Marine Pollution Bill Passed

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Minister for Transport, Mr. Fifi Kwetey & Rev. Dr. Peter Issaka Azuma

Director General of Ghana Maritime Authority (GMA), Rev. Dr. Peter Issaka Azuma has expressed joy at the recent passage by parliament, of the Marine Pollution Bill which according to him had lingered on for close to a decade and a half.

Rev. Dr. Azuma was particularly grateful to the Minister for Transport, Mr. Fifi Kwetey for the active role he played and the enthusiasm he displayed, culminating in the eventual passage Bill.

Dr. Azuma who was speaking in an interview with the M&TD shortly after the passage of the Bill noted ‘’As a matter of fact I am much impressed for the one month he has been in office. There is this marine pollution bill which has been on the table for over fifteen years, and when I was outside the country on a very important assignment, within one month I was told from outside that he has gotten the bill through” he said

He further expressed his unwavering confidence in the minister’s ability to get things done within the industry to propel it forward, saying “I have the confidence that he will get things to move as fast as possible”.

According to the Director General, the bill will see to it that the marine international community can intervene when there is any spillage. He also revealed that the cost of pollution or spillage will be borne by the culprit.

“If you don’t have a pollution bill and there is a major spill of oil in our waters, the international maritime community cannot help us bear the cost. So having the bill is very important because there are a lot of preventive measures, if someone drops oil on your waters, you can sanction them to pay, the polluters pay. If it gets to the level where they cannot pay because of liability provisions, then the maritime community can intervene” he said.

The Maritime Pollution Bill

The marine pollution act, 2011 which has been referred to the parliamentary committee on mines and energy, seeks to repeal the oil in navigable waters act of 1996, act 235 that had been obsolete and inadequate to provide the appropriate regulatory framework required.

The act has 238 clauses arranged under five chapters dealing with the application and responsibilities of the maritime authorities, international oil pollution compensation fund, and liability for oil production, enforcement among others.

A memorandum accompanying the bill, said that considering the huge economic impact of the sea to Ghana particularly to the livelihood of its fishermen and other persons who live along the coast and to tourism, there was the need for the country to ensure the protection of its marine as well as resources therein.

Ghana for the sake of her economic well-being could not help but do all it can to safeguard its marine environment from the various sources of pollution.

The passage of the bill would create the enabling and appropriate structures to be established and safeguard the nation’s marine environment.

The convention which have been ratified by Ghana is the international convention for the prevention of marine pollution from ships, 1973 as modified by the protocol of 1978 relating to it (MARPOL) 73/78 (annexes 1-1v), the 1996 protocol to the convention on the prevention of marine pollution by dumping of wastes and other matter (London dumping convention, 1971)

Vessels within the scope of the bill must carry on board valid international certificates that may be accepted at foreign ports as prima facie evidence that the ship complies with the requirements of the convention.

Threats like washing of chemicals from the hold of the ships into the sea also existed explaining further that the ships that ply the sea also provide a constant threat of oil.

The convention could only be meaningful if they were incorporated in the country’s domestic laws.

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