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Coastal and Marine Law and Enforcement

Coastal and Marine Law and Enforcement. Peter Wulf Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist. Overview. Legal Context in relation to: Land Based Pollution Marine Disposal Illegal Fishing and Hot Pursuits. Land Based Pollution.

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Coastal and Marine Law and Enforcement

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  1. Coastal and Marine Law and Enforcement Peter Wulf Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist

  2. Overview • Legal Context in relation to: • Land Based Pollution • Marine Disposal • Illegal Fishing and Hot Pursuits

  3. Land Based Pollution • Biggest single source of marine and coastal pollution • Transboundary Issue • Point Source and Diffuse • Differing regulatory issues

  4. International Context UNCLOS • Article 192 • Article 207 • Article 213 Montreal Guidelines for the Protection of the Marine Environment against Pollution from Land-based Sources Diffuse land based pollution is extremely difficult to manage

  5. Marine Disposal 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, done at London on 7 July 1996 Applications to dump wastes or other matter shall demonstrate that appropriate consideration has been given to the following hierarchy of waste management options, which implies an order of increasing environmental impact: • re-use; • off-site recycling; • destruction of hazardous constituents; • treatment to reduce or remove the hazardous constituents; and • disposal on land, into air and in water.

  6. Dumping an old ship No Ship Action Group Incorporated and Minister for Environment Protection, Heritage and the Arts and the State of New South Wales [2010] AATA 702 • Australian Government granted the vessel for sinking • granted a permit for the scuttling and placement of the ship as an artificial reef • Original issue was polychlorinated biphenyls (PCBs) on the ship • Subsequent issue was lead paint

  7. HMAS Adelaide

  8. Illegal Fishing • Global estimates suggest a minimum of 20 percent of seafood worldwide is caught illegally • economic losses between $10 to $23 billion • 11 to 25 million metric tons of fish • Asia Pacific region included • Western Indian Ocean (560,000 tonnes- $504 million), • Eastern Indian Ocean (970,600 tonnes-$874 million), • Western Central Pacific (1,730,000 tonnes- $1,560 million), • Eastern Central Pacific (278,000 tonnes- $251 million), • Southwest Pacific (32,900 tonnes- $30 million) • Southeast Pacific (2,568,000 tonnes- $2,311 million)

  9. Regional Plan of Action to Promote Responsible Fishing Practices including Combating Illegal, Unreported and Unregulated Fishing • Australia, Brunei Darussalam, Cambodia, Indonesia, Malaysia, Papua New Guinea, the Philippines, Singapore, Thailand, Timor‐Leste and Vietnam • Australia, Indonesia, Papua New Guinea, Singapore, Thailand and Vietnam track illegal fishing

  10. South Tomi

  11. Volga – Domestic and International Context • Three crew members were charged with the offence • A bond of $3 million was set for the vessel and $800,000 for the three officers. • The Australian Government is also holding $1.8 million proceeds from the sale of the Volga's catch • Russian Government took the matter to the ITLOS • Russia contested the bond • Alleged illegal fishing vessels and crew must be promptly released upon payment of a "reasonable" bond. • Article 73 of UNCLOS envisaged enforcement measures in respect of violations of the coastal State’s laws and regulations alleged to have been committed. • The ITLOS considered that a “good behaviour bond” to prevent future violations • Article 73 and 292 • ITLOS considered that the bond sought by Australia was not reasonable

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