scientific basis exists for assessing the consequences of such dumping, as outlined in this Annex, taking into account seasonal variations.\n\tC\t—General considerations and conditions\n\t1.\tPossible effects on amenities (e.g. presence of floating or stranded material, turbidity, objectionable odour, discolouration and foaming).\n\t2.\tPossible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture.\n\t3.\tPossible effects on other uses of the sea (e.g. impairment of water quality for industrial use, underwater corrosion of structures, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor and protection of areas of special importance for scientific or conservation purposes).\n\t4.\tThe practical availability of alternative land-based methods of treatment, disposal or elimination, or of treatment to render the matter less harmful for dumping at sea.\nSchedule 2—Resolution adopted on 12 October 1978\nTHE THIRD CONSULTATIVE MEETING,\nRECALLING Article I of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, which provides that Contracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment,\nHAVING NOTED the use of incineration at sea as a means of disposal of wastes containing highly toxic substances and the consequent risks of marine and atmospheric pollution which may result from this process,\nDESIRING to prevent such pollution and to minimize the risk of hazards to other vessels or interference with other legitimate uses of the sea which could arise from incineration operations at sea,\nRECOGNIZING present methods of incineration at sea as being an interim method of disposal of wastes pending the development of environmentally better solutions, considering at all times the best available technology,\nAFFIRMING that the intention of the adoption of mandatory provisions for the control of incineration at sea is not to increase the amounts and kinds of wastes or other matter incinerated at sea for which there are available practical alternative land-based methods of treatment, disposal or elimination,\nREAFFIRMING that, in accordance with Article IV(3) of the Convention, Contracting Parties can apply additional regulations for incineration at sea on a national basis,\nNOTING that Article VIII of the Convention encourages Contracting Parties, within the framework of regional conventions, to develop further agreements reflecting the conditions of the geographical area concerned,\nRECALLING the decision of the Second Consultative Meeting that provisions for the control of incineration at sea should be implemented by Contracting Parties on a mandatory basis in the form of a legal instrument adopted within the framework of the Convention (LDC II/11, Annex II),\nHAVING CONSIDERED the proposed amendments to the Annexes of the Convention for the control of incineration at sea contained in the Report of the Ad Hoc Group of Legal Experts on Dumping,\nADOPTS the following amendments to the Annexes to the Convention in accordance with Articles XIV(4)(a) and XV(2) thereof:\n\t(a)\taddition of a paragraph 10 to Annex I;\n\t(b)\taddition of a paragraph E to Annex II; and\n\t(c)\taddition of an Addendum to Annex I, containing Regulations for the Control of Incineration of Wastes and Other Matter at Sea,\nthe texts of which are set out in Attachment to this Resolution,\nENTRUSTS the Inter-Governmental Maritime Consultative Organization with the task of ensuring, in collaboration with the Governments of France, Spain, the Union of Soviet Socialist Republics and the United Kingdom, that the texts of the above amendments are drawn up by 1 December 1978 in all official languages of the Convention with the linguistic consistency in each text, which would then become the authentic text of the Annexes to the Convention in the English, French, Russian and Spanish languages,\nRESOLVES that for the purposes of Articles XIV(4)(a) and XV(2) of the Convention, 1 December 1978 shall be treated as the date of the adoption of the amendments,\nREQUESTS the Secretary-General of the Organization to inform Contracting Parties of the abovementioned amendments,\nREQUESTS the Ad Hoc Group on Incineration at Sea to prepare draft Technical Guidelines for the Control of Incineration of Wastes and Other Matter at Sea with a view to adoption by the Fourth Consultative Meeting,\nINVITES Contracting Parties to implement, as an interim measure, the existing Technical Guidelines (LDC II/11, Annex II, with amendments (IAS/9, Annex IV)) and the notification procedure set out in Annex to LDC III/12.\nAttachment\nAmendments to Annexes to the\nCONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER\nconcerning incineration at sea\nThe following paragraph shall be added to Annex I:\n\t10.\tParagraphs 1 and 5 of this Annex do not apply to the disposal of wastes or other matter referred to in these paragraphs by means of incineration at sea. Incineration of such wastes or other matter at sea requires a prior special permit. In the issue of special permits for incineration the Contracting Parties shall apply the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to this Annex (which shall constitute an integral part of this Annex) and take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties in consultation.\nThe following paragraph shall be added to Annex II:\n\tE.\tIn the issue of special permits for the incineration of substances and materials listed in this Annex, the Contracting Parties shall apply the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to Annex I and take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties in consultation, to the extent specified in these Regulations and Guidelines.\n\nADDENDUM\n(to Annex I)\nREGULATIONS FOR THE CONTROL OF INCINERATION OF WASTES AND OTHER MATTER AT SEA\nPART I\t\nREGULATION 1\nDefinitions\nFor the purposes of this Addendum:\n\t(1)\t\"Marine incineration facility\" means a vessel, platform, or other man-made structure operating for the purpose of incineration at sea.\n\t(2)\t\"Incineration at sea\" means the deliberate combustion of wastes or other matter on marine incineration facilities for the purpose of their thermal destruction. Activities incidental to the normal operation of vessels, platforms or other man-made structures are excluded from the scope of this definition.\nREGULATION 2\nApplication\n\t(1)\tPart II of these Regulations shall apply to the following wastes or other matter:\n\t(a)\tthose referred to in paragraph 1 of Annex I;\n\t(b)\tpesticides and their by-products not covered in Annex I.\n\t(2)\tContracting Parties shall first consider the practical availability of alternative land-based methods of treatment, disposal or elimination, or of treatment to render the wastes or other matter less harmful, before issuing a permit for incineration at sea in accordance with these Regulations. Incineration at sea shall in no way be interpreted as discouraging progress towards environmentally better solutions including the development of new techniques.\n\t(3)\tIncineration at sea of wastes or other matter referred to in paragraph 10 of Annex I and paragraph E of Annex II, other than those referred to in paragraph (1) of this Regulation, shall be controlled to the satisfaction of the Contracting Party issuing the special permit.\n\t(4)\tIncineration at sea of wastes or other matter not referred to in paragraphs (1) and (3) of this Regulation shall be subject to a general permit.\n\t(5)\tIn the issue of permits referred to in paragraphs (3) and (4) of this Regulation, the Contracting Parties shall take full account of all applicable provisions of these Regulations and the Technical Guidelines on the Control of Incineration of Waste and Other Matter at Sea for the waste in question.\nPART II\nREGULATION 3\nApproval and Surveys of the Incineration System\n\t(1)\tThe incineration system for every proposed marine incineration facility shall be subject to the surveys specified below. In accordance with Article VII(1) of the Convention, the Contracting Party which proposes to issue an incineration permit shall ensure that the surveys of the marine incineration facility to be used have been completed and the incineration system complies with the provisions of these Regulations. If the initial survey is carried out under the direction of a Contracting Party a special permit, which specifies the testing requirements, shall be issued by the Party. The results of each survey shall be recorded in a survey report.\n\t(a)\tAn initial survey shall be carried out in order to ensure that during the incineration of waste and other matter combustion and destruction efficiencies are in excess of 99.9 per cent.\n\t(b)\tAs a part of the initial survey the State under whose direction the survey is being carried out shall:\n\t(i)\tapprove the siting, type and manner of use of temperature measuring devices;\n\t(ii)\tapprove the gas sampling system including probe locations, analytical devices, and the manner of recording;\n\t(iii)\tensure that approved devices have been installed to automatically shut off the feed of waste to the incinerator if the temperature drops below approved minimum temperatures;\n\t(iv)\tensure that there are no means of disposing of wastes or other matter from the marine incineration facility except by means of the incinerator during normal operations;\n\t(v)\tapprove the devices by which feed rates of waste and fuel are controlled and recorded;\n\t(vi)\tconfirm the performance of the incineration system by testing under intensive stack monitoring, including the measurements of O2, CO, CO2, halogenated organic content, and total hydrocarbon content using wastes typical of those expected to be incinerated.\n\t(c)\tThe incineration system shall be surveyed at least every two years to ensure that the incinerator continues to comply with these Regulations. The scope of the biennial survey shall be based upon an evaluation of operating data and maintenance records for the previous two years.\n\t(2)\tFollowing the satisfactory completion of a survey, a form of approval shall be issued by a Contracting Party if the incineration system is found to be in compliance with these Regulations. A copy of the survey report shall be attached to the form of approval. A form of approval issued by a Contracting Party shall be recognized by other Contracting Parties unless there are clear grounds for believing that the incineration system is not in compliance with these Regulations. A copy of each form of approval and survey report shall be submitted to the Organization.\n\t(3)\tAfter any survey has been completed, no significant changes which could affect the performance of the incineration system shall be made without approval of the Contracting Party which has issued the form of approval.\nREGULATION 4\nWastes Requiring Special Studies\n\t(1)\tWhere a Contracting Party has doubts as to the thermal destructibility of the wastes or other matter proposed for incineration, pilot scale tests shall be undertaken.\n\t(2)\tWhere a Contracting Party proposes to permit incineration of wastes or other matter over which doubts as to the efficiency of combustion exist, the incineration system shall be subject to the same intensive stack monitoring as required for the initial incineration system survey. Consideration shall be given to the sampling of particulates, taking into account the solid content of the wastes.\n\t(3)\tThe minimum approved flame temperature shall be that specified in Regulation 5 unless the results of tests of the marine incineration facility demonstrate that the required combustion and destruction efficiency can be achieved at a lower temperature.\n\t(4)\tThe results of special studies referred to in paragraphs (1), (2) and (3) of this Regulation shall be recorded and attached to the survey report. A copy shall be sent to the Organization.\nREGULATION 5\nOperational Requirements\n\t(1)\tThe operation of the incineration system shall be controlled so as to ensure that the incineration of wastes or other matter does not take place at a flame temperature less than 1250 degrees centigrade, except as provided for in Regulation 4.\n\t(2)\tThe combustion efficiency shall be at least 99.95 ± 0.05% based on:\n\nwhere\nCco2 = concentration of carbon dioxide in the combustion gases\nCco = concentration of carbon monoxide in the combustion gases.\n\t(3)\tThere shall be no black smoke nor flame extension above the plane of the stack.\n\t(4)\tThe marine incineration facility shall reply promptly to radio calls at all times during the incineration.\nREGULATION 6\nRecording Devices and Records\n\t(1)\tMarine incineration facilities shall utilize recording devices or methods as approved under Regulation 3. As a minimum, the following data shall be recorded during each incineration operation and retained for inspection by the Contracting Party who has issued the permit:\n\t(a)\tcontinuous temperature measurements by approved temperature measuring devices;\n\t(b)\tdate and time during incineration and record of waste being incinerated;\n\t(c)\tvessel position by appropriate navigational means;\n\t(d)\tfeed rates of waste and fuel—for liquid wastes and fuel the flow rate shall be continuously recorded: the latter requirement does not apply to vessels operating on or before 1 January 1979;\n\t(e)\tCO and CO2 concentration in combustion gases;\n\t(f)\tvessel's course and speed.\n\t(2)\tApproval forms issued, copies of survey reports prepared in accordance with Regulation 3 and copies of incineration permits issued for the wastes or other matter to be incinerated on the facility by a Contracting Party shall be kept at the marine incineration facility.\nREGULATION 7\nControl over the Nature of Wastes Incinerated\nA permit application for the incineration of wastes or other matter at sea shall include information on the characteristics of wastes or other matter sufficient to comply with the requirements of Regulation 9.\nREGULATION 8\nIncineration Sites\n\t(1)\tProvisions to be considered in establishing criteria governing the selection of incineration sites shall include, in addition to those listed in Annex III to the Convention, the following:\n\t(a)\tthe atmospheric dispersal characteristics of the area—including wind speed and direction, atmospheric stability, frequency of inversions and fog, precipitation types and amounts, humidity—in order to determine the potential impact on the surrounding environment of pollutants released from the marine incineration facility, giving particular attention to the possibility of atmospheric transport of pollutants to coastal areas;\n\t(b)\toceanic dispersal characteristics of the area in order to evaluate the potential impact of plume interaction with the water surface;\n\t(c)\tavailability of navigational aids.\n\t(2)\tThe coordinates of permanently designated incineration zones shall be widely disseminated and communicated to the Organisation.\nREGULATION 9\nNotification\nContracting Parties shall comply with notification procedures adopted by the Parties in consultation.\nSchedule 3—Resolution adopted on 24 September 1980\nTHE FIFTH CONSULTATIVE MEETING,\nRECALLING Article I of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, which provides that Contracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment,\nNOTING that in accordance with Article XV of the Convention amendments to the Annexes of the Convention shall be based on scientific or technical considerations,\nHAVING CONSIDERED the proposed amendments to the Annexes I and II of the Convention and the scientific background material thereto brought forward by the Ad Hoc Scientific Working Group on Dumping,\nRECALLING the decision of the Fourth Consultative Meeting that the amendments to the Annexes I and II to the Convention should be implemented by Contracting Parties on a voluntary basis until their formal adoption,\nADOPTS the following amendments to the Annexes to the Convention in accordance with Article XV(2) thereof:\n\t(a)\tthe amendment of paragraph 5 to Annex I;\n\t(b)\tthe addition of a paragraph F to Annex II,\nthe texts of which are set out in Attachment to this Resolution,\nENTRUSTS the Inter-Governmental Maritime Consultative Organization with the task of ensuring, in collaboration with the Governments of France, Spain, the Union of Soviet Socialist Republics and the United Kingdom, that the texts of the above amendments are drawn up by 1 December 1980 in all official languages of the Convention with the linguistic consistency in each text, which would then become the authentic text of the Annexes to the Convention in the English, French, Russian and Spanish languages,\nRESOLVES that for the purposes of Articles XIV(4)(a) and XV(2) of the Convention, 1 December 1980 shall be treated as the date of the adoption of the amendments,\nREQUESTS the Secretary-General of the Organization to inform Contracting Parties of the abovementioned amendments.\nAttachment\nAMENDMENTS TO ANNEXES TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER\nParagraph 5 of Annex I shall be amended as follows:\n\"5 Crude oil and its wastes, refined petroleum products, petroleum distillate residues, and any mixtures containing any of these, taken on board for the purposes of dumping.\"\nThe following paragraph shall be added to Annex II:\n\"F Substances which, though of a non-toxic nature, may become harmful due to the quantities in which they are dumped, or which are liable to seriously reduce amenities.\"\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1984\n59\nEnvironment Protection (Sea Dumping) Act 1984\n31.5.1984\nuncommenced\n1991\n61\nEnvironment Protection (Sea Dumping) (Coastal Waters and Radioactive Material) Amendment Act 1991\n28.11.1991\nuncommenced\n1993\n74\nEnvironment Protection (Sea Dumping) (Consistency with Commonwealth Act) Amendment Act 1993\n21.10.1993\n21.10.1995 (s 7(5) Acts Interpretation Act 1915)\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 15 (ss 78 to 80)—22.2.2018 (Gazette 30.1.2018 p524)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended by 61/1991 s 3(a), (b)\nuncommenced—not incorporated\nPt 1\n\n\ns 3\n\n\ns 3(1)\n\n\ncoastal waters\nsubstituted by 61/1991 s 4(a)\nuncommenced—not incorporated\nradioactive material\ninserted by 61/1991 s 4(b)\nuncommenced—not incorporated\ns 3(3)\ninserted by 61/1991 s 4(c)\nuncommenced—not incorporated\nPt 2\n\n\ns 6\namended by 61/1991 s 5\nuncommenced—not incorporated\ns 6A\ninserted by 61/1991 s 6\nuncommenced—not incorporated\ns 8\n\n\ns 8(2)\n\n\nprescribed matter\namended by 61/1991 s 7\nuncommenced—not incorporated\ns 8A\ninserted by 61/1991 s 8\nuncommenced—not incorporated\ns 9\namended by 61/1991 s 9\nuncommenced—not incorporated\ns 10\n\n\ns 10(1)\ns 10 amended and redesignated as s 10(1) by 61/1991 s 10(a)—(h)\nuncommenced—not incorporated\ns 10(2)\ninserted by 61/1991 s 10(h)\nuncommenced—not incorporated\ns 11\n\n\ns 11(2)\namended by 61/1991 s 11(a)\nuncommenced—not incorporated\ns 11(4)\namended by 61/1991 s 11(b)\nuncommenced—not incorporated\ns 11(5)\namended by 61/1991 s 11(c)\nuncommenced—not incorporated\ns 11(6)\namended by 61/1991 s 11(d)—(k)\nuncommenced—not incorporated\ns 11A\ninserted by 61/1991 s 12\nuncommenced—not incorporated\ns 13\n\n\ns 13(1)\namended by 61/1991 s 13(a)\nuncommenced—not incorporated\ns 13(3)\namended by 61/1991 s 13(b)\nuncommenced—not incorporated\ns 13(5)\namended by 61/1991 s 13(c)—(e)\nuncommenced—not incorporated\nPt 3\n\n\ns 15\n\n\ns 15(5)\namended by 61/1991 s 14(a)\nuncommenced—not incorporated\ns 15(10)\ninserted by 61/1991 s 14(b)\nuncommenced—not incorporated\ns 16\n\n\ns 16(3)\namended by 51/2017 s 78\n22.2.2018\ns 17\n\n\ns 17(1)\ns 17 redesignated as s 17(1) by 74/1993 s 3\n21.10.1995\ns 17(2)\ninserted by 74/1993 s 3\n21.10.1995\ns 18\ndeleted by 61/1991 s 15\nuncommenced—not incorporated\ns 19A\ninserted by 74/1993 s 4\n21.10.1995\nPt 4\n\n\ns 21\n\n\ns 21(4)\namended by 61/1991 s 16\nuncommenced—not incorporated\ns 22\n\n\ns 22(6)\namended by 61/1991 s 17\nuncommenced—not incorporated\nPt 5\n\n\ns 27\nsubstituted by 51/2017 s 79\n22.2.2018\ns 30\n\n\ns 30(1)\namended by 61/1991 s 18(a), (b)\nuncommenced—not incorporated\ns 30(2)\namended by 61/1991 s 18(c), (d)\nuncommenced—not incorporated\ns 31\namended by 61/1991 s 19(a), (b)\nuncommenced—not incorporated\ns 32\nsubstituted by 74/1993 s 5\n21.10.1995\ns 34\n\n\ns 34(2)\nsubstituted by 74/1993 s 6\n21.10.1995\ns 37\n\n\ns 37(2)\namended by 74/1993 s 7\n21.10.1995\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 15\n80—Transitional provisions\n\t(1)\tA right of appeal under section 27 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Supreme Court.\n\t(2)\tNothing in this section affects any proceedings before the Supreme Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Environment Protection (Sea Dumping) Act 1984;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n21.10.1995\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements the Convention on marine dumping and largely mirrors its scope and categories (Schedule 1). It preserves Convention exclusions (e.g. seabed mineral exploration) and exempts defence vessels (s 4). The main practical additions are procedural details (permit conditions, research/monitoring agreements) and enforcement mechanisms (inspector powers, liability recovery). Uncommenced amendments listed in the legislative history create potential uncertainty but do not, in the text supplied, show a deliberate widening of scope."},"complexity_factors":["Cross-references to the international Convention and multiple Annexes with technical criteria (s 3(1); Schedule 1; s 15(5)–(7))","Wide Ministerial discretion over permit grants, conditions, suspension and revocation (ss 14–17, 19)","Procedural and financial requirements for applicants, including mandatory research/monitoring agreements and security for State costs (s 14(5)–(6); s 15(8))","Detailed technical and operational standards for incineration and survey regimes embedded from resolutions and addenda (Schedule 2 Addendum, Regulations 3–6)","Multiple offence categories and graduated penalties tied to Annex classifications (ss 10, 11(6))","Broad inspector powers to board, search, seize, sample and arrest, plus warrant and detention rules (ss 20–25, 22(4), 23)","Liability and recovery mechanisms creating a charge on vessels and potential detention until security is provided (s 13(1)–(4))","Review, injunction and delegation routes that create parallel administrative and judicial processes (ss 27–29, 28)","Interaction with Commonwealth law and a number of amendments noted as uncommenced, creating legal and practical uncertainty (s 3; s 37(3); Legislative history)"],"plain_english_summary":"This Act creates a permit-based system controlling dumping and incineration at sea within the State’s coastal waters. It criminalises unauthorised dumping and incineration, gives the Minister power to grant, condition, suspend or revoke permits, and empowers inspectors to board, sample and enforce.\n\nIt applies to vessel/platform owners, persons in charge, waste owners and permit applicants, who may pay fees, enter research or monitoring agreements and be liable for state remediation costs (ss 6, 13, 14–15, 20–24)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating sea dumping and incineration to protect the marine environment. While there have been amendments (particularly the 1991, 1993 and 2017 amending Acts), these have generally updated machinery provisions (such as transferring appeals to SACAT in 2017) or aligned definitions with Commonwealth law rather than expanding the substantive scope beyond sea dumping regulation. The 1991 amendments regarding radioactive materials and coastal waters definitions were clarifying rather than expanding scope. The Act has not grown to regulate land-based pollution or other environmental matters."},"complexity_factors":["Extensive cross-referencing to international treaty documents (Schedules 1–3 containing the London Convention and amendments) which are incorporated by reference throughout the Act","Nested conditional logic in permit provisions – section 15 contains multiple subsections (4)–(8) with cascading conditions for different waste categories (Annex I vs Annex II vs other matter)","Dual liability structure – offences apply to multiple parties simultaneously (owner, person in charge, waste owner) with varying penalties based on corporate vs individual status and waste toxicity","Complex enforcement provisions including vessel detention, maritime liens (charge on vessel), and cost recovery mechanisms in sections 12–13","Multiple overlapping defences and exceptions – section 9 provides emergency defences, section 4 exempts defence forces and seabed mining, section 18(5) excludes certain radioactive materials from regulation","Tiered penalty structure in section 10 with four distinct penalty levels based on Convention annex classifications","Radioactive waste provisions (section 18) impose additional procedural requirements including escorting officers with specific powers and duties","Inspector powers spread across six sections (20–26) with varying conditions (consent vs warrant, arrest powers, immunity provisions)","Transitional provisions and uncommenced amendments create a fragmented legislative history with some 1991 amendments still not in force"],"plain_english_summary":"**What this law does:**\n\nThis Act is South Australia's way of implementing an international treaty (the \"London Convention\") to stop people from using the ocean as a rubbish dump. It makes it illegal to dump waste or burn rubbish at sea off the South Australian coast without a special permit from the Minister.\n\n**Who it affects:**\n\n- **Ship owners and operators** – if waste is dumped from a vessel, both the owner and the captain (\"person in charge\") can be prosecuted\n- **Waste owners** – the person who owns the rubbish being dumped is also liable\n- **Platform operators** – anyone running an offshore structure like an oil rig\n- **Aircraft operators** – planes dumping waste or involved in incineration\n- **The Minister** – who decides whether to grant permits and can appoint inspectors\n\n**Key rules:**\n\n- **No dumping without a permit** – Dumping waste, old ships, or aircraft into coastal waters is banned unless you have permission (sections 6–7)\n- **No loading for illegal dumping** – It's also an offence to load waste onto a vessel or aircraft in SA waters if you intend to dump it illegally (section 8)\n- **Incineration at sea is heavily restricted** – Burning waste at sea is banned for certain toxic substances and requires permits for others (section 11)\n- **Emergency defence** – You can avoid conviction if you prove the dumping was necessary to save lives or vessels during an emergency (like a storm), provided you minimised harm and reported it promptly (section 9)\n\n**Permit system:**\n\n- The Minister can grant \"general\" or \"special\" permits, but **cannot** grant permits for the most dangerous substances listed in **Annex I** of the Convention (like mercury, radioactive waste, or chemical weapons) except in genuine emergencies threatening human health (section 15)\n- For less dangerous substances (**Annex II**), special permits may be granted with strict conditions\n- Permit holders must comply with all conditions or face fines (section 31)\n\n**Enforcement:**\n\n- **Inspectors** (including police) can board vessels, search premises with a warrant, take samples, arrest suspects, and detain vessels until fines are paid (sections 20–26)\n- **Heavy penalties** – Fines range from $10,000 to $100,000 depending on the toxicity of the waste and whether the offender is a company or individual (section 10)\n- **No time limit** – Prosecutions can be brought at any time, even years after the offence (section 32)\n- **Cost recovery** – If the State has to clean up illegal dumping, the offender must pay those costs, and the debt becomes a charge on the vessel (sections 12–13)\n\n**Why it matters:**\n\nThis law protects South Australia's marine environment from becoming a toxic dumping ground. It ensures Australia meets its international obligations under the London Convention while giving the State power to investigate, prosecute, and recover costs from polluters. The inclusion of the full Convention text in the schedules means SA law automatically incorporates international standards for what can and cannot be dumped."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission contains only a 'Page Not Found' error from the South Australian legislation website. A fresh, valid source of the Act's text would be required to determine whether its scope has changed from original intent."},"complexity_factors":["No legislative content was returned — only a website error page was provided","Impossible to assess legal complexity without the actual text of the Act","Ambiguity exists as to whether this is a state or federal instrument, as both exist under similar names","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The requested Environment Protection (Sea Dumping) Act 1984 page is unavailable — the submission contained a “Page Not Found” error, so no text of the law was provided. Based on the title, the instrument appears aimed at regulating dumping into the sea to protect the marine environment and would affect those who generate, transport, or manage sea-disposed materials.\n\nTo read the law, search the South Australian legislation site or the federal legislation database (if the federal Act was intended), or report the broken link to OPCWeb@sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-sea-dumping-act-1984","history":"/api/acts/environment-protection-sea-dumping-act-1984/history","analysis":"/api/acts/environment-protection-sea-dumping-act-1984/analysis","conflicts":"/api/acts/environment-protection-sea-dumping-act-1984/conflicts","importantCases":"/api/acts/environment-protection-sea-dumping-act-1984/important-cases","documents":"/api/acts/environment-protection-sea-dumping-act-1984/documents"}}