GOING GREEN: NPAS LEGAL & REGULATORY FRAMEWORK PRESENTATION BY: - - PowerPoint PPT Presentation

GOING ‘GREEN’: NPA’S LEGAL & REGULATORY FRAMEWORK

PRESENTATION BY: JEFFREY GEORGE, DEPUTY MANAGING DIRECTOR/LEGAL - NPA

INTRODUCTION

“Going Green” means practicing an environmentally friendly and ecologically responsible lifestyle as well as making decisions to help protect the environment and sustain natural resources. There are many reasons why we should consider going green:

• too much trash
• air and water pollution, etc.

INTRODUCTION (contd.)

For ports, the need for adopting environmentally friendly and ecologically responsible practices has become reinforced with the increasing focus globally

• n negative impacts of port activities. In playing their role as gateways to

economies through the facilitation of international trade of goods and services, ports also contribute to environmental pollution with impacts on water, air and land. The impacts are mostly permanent and of global concern. Ports are therefore now not only required to meet the needs of their stakeholders for efficient services and facilities but also balance their commercial goals with environmental considerations.

INTRODUCTION (contd.)

NPA likewise, cannot ignore its environmental responsibilities particularly as it now seeks to become a premier port in the West African sub-region. Failure to take account of impacts from its development and operational activities could lead to increased profits but this could be outweighed by losses from social tensions and environmental damage. The paradox here is that those who will suffer from the environmental and societal damage due to port activities will be different from those who will benefit from increased profits that will accrue. The NPA therefore in responding to its corporate social responsibility is obliged to ensure that practices in its ports are environmentally friendly and ecologically responsible.

INTRODUCTION (contd.)

To enable the NPA effectively control port activities that may or may

not have adverse impacts on the environment, it established a legal and regulatory framework referred to as the Port Regulation, which is applicable to all port activities. The regulation addresses the issues of: – pilotage – stevedores – shipping agents – environment and – pollution, amongst other port activities

• Since it is not feasible to deal with all of the port regulations, for the

purpose of the gathering, we will dwell on a few, and a little more on the ones that have the potential to affect the environment, and underpinned by some multilateral environmental agreements.

BACKGROUND HISTORY

Our forefathers envisaged the concept of maritime transport hub when they used open roadstead as harbor to facilitate commerce and trade in the early nineteenth century. That was voiced in 1942 when President Barclay, at a lunch, discussed with President Roosevelt of the United States during the visit

• f President Roosevelt to Liberia. The discussion resulted in a

land-lease agreement for the construction of the Freeport of

• Monrovia. The port was completed in 1948 and operated by a

Management Team from the United States of America called the Monrovia Port Management (MPM).

ESTABLISHMENT OF THE NPA By an Act of Legislature pursuant to Chapter 1 Title 29-A of the Liberian Code of Laws of 1956 [now Title 30] as amended by the law of 1958-59, the National Port Authority was established. The 1970 Act was later amended and printed in handbill in 1972.

PURPOSE & OBJECTIVE

• The NPA is established and created to plan, design,

construct and engage in the development, maintenance and

• perations of all public ports within Liberia.
• To carry out the above function, the NPA is also given

financial and administrative authority. The NPA shall manage, operate, maintain, develop and construct all ports within the Republic and all funds for services which NPA renders and provides shall be under its sole and complete

• control. In addition NPA shall assume the responsibilities

and functions of the various government agencies with respect to the operations and supervision of ports in the Republic of Liberia.

POWER OF THE NPA

• To institute comprehensive system of tariff and charges
• To enter into contract, sue and be sued, and to assign the

provision of port services and the use of facilities

• To acquire any property or any interest therein or any

easement over any immovable property, whether by way of purchase, lease, exchange or otherwise for the purpose of NPA

• To initiate new services, or discontinue existing services as

might be required in the exercise of functions

• To engage in structure and construction, dredging,

reclamation, remove wrecks, etc.

PORT REGULATION

These are rules and regulations governing shipping and

• perational activities aimed at ensuring efficiency, safety,

security and environmental protection in the port. It is underpinned by both national and International Maritime Organization’s (IMO) marine environment regulations, which includes, SOLAS, MARPOL, UNCLOS, among others. While the port’s own ‘house rules’ are also spelt out in the regulation, any shipping and operational directives issued by NPA from time to time forms a formal part of the regulation.

• As indicated earlier, the regulation covers the following:

PORT REGULATION (contd.)

PORT REGULATIONS

This issue of pilotage is addressed in Regulation 9(1). This Regulation requires vessels to make application for pilots to enter, operate within, and exit the port basin. Exemptions could however be granted making it possible to deviate from this standard r e g u l a t i o n i n s p e c i a l circumstances

STEVEDORES

The issue of stevedores is addressed Regulation IV-81 which address stevedores as individuals or companies that move cargo between ships or between ships and port facilities. Stevedores operate under a license and the regulation requires stevedore activities to be conducted in a competent and responsible manner in compliance with rules, practices and tariffs, and so as not to cause conflict, damage, or

• perational disturbances in the

port.

PORT REGULATION (contd.)

SHIPPING AGENTS

• The issue of Agent is addressed in regulation II-2. The Regulation defines

Shipping Agents as the authorized and legal representative in the Republic

• f Liberia who acts on behalf of ship-owners or ship captains to carry out

activities related to the servicing of ships. Shipping agents have the

• bligation of quickly and efficiently taking care of all the regular routine

tasks of the ship owner they represent. They ensure that essential supplies, crew transfers, customs documentation and waste declarations are all arranged with NPA. They also provide the ship owner with updates and reports on activities in NPA ports so that ship owner would have up- to-the minute information at all times while goods are in transit. In the case of damage to cargo or the ship, the regulation obliges the shipping agent to take responsibility for making the necessary arrangements on behalf of the ship's captain or owner with an insurance company, and for nautical inspections and the services of experts or surveyors, etc.

PORT REGULATION (contd.)

ENVIRONMENT Over a number of decades, the IMO has been recognized as the principal forum for all matters affecting shipping. Its rules and regulations, standards, codes are implemented by port administrations and are followed and observed by both port authorities and the port industry.

• It is estimated that about 50% of packaged goods and bulk cargoes

transported by sea can be classified as dangerous, hazardous or

• harmful. Some of the substances transported are dangerous and

hazardous as a matter of safety and are also harmful to the marine

• environment. Between 10% and 15% of the cargoes transported in

packaged form, including freight containers, bulk packaging, portable tanks, tank containers and other fall under the above categories.

PORT REGULATION (contd.)

ENVIRONMENT

To enforce the control of the handling these cargoes, the Legal Section of the International Maritime Organization (IMO) drafted the International Convention for the Prevention of Marine Pollution form Ships, also known as MARPOL.

MARPOL

MARPOL convention adopted in 1973 and amended in 1978 is the main international convention covering the prevention of pollution

• f the marine environment by ships from operational or accidental
• causes. The causes are captured in six (6) annexes:
• Annex 1 - Oil
• Annex 2 - Noxious Liquid Substances (Chemicals)
• Annex 3 - Harmful Substances in Packaged Form
• Annex 4 - Sewage
• Annex 5 - Garbage
• Annex 6 - Air Pollution

MARPOL (contd.)

The objective of MARPOL Convention is to entirely eliminate pollution of the marine environment by discharges from ships.

• What MARPOL does is obligate signatory states to ensure the

provision of adequate port reception facilities for wastes from

• ships. National Legislation implementing the convention usually

places responsibility on the port for ensuring the provision of the facility.

MARPOL & NPA

The NPA’s regulations refer to dangerous goods as munitions, explosives or other inflammable, noxious or dangerous articles

• r substances and all goods dangerous by any international

convention to which the Republic of Liberia is a party.

• The NPA meets this obligation by promulgated Regulations:

– For the prevention of pollution by oil – For the control of pollution by harmful substances carried by sea in packaged form – For the prevention of pollution by garbage from ships – For the prevention of pollution by sewage from ships – For the prevention of air pollution from ships

MARPOL & NPA (contd.)

• Vessels having onboard explosives or other dangerous goods
• f inflammable nature shall give special notice. The nature shall

comply with the Regulation in force in the Republic of Liberia with respect to dangerous goods, and adhere to all international signals and requirements. The vessel shall display appropriate flag prescribed in the International Code Signal.

The NPA’s regulations require that:

MARPOL & NPA (contd.)

The NPA’s regulations require that:

• No dangerous goods shall be discharged or shipped within the

port unless a permit shall have been obtained from the port. Such permit shall contain particulars of the dangerous goods to be shipped or discharged.

• The Port Authority may prohibit loading, handling and

discharging of dangerous cargoes in harbor where such activities would be especially dangerous to the public.

• Handling of liquid cargoes such as oil, oil products,

gasoline or dangerous chemicals shall take place in designated harbor areas that do not pose threat to nearby population centers.

GAPS IN NPA’S PORT REGULATIONS

NPA’s Port Regulations do not cover

• Cleaning of residues from dangerous cargoes in

ships’ hold;

• Disposal of oil and chemical waste in accordance

with the international convention for the prevention of pollution from ships; and

• Storage and segregation of dangerous cargoes on

terminals

NEED FOR A REGULATORY FRAMEWORK

Considering the gaps in existing port regulation for addressing port environmental issues while focus on such issues continue to attract global concern, there is no denying of the need for a more proactive approach. This requires a comprehensive regulatory framework for meeting environmental challenges of NPA’s ports. In this way NPA would be able to prevent and mitigate environmental impacts from activities in its ports and be on its way to going ‘green’.

• Some of the immediate impacts demanding are
• bserved as follows:

IMPACTS OF SHIP TRAFFIC & DISCHARGES ON WATER QUALITY Discharges from ships are sources of water pollution in ports and the entire marine environment. Particular discharges are bilge water, ballast water, oily wastes, sewage, garbage and

• ther residues in a ship. Spills of oils, lubricants, fuels and
• ther oily liquids also contribute to port and marine pollution.

Once oil or oily compound is discharged into water, it is spread on the surface by winds and current forming a thin

• layer. On the surface of the sea in tropical or temperate

zones, oils can be polymerized gradually by biodegradation and eventually form dense particles which sinks.

IMPACTS OF SHIP TRAFFIC & DISCHARGES ON WATER QUALITY (contd.)

Measures to prevent and mitigate this source of pollution in NPA’s ports remain inadequate under the port regulations. An appropriate framework specifying how to handle such discharges and spills as well as installing reception facilities for ships’ waste is thus needed to put NPA’s ports on the path to effective environmental response.

IMPACT ON AIR QUALITY

• Emissions from ships and vehicles are major sources of air

pollution in NPA’s ports. Exhaust gas and smoke emissions from ships, particularly those with maladjusted engines, during maneuvering in ports, berthing and leaving berths affect air quality in ports. Typical pollutants are NO2 and SO2 from such emissions.

• Likewise, fumes from engines of trucks, motor vehicles, cargo

handling equipment emit pollutants that affect port air quality. NPA’s ports rely heavily on trucks to transport cargoes. Most

• f these trucks are not well maintained and serviced and

consequently do not only have high fuel consumption but contribute to the emission of carbon monoxide (CO), carbon dioxide (CO2), Nitrogen Oxide (Nox) etc. Nitrogen Dioxide (NO2) which is common in nitrogen containing oxides is a compound that causes emphysema – a long-term lung disease.

IMPACT ON AIR QUALITY (contd.)

• Another source of air related pollution in NPA’s ports is from

dust generated from the handling of dry bulk cargo. Efficient measures for controlling dust dispersion are lacking. A framework requiring cleaner cargo handling methods is required.

• These pollution sources that impact port air quality are also

not adequately catered for by existing port regulations. Dealing with them requires a framework that facilitates the monitoring of all forms of pollutants emissions into the air in NPA’s ports. The framework should have a mechanism for prohibiting the use of heavy diesel oil as fuel and also regulate the trucks and vehicles plying the ports in a bid to reduce emission of pollutants.

IMPACTS ON SOIL

• Data on port soil quality is limited. Though soil pollution is

evident from a number of port activities, documentation remains less formal. This practice must give way for a proactive monitoring system which can only be facilitated by a comprehensive regulatory framework that promotes the generation of and accessibility to adequate environmental information and ensures port development and operation activities do not undermine soil quality.

WASTE MANAGEMENT

Ships generate: a) oily waste such as bilge water, ballast water, washing water, lubricant oil and other residues in machinery space; b) sewage and garbage; and c) cargo residue such as wood bark. Discharge and spills of these wastes cause problem of oil pollution, floating garbage, unsanitary conditions, odors and other degradation of water quality.

• There is also the issue of contamination from solid wastes

including litter, plastic bags and metal cans in port areas that need the implementation of strong measures.

WASTE MANAGEMENT (contd.)

Dealing with waste from ships as mentioned earlier require NPA to comply with IMO’s MARPOL Convention by installing adequate port reception facilities to particularly receive annexes 1, 4 and 5 wastes being, residues and oily mixtures generated, sewage and garbage respectively from ship

• peration as provided by the Convention. A comprehensive

regulatory framework to implement this and also improve the general waste collection system in the ports is particularly important for an efficient waste management.

CONCLUSION

The potential adverse impact of port development and activities

embraces a wide range of environmental issues including those enumerated above.

• These probable adverse effects of port operations are usually assessed

by the magnitude of impacts however NPA has currently no established criteria to evaluate whether or not these adverse effects fall within acceptable standards. Its environmental response from port regulations is therefore rather inadequate and invariably placing environmental protection as a fringe element in its development and operation. However recognizing that this status-quo can have the potential of impeding its development plans particularly as it envisions to become a premier port, NPA is now set to go ‘green’ beginning by putting in place a collaborative and participatory mechanism to effectively regulate and manage its environmental issues. Avoiding this today will mean creating clean-up and remediation costs for future generation.

• The way forward is to collaborate in creating a regulatory framework

aimed at going ‘green’ to achieve sustainable of NPA’s ports.

THANK YOU.

QUESTIONS MAY BE ASKED AT THIS TIME.