Newsletter
OCEAN POLLUTION PREVEN-TION LAW NOW IN EFFECT
The Ocean Pollution Prevention Law became effective on 3 November 2000. This is a big step for Taiwan in the prevention of ocean pollution. In the past, only Article 16 of the Commercial Harbor Law set forth an obligation to clean up vessel wreckage and floating material. There were no full regulations on monitoring and dis-posing of ocean pollution. Although the Water Pollution Prevention Law provides for some punishment regarding emission of polluted water into the ocean, it only imposes the punishment on entities on shore.
According to this law, the Environment Protec-tion Administration (EPA) is the authority in the central government. The EPA has the obligation to establish an emergency plan responding to ocean pollution, and is entitled to order relevant parties to provide the necessary assistance to dispose of ocean pollution. Failure to provide assistance is punishable by a fine of not less than NT$100,000 but not more than NT$500,000 (about US$15,880). The port authority can pro-hibit the sailing of a vessel which is likely to cause ocean pollution.
When a vessel causes, or is likely to cause, ocean pollution due to perils of the seas, the ship master and the shipowner (including the registered owner, the vessel leaseholder, the vessel man-ager, and the vessel operator) should take actions to prevent, eliminate or reduce the pollution, and should immediately notify the navigation au-thority, the port authority and local authority. The authorities can take necessary actions to dispose of such pollution, and all the relevant costs arising therefrom should be borne by the shipowner.
The shipowner should compensate the damage of ocean pollution caused by that vessel. A tanker or chemical vessel with gross tonnage of or above 150 tons, or another vessel with gross tonnage of or above 400 tons, should provide a guaranty or obtain liability insurance in accor-dance with the regulations to be jointly decided by the EPA and the Ministry of Finance.
The port authority can prohibit a foreign vessel and any of its crew from leaving Taiwan if that vessel does not fulfill or is at risk of not fulfilling any compensatory obligation under the law.
The party causing ocean pollution should clean up the pollution. Failure to do so will be subject to a fine of not less than NT$300,000 but not more than NT$1,500,000 (about US$47,620).
Although the EPA and MOF have not decided the relevant regulations of the guaranty/liability insurance, the vessels en route Taiwan should need to pay attention to the relevant develop-ment.