Debate on the
SHIPPING LAWS AMENDMENT BILL [B38-98]
by the Minister of Transport MAC MAHARAJ
Parliament
4 August 1998
[Introduction]
Madam Speaker, the Shipping Laws Amendment Bill proposes amendments to the Merchant Shipping Act of 1951 and the Marine Pollution (Prevention of Pollution from Ships) Act of 1986.
The amendments are technical and uncontentious, and are primarily intended to implement recent amendments to two shipping-related conventions: the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 ("the STCW Convention"), and the Protocol of 1978 to the International Convention for the Prevention of Pollution from Ships 1973 ("the MARPOL Convention")
[Merchant Shipping Act Amendments]
The amendments to the Merchant Shipping Act are set out in clauses 1 to 31 of the Bill and deal mainly with the implementation of the 1995 Amendments to the STCW Convention.
South Africa has been a party to the principal Convention since 1984 and has implemented its provisions in the Merchant Shipping Act and the regulations under that Act.
In adopting the 1995 Amendments the international community sought to address the human factor in the shipping environment.
And, in particular, the existing Convention's failure to ensure an adequate level of competency among international seafarers.
While over recent year ships have become safer and cleaner, the competency of crews has been neglected. This fact was brought home to members of the Convention through a number of shipping casualties overseas.
Thus, the 1995 Amendments brought a total revision of the standards and requirements of the principal Convention, adopting in their place a more effective international minimum standards regime for seafarers.
The scope of the 1995 Amendments has entailed a similarly wide-ranging revision of the Convention's domestic implementation.
This revision was undertaken by a committee appointed and funded by the Department of Transport and comprising representatives from government, organised labour, the shipping industry and the training institutions.
The committee completed its work within 18 months; producing the amendments to the Merchant Shipping Act contained in this Bill, new manning regulations and training and certification regulations, and the new Code of South African Maritime Qualifications.
These new measures will ensure that South Africa faithfully meets its obligations under the STCW Convention.
[Marine Pollution Act Amendments]
The amendments to the Marine Pollution (Prevention of Pollution from Ships) Act are set out in clause 32 and the Schedule to the Bill.
They give effect to two sets of amendments to the MARPOL Convention adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation by resolutions MEPC.65(37) and 68(38).
The amendments adopted by resolution MEPC.65(37) amend Annex V to the Convention by introducing requirements in respect of placarding, garbage management and garbage record-keeping in certain ships.
The amendments adopted by resolution MEPC.68(38) amend Protocol I to the Convention by revising the circumstances in which ships have to make reports under that Protocol.
The reports are used to monitor compliance with the requirements of the Convention and for the purposes of pollution response.
These amendments will ensure that South Africa faithfully meets its obligations under the MARPOL Convention.
Thank you, Madam Speaker.