National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 8 : Marine and Coastal Pollution Control

72. Emergency dumping at sea

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(1)The Minister may in relation to any application for a dumping permit referred to in section 71 dispense with any prescribed procedure, including any consultation and public participation processes, if—
(a)the dumping at sea of a quantity of any particular waste or other material is necessary to avert an emergency that poses an unacceptable risk to the environment or to human health or safety; and
(b)there is no other feasible solution.

 

(2)Before issuing a permit in the circumstances contemplated in subsection (1), the Minister must consult with—
(a)any foreign state that is likely to be affected by the proposed dumping at sea; and
(b)the International Maritime Organisation.

 

(3)The Minister must—
(a)as far as reasonably possible in the circumstances, follow any recommendations received from the International Maritime Organisation when imposing permit conditions regarding the procedures to be followed in conducting the loading or dumping at sea of the relevant quantity of waste or other material; and
(b)inform the International Maritime Organisation of any action taken under this section within a reasonable period thereafter.