COMITE INTERNATIONAL MARITIME FAIR TREATMENT OF SEAFARERS SUMMARY OF RESPONSES OF CMI MEMBERS TO THE QUESTIONNAIRE ( 20 June 2005) Prepared by David Hebden CMI © 2006 Caution: The Summary brings together the replies of CMI member organisations to the above questionnaire; it is not to be used as an authoritative guide to the relevant Law and Practice in any particular State. If you need specific advice for a particular problem you should always consult a duly qualified Lawyer knowledgeable in maritime law and practicing in the Country concerned. David Hebden ([email protected]) Question 1: Who has responsibility for administering and enforcing maritime safety and marine pollution prevention and control in the waters under the jurisdiction of your State? Argentina The Coast Guard. (Prefectura Naval Argentina) Australia Australia has a federal system of government under which responsibilities are shared between the Federal and State governments. In respect of maritime safety, ships on overseas voyages (which are the ships relevant to this questionnaire) are the responsibility of the Federal Government, specifically the Australian Maritime Safety Authority (AMSA) for general safety administration and the Australian Transport Safety Bureau (ATSB) for casualty investigation. In respect of marine pollution, the State/Territory governments have responsibility within ports and the territorial sea, while the Federal Government has responsibility beyond the territorial sea. For marine pollution prevention (i.e. application and enforcement of MARPOL 73/78), the relevant agencies are: 1 Federal AMSA Queensland Maritime Safety Queensland New South Wales New South Wales Maritime Victoria Environment Protection Agency Tasmania Department of Primary Industries, Water and Environment South Australia Department for Environment and Heritage Western Australia Department for Planning and Infrastructure Northern Territory Department of Infrastructure, Planning and Environment For marine pollution control (i.e. responding to incidents), the relevant agencies are: Federal AMSA Queensland Maritime Safety Queensland New South Wales New South Wales Maritime Victoria Marine Safety Victoria Tasmania Department of Primary Industries, Water and Environment South Australia Department of Transport and Urban Planning Western Australia Department for Planning and Infrastructure Northern Territory Department of Infrastructure, Planning and Environment Bulgaria According to the Commercial Shipping Code (C S C) (published in the State gazette, 55 of 14.07. 1970, recently amended in State gazette 55 of 25.06. 2004 ) the authorized body responsible to the control of maritime safety and marine pollution prevention is the Executive Agency “Marine Administration” at the Minister of transport and communications. This Agency is a legal entity on budget and own resources, a secondary authorizing officer with budget credits. The headquarter of the Executive Agency “Marine Administration” is Sofia and this authorized body has territorial sections in Burgas, Varna, Russe and Lom. The Executive Agency “Marine Administration” exercise : 1. A State control on Bulgarian flag vessels, related to observance of legally established administrative, technical and social requirements; 2. A State control in the ports on the foreign-flag vessels from the moment of their entry until their departure from Bulgarian ports. This State control consists of international safety standards observance, prevention of pollution and occupational safety and health on board of vessels, entering to Bulgarian ports. In a period of a calendar year the Executive Agency “Marine Administration” accomplishes a number of examinations, covered minimum of 25 percent of vessels, entering to Bulgarian ports; 2 3. A state control on the safety shipping in maritime territories and Bulgarian length of Danube river. The Minister of transport and communications determines by ordinances the legal requirements related to the safety of various types of vessels, their construction and shipping equipment. Part II of Commercial Shipping Code (CSC) consists of special legal requirements dedicated on shipping safety. According to art.72 of CSC there is no possible to put into service a vessel without an authorized statement of Executive Agency “Marine administration” that this vessel is build, get ready and it’s crew has the qualification needed according to the safety of shipping requirements. The ship-owner has to cooperate with the official authorities and to enterprise the measures needed concerning the vessels and it’s crew safety, the prevention of marine pollution from vessels and the keeping and restoration of fish resources. The ships and other vessels, shipping in the internal waters, territorial sea and adjacent waters of Republic of Bulgaria, must to have equipment of radio-communication methods approved by Executive Agency “Marine administration”. This approval has to be done in accordance with the requirements of registration, equipment, installations of radio-communication established by Telecommunications. According to art.73 of CSC the Executive Agency “Marine administration” accomplishes vessels and ship-owners examinations related to safety of shipping requirements and prevention of marine pollution requirements. As a result of these examinations the Executive Agency “Marine administration” issues authorizations. The examinations above mentioned could be accomplished by other organizations authorized by Executive Agency “Marine administration” and approved by the Minister of transport and communications issues an ordinance related to the conditions and procedure of examinations. The determination of Bulgarian vessels class, the technical control on their construction and exploitation have to be accomplished by Bulgarian legal entities, named classification organization, or by foreign organizations receiving governmental approval by Executive Agency “Marine administration” and Minister of transport and communications. After the examinations of vessels overall state, accomplished by Executive Agency “Marine administration”or other authorised organisations. The Executive Agency “Marine administration” issues a special safety certificates, in the case that the requirements have been observed. Brazil Maritime Authority has responsibility for administering, enforcing maritime safety, marine pollution prevention and control in waters under of Brazilian State. According to Brazilian law, the Maritime Authority is represented by the Director of Coasts and Ports (Diretor de Portos e Costas). Canada The Canadian Department of Transport has principal responsibility for administering and enforcing maritime safety in Canada. With respect to marine pollution prevention and control in Canadian waters, responsibility is held principally by the Canadian Department of Transport, the Canadian Department of Fisheries and Oceans and the Canadian Department of the Environment. The principal statutes governing the role of federal regulators in maritime safety and pollution prevention and control are the Canada Shipping Act (which will be replaced by the Canada Shipping Act 2001, not yet in force), the Fisheries Act, the Canadian Environmental Protection Act, 1999, and the Migratory Birds Convention Act. The latter two statutes may shortly be amended by a bill currently before Parliament (Bill C-15), which would expand the jurisdiction and powers of the Canadian Department of the Environment. Chile The Maritime Authority, through the General Direction of the Marine Territory and Merchant Shipping (Dirección General del Territorio Marítimo y de Marina Mercante). China According to the provisions of article 3 of Maritime Traffic Safety Law of the People’s Republic of China (MTSL) and article 2 of Regulations of the 3 People’s Republic of China on the Investigation and Handling of Maritime Traffic Accidents (RIHMTA), the harbor superintendence agencies of the People’s Republic of China have responsibility for administering and enforcing maritime safety and marine pollution prevention and control in the waters under the jurisdiction of China. According to article 48 of MTSL and article 3, section 2 of RIHMTA, if the accidents happen within the waters of fishing harbors, the state fisheries administration and fishing harbor superintendence agencies shall have responsibility for administering and enforcing maritime safety and marine pollution prevention and control. According to article 49 of MTSL and article 3, section 2 of RIHMTA, the internal administration of offshore military jurisdictional areas and military vessels and installations, the administration of surface and underwater operations carried out for military purposes, and the inspection and registration of public security vessels, the provision of their personnel and the issuing of their port entry and departure visas shall be separately prescribed by the relevant competent departments of the state in accordance with this law. Croatia Maritime Safety and Marine Environment Protection Directorate of the Ministry of the Sea, Tourism, Transport and Development is responsible for enforcing maritime safety and prevention of marine environment pollution from ships. Denmark In Denmark, maritime safety and marine pollution prevention and control are generally governed by two acts of parliament, i.e. the Safety at Sea Act of 1998 is amended (referred to as the "SSA") and in the Maritime Environment Act of 1993 as amended (referred to as the "MEA"). The SSA is contains