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 on 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 of 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 operations 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 operational 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.) STEVEDORES PORT REGULATIONS The issue of stevedores is This issue of pilotage is addressed Regulation IV-81 addressed in Regulation 9(1). which address stevedores as This Regulation requires individuals or companies that vessels to make application for move cargo between ships or pilots to enter, operate within, between ships and port facilities. Stevedores operate under a and exit the port basin. license and the regulation Exemptions could however be requires stevedore activities to granted making it possible to be conducted in a competent deviate from this standard and responsible manner in compliance with rules, practices r e g u l a t i o n i n s p e c i a l and tariffs, and so as not to circumstances cause conflict, damage, or operational 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 of 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 obligation 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 of 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.
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