ATC240515: Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022] (National Assembly – Sec 76), dated 15 May 2024

NCOP Public Infrastructure

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022] (National Assembly – Sec 76), dated 15 May 2024

 

1. Introduction

 

1. The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022] (“the Bill”) was passed by the National Assembly, transmitted to the NCOP for concurrence and referred to the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure (“the Select Committee”) on 7 March 2023.

 

1. The objects of the Bill are to amend the Marine Pollution (Prevention of Pollution from Ships) Act, 1986, so as to give effect to Annex IV of the International Convention for the Prevention of pollution from Ships, 1973, to incorporate the 1997 Protocol in order to give effect to Annex VI of the Convention; and to provide for matters connected therewith. Annex IV regulates the activities for treatment and safe disposal of sewage from ships and Annex VI is the main global instrument that addresses ship energy efficiency management and Green House Gas (GHG) emissions.

 

2. Select Committee process followed in respect of the Bill

 

1. 1. The Department of Transport briefing the Select Committee on the background and objects of the Bill on 18 October 2023. On 4 February 2024 an advert was placed in National Media calling for written submissions on the Bill with a deadline of 26 February 2024. Only one submission was received, being from the World Wide Fund for Nature (WWF) and on 27 March 2024 the Department of Transport addressed the Select Committee on its response to the submission.

 

1. 2. On 30 April 2024, the Select Committee considered and deliberated on the provincial Negotiating Mandates on the Bill and agreed to reject the amendments proposed in the Negotiating Mandates. In its deliberations the Select Committee was informed by the fact that South Africa is a signatory to the International Convention for the Prevention of Pollution from Ships, and that the Bill intends to incorporate Annex IV and Annex VI of the Convention into domestic law.

 

1. 3. Eight provinces submitted Final Mandates on the Bill which were considered on 15 May 2024. The Final Mandates were submitted as follows:

 

 

 

Province	Mandate Vote
Eastern Cape	The Provincial Legislature votes in favour of the Bill and mandates the Eastern Cape Permanent Delegate to the NCOP to vote in favour of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022].
Free State	No Final Mandate Submitted.
Gauteng	The Gauteng Provincial Legislature supports the principle and detail of the bill and therefore votes in favour of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022].
KwaZulu – Natal	The KwaZulu-Natal Legislature met and agreed to mandate the KwaZulu-Natal  delegation to the National Council of Provinces to support the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022].
Limpopo	The Province votes in favour of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022].
Mpumalanga	The delegation representing the province of Mpumalanga in the National Council of Provinces is hereby conferred with a mandate to vote in favour of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022].
Northern Cape	The Legislature supports the Marine Pollution (Prevention of Pollution from Ships) Bill [B5—2022].
North West	The North West Provincial Legislature vote in favour of the Marine Pollution (Prevention of Pollution from Ship) Amendment Bill [ B 5 -2022].
Western Cape	The Western Cape Provincial Parliament confers on the Western Cape’s delegation in the National Council of Provinces the Authority to support the Bill.

 

3. Outcome of Select Committee’s Consideration of the Bill

 

The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure having deliberated on and considered the subject of the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022] (National Assembly – Sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to the Bill.  

 

 

Report to be Considered.