TO WHAT EXTENT MALAYSIA IS ABLE TO PROTECT ITS WATER FROM POLLUTION BY SHIPS

Introduction
The protection of marine environment has become one of the most ecological issues of modern times. The sources of human-induced marine pollution are numerous, including shipping pollution.

MALAYSIA SCENARIO : GENERAL PERSPECTIVE

Malaysia in a way is a rapidly developing nation with extensive coastlines. As the country develops the pressure on the marine environment increases. The natural resources in the marine environment are very sensitive to pollution. Certain economic activities, for example the tourism industries, require a relative unpolluted environment. Therefore, there is a need for a master plan for the control of marine pollution. The purpose of development is to improve the quality of life. This cannot be achieved without guarding against unnecessary and careless destruction of the environment.

WHAT IS POLLUTION BY SHIPS?

Definition of ship

any sea-going vessel and sea-borne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil & other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is provided that it has no residues of such carriage of oil in bulk aboard 1984 Protocol of the International Convention on Civil Liability for Oil Pollution Damage (CLC)

Marine pollution can be defined as the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects harm to living resources and marine life, hazards to human health, hindrance of quality for use of sea water and reduction of amenities.
Article 1 (1)(4)of LOSC

TYPES OF POLLUTION BY SHIPS

Oil Spill from Vessels

Msia: Due to the increasing volume of vessels plying the Straits, the Straits have a potential threat for a catastrophic oil spill mainly from accidental spillage or operational discharges from passing tankers and other ships and also as a result of the ships colliding and running. 888 accidents have occurred in the Straits of Malacca and Singapore between the year of 1973 and 2003. One of the major accident occurred in the Straits of Malacca involved the Nagasaki Spirit v MV Ocean Blessing spilling an estimate 13,000 tonnes of oil.

Illegal Dumping from Ships

FACTORS CONTRIBUTING TO PBS

Physical conditions Density of Traffic and Coastal activities

International Laws regarding PBS

UNCLOS III, Article 43 provides: User states and states bordering a strait should by agreement cooperate: (a) In the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and (b) for the prevention, reduction and control of pollution from ships

International Laws regarding PBS II

International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL 73/78) The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters (London Convention 1972) and its Protocol of 1996 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 (Intervention Convention) International Convention on Oil Pollution Preparedness, Response and Co-Operation 1990 (OPRC) International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC) International Convention for Establishment of an International Fund for Compensation for Oil Pollution Damage 1971. (Fund Convention)

International Laws regarding PBS III

International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (HNS) International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (BUNKERS Convention) Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material 1971 (NUCLEAR)

Regional Treaties

Tripartite Technical Experts Group (TTEG) for a safe and efficient traffic separation scheme in the Straits of Malacca; ASEAN Oil Spill Response Action Plan to establish an oil spill contingency plan for ASEAN countries; ASEAN Strategic Plan of Action on the Environment

MSIA LAWS IN REGULATING PBS

The Environmental Quality Act 1974 a) S.2 Interpretation

ship includes every description of craft or floating structure pollutants pollution

Msia waters
b)S.27 c)S.29 d)S.46

cont

Merchant Shipping Ordinance 1952

S.5A: provision on PBS. The Ordinance applies to: A)ships registered in Msia B)vessels licensed under the ordinance or under the Merchqnt Shipping Ordinance 1960 of Sabah and Sarawak: C)Ships not registered in Malaysia but is Malaysian waters Interpretation part of the MSO 1952 Malaysian Water The territorial waters of Malaysia, the Malaysian coast, including coastal waters of any islands that make up Malaysia, and internal coastal water,tidal waters of Malaysia; Vessels Any types of ships Section 306D Section 306F

Merchant Shipping (Oil Pollution) Act 1994 (as amended in 2005)

Provides for civil liability of the merchant ships that caused oil pollutions. General principle of this act is that for any incidents that release or discharge of oil from the ship; The ship owner is liable for the pollution damage in the coastal waters of Malaysia. Section 11 MSA, states that the owner of the cargo ships more than 2000 tons oil is required to obtain liability insurance for pollution; Part III,MSA in 1994 refer to the International Oil Pollution Compensation Fund that allows a person suffering damage to claim compensation from the fund, if claims made on the ship owner is sufficient.

Exclusive Economic Zone Act 1984

Apply to EEZ and continental shelf in Malaysia; Section 3 deal with the interpretation that EEZ is the sea area adjacent to the boundary of territorial water of Malaysia; The Director general of Environmental Quality will administer this act; If commit to the offence , shall be imposed a fine of RM 1 million; Section 10 provide, if the oil contain mixture of oil or pollutants released into the EEZ from the ship, land, installation, aircraft, air or from the ships wasteSection14 EEZ, provide that if the coast of Malaysia or any other elements such as the environment or the interests of fisheries in EEZ has been polluted due to discharge as in section 10, the director may caused to be remove , destroyed or reduced the pollutant Section 36 (a)EEZ, a sessions class magistrate court has jurisdiction in class 1

Malaysian Maritime Enforcement Agency Act 2004

As the principle government agency to preserved of the peace, safety and the security in the Malaysian Maritime Zone; MMZ can be define as the internal water, territorial sea, continental shelf, EEZ and the Malaysian fisheries water and includes the air space over the zone; MMEA is rensponsible for controlling and preventing maritime pollution on the high sea.

CONCLUSION