Newsletter
DRAFT MARINE POLLUTION CONTROL LAW
On 20 April 2000, the Executive Yuan approved the draft Marine Pollution Control Law, and presented it to the Legislative Yuan for consid-eration. The main points of the draft are as fol-lows:
Applicability
The law applies to the intertidal zone, inland waters, territorial waters, exclusive economic zone, and continental shelf waters within the jurisdiction of the Republic of China. It also applies to toxic substances released outside the above areas but which cause pollution within them.
Basic Provisions
The central competent authority (the Environ-mental Protection Administration, EPA) is to levy marine disposal fees on those who use the ocean for the final disposal of pollutants. Fees are to be charged according to the type and quantity of such pollutants, and paid into a spe-cial fund of the EPA to be used for marine pol-lution control, marine pollution monitoring, ma-rine pollution treatment, marine environmental rehabilitation, other matters of marine environ-mental protection, and related research and training.
Public and private entities designated by the EPA, and other marine-related enterprises wishing to engage in marine engineering works, marine dumping or incineration at sea, must first submit an emergency response plan adequate to prevent and treat marine pollution, and a financial guar-antee or liability insurance certificate to provide compensation for any loss or damage caused by pollution. They may only proceed once these have been approved by the EPA.
Prevention of Pollution from Terrestrial Sources
Without authorization from the competent au-thorities, public or private entities may not dis-charge effluents into the sea, coastal nature re-serves, national parks' ecological protection ar-eas, wildlife refuges, or aquatic resource protec-tion areas.
Where serious marine pollution occurs as a result of marine discharge pipes, coastal discharge outlets, refuse dumps, or refuse processing sites located at sites controlled by public or private entities, or where there are grounds for believing that serious marine pollution may occur, such entities must take immediate measures to prevent, eliminate, or reduce such pollution, and must immediately inform the local and central envi-ronmental protection authorities and the regula-tory authorities for their industry.
The environmental authorities may undertake necessary response and treatment measures, the cost of which is to be borne by the public or private entity concerned.
Prevention of Pollution from Marine Engi-neering Operations
A public or private entity wishing to use marine facilities to extract oil, transport oil or chemical substances, or discharge effluent, must first submit a marine pollution control plan stating the content of its marine pollution control operations, its marine monitoring, emergency response measures, and other matters designated by the EPA, and may only proceed after receiving an EPA approval.
Where marine engineering operations by a pub-lic or private entity result in severe marine pol-lution or where there are grounds for believing that severe pollution may occur, the entity con-cerned must take immediate measures to prevent, eliminate, or reduce such pollution, and must immediately inform the environmental authori-ties and the regulatory authority for its industry. The environmental authorities may order nec-essary response measures or undertake such measures themselves, the cost to be borne by the public or private entity concerned.
Prevention of Waste Processing at Sea
Public or private entities wishing to engage in waste disposal or incineration at sea by means of marine craft, aircraft, marine facilities, or other means, must apply with the EPA for authoriza-tion.
The EPA is required to designate substances as Category A, Category B, or Category C sub-stances, according to their effect on the marine environment when dumped at sea. Category A substances must not be dumped at sea; Category B substances require the EPA authorization for each occasion on which they are to be dumped at sea; Type C substances may be dumped at sea only during the validity of, and within the quan-tity specified in, the authorization granted by the EPA.
Prevention of Marine Pollution by Ships
Waste water, oil, refuse, and other pollutants from ships must be retained on board or dis-charged into onshore receiving facilities, except insofar as they may be discharged into the sea in accordance with regulations. Management agencies at harbors of all kinds must provide receiving facilities for the above pollutants, and may levy necessary treatment charges.
Liability for Damages
Vessel owners should be liable for any loss or damage arising out of marine pollution by ships. The owner of any vessel over 400 gross tons, or of an oil tanker or chemical carrier over 150 gross tons, must take out liability insurance or provide a guarantee, and may not suspend or terminate such insurance or guarantee. Any person entitled to seek compensation for loss or damage caused by pollution may seek such compensation directly from the liability insurer or guarantor.
Penal Clauses
Any person disposing of toxic or harmful waste at sea in violation of the law and thereby causing severe marine pollution is liable for up to 10 years' imprisonment and fines from NT$20 mil-lion to NT$100 million.
Supplementary Provisions
Public or private entities already engaged in marine discharge, coastal discharge, coastal waste disposal or processing, marine engineering operations, or dumping or incineration at sea before the law comes into force, and vessels in use before the law comes into force, which are not in compliance with the provisions of the law, must, within six months after the law comes into force, apply for approval of a time limit for im-provement. Before such a time limit has expired they will not be penalized, but will remain liable for compensation for any loss or damage caused by pollution.