ASEAN Environmental Challenges: Blue Issues of Ocean Destruction,
Illegal Fishing, Marine Pollution, Freshwater Pollution and Flooding
COASTAL AND MARINE
POLLUTION
BY
SHARINA SHAUKAT
FELLOW & HEAD of the CENTRE for
OCEAN LAW AND POLICY
2ND ROUNDTABLE FOR ASEAN CHIEF JUSTICES ON
ENVIRONMENTAL LAW AND ENFORCEMENT 2012
7 – 10 DECEMBER 2012
PHILEA RESORT & SPA, MELAKA,
MALAYSIA
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Outline of Presentation
• Introduction.
• Protection of the marine environment in
Malaysia – current and future challenges.
• International Conventions and National Laws.
• Measures in place for the reduction, control
and prevention of marine environment
protection.
• Gaps in implementation.
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Introduction
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Malaysian waters is characterised by:
Narrow channels (Straits of Malacca);
Continental shelf and shifting bottom topography;
Tropical estuarine environments, rich in marine
fauna and flora;
• Limited mangroves, wetlands, sea grass, coral reefs;
and
• Marine natural resource-related activities such as
fishing and coastal tourism.
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• Malaysia’s coastline is approximately 4,675 km; the
country is dependent on its marine environment for
various uses ranging from fisheries, tourism and
transportation.
• Beyond these important economic resources, the
coastal and marine environment is also a cultural
identity in our country, and its coastal ecosystems such
as coral reefs, mangroves and seagrasses has become
an indispensable carbon stock and natural heritage in a
world where coastal degradation is happening
rampantly, whether due to natural or human causes.
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• In 2009, 738 samples from 158 coastal
monitoring stations throughout Malaysia were
collected for analysis.
• The most number of samples that exceeded
Class II of the Marine Water Quality Criteria
and Standards (MWQCS) were oil and grease
(50.7%), followed by total suspended solids
(47.2%) and Escherichia coli (45.7%).
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• The Ocean Health Index evaluates the condition
of marine ecosystems according to 10 human
goals, representing the key ecological, social and
economic benefits that a healthy ocean provides,
in which Malaysia scored 55 out of 100.
• This is in terms of maximum sustainable benefit
achieved through methods that do not
compromise the ocean’s ability to deliver that
benefit in the future.
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UNCLOS and marine environmental
protection
• Malaysia became a party to the United Nations
Convention on the Law of the Sea 1982 on 14
October 1996.
• Acts as a “framework convention” or an “umbrella
convention” on ocean governance.
• Many of its provisions, being of a general kind can be
implemented only through specific operative
regulations on other international agreements. 7
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UNCLOS and marine environment
protection
• UNCLOS adopts a relatively comprehensive view of
marine environment protection.
• Incorporates provisions for the conservation of
living and non-living resources within and
outside national jurisdictions and prevention of
marine pollution.
• Key articles in Part V(EEZ), Part VII (High Seas) and
Part XII (Marine Environment Protection).
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Part XII
• The essence of Part XII provisions is the call for
States to take “Measures to prevent, reduce and
control pollution of the marine environment”.
• These are to be addressed individually or
jointly to prevent marine pollution from all
sources including vessels, land-based sources,
dumping and installations on the sea-bed and
the water column of the marine environment.9
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• International and regional co-operation features
prominently in Part XII which includes
notification, contingency planning and research.
• States are also required to closely monitor the effects
of pollution on the marine environment.
• In implementing Part XII, States are also required to
establish national laws to prevent pollution from all
sources. These laws include those to be enforced by
flag States, port States and coastal States where
vessel-based pollution is concerned.
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• However, Part XII states that only monetary
penalties could be imposed on vessels found
polluting in areas beyond the territorial sea.
• In territorial sea area, a “willful act of pollution”
could be punished with monetary and other
penalties.
• Enforcement however, should not result in damage
or loss to the vessels concerned as States may be
held liable for loss and damage as a result of
enforcement.
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Other maritime conventions
• After UNCLOS new instruments have been put in
place at the global level to protect the marine
environment.
• These instruments include the Biodiversity
Conventions on Climate Change, The Global
Programme of Action for Land-Based Pollution and
the Stockholm Convention on Persistent Organic
Pollutants (POPs)
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Status of Implementation of International Environmental
Protection Treaties in Malaysia[i]
Treaty
Date of
Ratification/
Accession
Status of
Implementation
Convention on the Protection of Wetlands of International
Importance especially for Waterfowl Habitat, 1971 (RAMSAR
Convention)
20.12.1994
(a)
Malaysia has gazetted a number of RAMSAR sites
including mangroves and other wetlands
Convention on the Protection of World Cultural and Natural
Heritage, 1972 (World Heritage Convention)
7.12.1988
Terrestrial sites have been declared World Heritage
Areas but no marine site yet.
International Convention on the Trade in Endangered Species of
World Flora and Fauna, 1973 (CITES Convention)
20.10.1977
National instrument of implementation is the Wildlife
Protection Act, 1972.
International Convention for the Prevention of Pollution from Ships,
1973 as amended by the Protocol of 1978 (MARPOL 73/78)
28.1.1997
(a)
Merchant Shipping (Oil Pollution Act), 1994
United Nations Convention on the Law of the Sea (UNCLOS)
14.10.1996
Enabling legislation includes Exclusive Economic
Act, 1984 and the Fisheries Act, 1985.
Montreal Protocol on Substances that Deplete the Ozone Layer,
1987 (Montreal Protocol)
29.8.1989
Programmes to replace CFC-based substances are
ongoing.
Basel Convention on the Control of Transboundary Movement of
Hazardous Wastes and Their Disposal, 1989 (Basel Convention)
8.10.1993
(a)
Enabling legislation is the Environmental Quality Act,
1978.
United Nations Framework Convention on Climate Change, 1992
(UNFCC)
13.7.1994
Ongoing programmes.
United Nations Convention on Biological Diversity, 1982 (UNCBD)
24.6.1994
Enabling instruments include the National
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Biological Diversity, Wildlife Protection Act and
Fisheries Act.
National Laws
• Malaysian Environmental Quality Act, 1974;
• Merchant Shipping Ordinance, 1952;
• Exclusive Economic Zone Act, 1984;
• Fisheries Act, 1985; and
• Merchant Shipping (Oil Pollution) Act, 1994 as
amended 2005.
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• Merchant Shipping (Amendment and
Extension) Act 2011;
• Malaysian Maritime Enforcement Agency Act
2004; and
• Langkawi International Yacht Registry Act
2003.
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Implementing Agencies
• Department of Environment;
• Malaysian Maritime Enforcement Agency
(Coast Guards);
• Marine Department Malaysia;
• Royal Malaysian Navy;
• Marine Police (Royal Malaysian Police)
• Royal Malaysian Air Force; and
• Department of Fisheries.
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National Action
• Conducting
surveillance
• Enforcing
national laws
• Preparing for
disasters,
particularly oil
spills
Eye in the Sky
Fisheries
Pollution Prevention
Navigational
Safety
Security/Anti Crime
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Preventing discharges from ships
• Accidental discharges by reducing the possibility of
ship encounters - measures taken such as:
Routeing system to separate traffic flow between
incoming and outgoing traffic such as traffic
separation schemes (TSS) accommodated in the
international regulations such as COLREG 1972
Surveillance and monitoring to ensure compliance
with the routeing system such as the application of
STRAITREP.
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Prevention of intentional discharge
from ships
• MARPOL – Annex 1 Oil, Annex 2 HNS and Chemical,
Annex 3 Packages, Annex 4 Sewage, Annex 5 Garbage,
Annex 6 Air and the IMO is already working on CO2
emissions ( not a pollutant but which impacts on
climate change).
• MARPOL also has provision for reception facilities
where ships Masters are not put in a position where
they have to “intentionally discharge” to dispose of
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their “waste”.
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Awareness of coastal States legislation and
procedures when transiting
• Notice to Mariners/Marine Orders;
• Information dissemination and exchange through the
Marine Electronic Highway (MEH); and
• VTIS – Vessel Traffic Information Services
With the above measures and mechanisms in place, it
will be almost impossible to plead ignorance for noncompliance.
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Towards integrated management
Common definition:
“A spatial plan for
regulating, managing and
protecting the marine
environment that
addresses the multiple,
cumulative and potentially
conflicting uses of the sea”
(Canning, 2003).
Marine transportation
Economic development
Energy
Environmental quality
Marine protected areas
Fisheries
Aquaculture
Military
Marine Spatial Planning
MSP has been the focus of
considerable interest
throughout the world,
particularly in heavily used
marine areas.
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Gaps in Implementation
• Malaysia has complied with most of the provisions of
UNCLOS Part XII, International Maritime Organisation (IMO)
conventions for the control and prevention of ship-based
pollution and other global conventions for the prevention of
marine pollution. However, gaps remain in the
implementation. These are:
• Need for comprehensive national programme;
• Lack of regional instrument;
• Lack of knowledge and information on the control of the
introduction of exotic or alien species into Malaysian waters.
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“…The problems of ocean space are closely
interrelated and need to be considered as a
whole…”
Preamble to the United Nations Convention on
the Law of Sea (UNCLOS), 1982
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Thank you
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