In order to mitigate increasing sea pollution by shipping activities, and to follow-up on Law No. 17 of 2008 on Shipping, Government Regulation No. 21 of 2010 on Maritime Environment Protection was recently issued. Prevention and management of sea pollution, such as disposal of water waste and destruction of unused ships, befalls to the Minister of Transportation.
According to the regulation, ships may not dispose waste - oil, garbage, human waste, and other hazardous substances - directly into sea water: such waste must be retained, and subsequently be stored in a port waste facility. Once being reported to a sea protection authority, that waste can only later be disposed at a specific water location, provided it fulfills the requirements on distance, volume, and pollutant quality of the disposal. Meanwhile, ports themselves must have a waste facility for their activities - construction, maintenance, ship improvement, and so on.
Prevention and management of pollution due to ship operation is the responsibility of ship crews through a series of activities listed under Article 4 (1 & 2) of the regulation. Depending on their size, ships are to be equipped with specific pollution prevention and management equipment, and the Minister of Transportation will conduct examination annually (and potentially at any time) to certify a ship’s compliance with those standards.
Additionally, personnel in the shipping industry must be trained, and be competent with pollution equipment and management procedures.
Ship owners and operators are responsible for the expenses associated with pollution control, and are responsible for any losses to third parties resulting from oil/non-oil pollution originating from their ships. Those responsibilities must be insured, and although subsequent regulation will elaborate the details, the Minister of Transportation must be made aware of the insurance, and will issue a Certificate of Pollution Compensation Guarantee Fund, which presumably will be required for various activities.
Failure to abide by this regulation could result in such administrative sanctions as: written warnings, frozen license authorities (seaman certificate, sea transportation license, allowance for port business activities), or an administrative fine up to IDR 30,000,000.
Although it is a welcome foothold for further regulation, implementing this Government Regulation in full necessitates further implementing regulation to address disposal of waste in waters, a maritime protection information system, training and readiness for pollution control, standardization of pollution control equipment, and the Certificate of Pollution Compensation Guarantee Fund.
All current regulations on maritime protection continue to be valid, provided they do not contradict this regulation’s provisions.
This regulation has been in force since 1 February 2010.
In order to mitigate increasing sea pollution by shipping activities, and to follow-up on Law No. 17 of 2008 on Shipping, Government Regulation No. 21 of 2010 on Maritime Environment Protection was recently issued. Prevention and management of sea pollution, such as disposal of water waste and destruction of unused ships, befalls to the Minister of Transportation.
According to the regulation, ships may not dispose waste - oil, garbage, human waste, and other hazardous substances - directly into sea water: such waste must be retained, and subsequently be stored in a port waste facility. Once being reported to a sea protection authority, that waste can only later be disposed at a specific water location, provided it fulfills the requirements on distance, volume, and pollutant quality of the disposal. Meanwhile, ports themselves must have a waste facility for their activities - construction, maintenance, ship improvement, and so on.
Prevention and management of pollution due to ship operation is the responsibility of ship crews through a series of activities listed under Article 4 (1 & 2) of the regulation. Depending on their size, ships are to be equipped with specific pollution prevention and management equipment, and the Minister of Transportation will conduct examination annually (and potentially at any time) to certify a ship’s compliance with those standards.
Additionally, personnel in the shipping industry must be trained, and be competent with pollution equipment and management procedures.
Ship owners and operators are responsible for the expenses associated with pollution control, and are responsible for any losses to third parties resulting from oil/non-oil pollution originating from their ships. Those responsibilities must be insured, and although subsequent regulation will elaborate the details, the Minister of Transportation must be made aware of the insurance, and will issue a Certificate of Pollution Compensation Guarantee Fund, which presumably will be required for various activities.
Failure to abide by this regulation could result in such administrative sanctions as: written warnings, frozen license authorities (seaman certificate, sea transportation license, allowance for port business activities), or an administrative fine up to IDR 30,000,000.
Although it is a welcome foothold for further regulation, implementing this Government Regulation in full necessitates further implementing regulation to address disposal of waste in waters, a maritime protection information system, training and readiness for pollution control, standardization of pollution control equipment, and the Certificate of Pollution Compensation Guarantee Fund.
All current regulations on maritime protection continue to be valid, provided they do not contradict this regulation’s provisions.
This regulation has been in force since 1 February 2010.
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