- Minor Treaty Actions
- Minor treaty actions are normally technical amendments to existing treaties that do not significantly impact the national interest. They are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
- The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
- The Committee has been referred the following minor treaty actions.
Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers
Referral of the proposed minor treaty action
4.4On 27 June 2024, the Assistant Minister for Foreign Affairs, The Hon Tim Watts MP, referred the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (Seafarers Amendments).
Background
4.5The Convention was adopted in 1978 and entered into force in 1984, establishing standards on training, certification and watchkeeping for seafarers internationally.The Maritime Safety Committee (MSC) of the International Maritime Organization (IMO) meets regularly and considers amendments to the Convention. On 8 June 2024, the MSC considered and adopted resolution MSC.540(107) regarding seafarer certificates.
Proposed minor treaty action
4.6The adopted resolution is comprised of two textual amendments that permit seafarer certificates to be obtained and displayed on ships electronically. The first amendment adds a new definition of ‘original form’ so that the original form of a certificate can be either paper or electronic. The second amendment expands the minimum requirements for possession of certificates to be kept on board the ship, requiring that electronic certificate holders keep the data required for verification on board.
4.7These amendments are expected to provide greater flexibility to seafarers in managing the records of their certifications, and are expected to have minor practical, legal and financial effects for Australia. The changes will be communicated by the Australian Maritime Safety Authority through the explanatory text on issued certificates and do not affect the fees or process for issuing certificates. The Office of Impact Assessment have determined that a detailed Impact Analysis is not required.
4.8The Seafarers Amendments will enter into force on 1 January 2025 unless prior to 1July 2024, the Secretary-General of the IMO is notified of objections by more than one third of all Contracting Parties to the Convention or Contracting Parties to the Convention whose ‘combined merchant fleets constitute not less than 50 per cent of the gross tonnage of the world’s merchant shipping of ships of 100 gross register tons or more’.
4.9Australia does not propose to object to the Seafarers Amendments and as a party to the Convention, Australia’s acceptance is tacit. The Seafarers Amendments will likely enter into force for Australia on 1 January 2025 unless the objection threshold is met.
Justifications
4.10Australia’s acceptance of the Seafarers Amendments will ensure that Australia’s training, certification and watchkeeping standards are consistent with international standards and that Australian seafarers are afforded additional flexibility in managing the records of their certifications.
Legislative changes
4.11No legislative action is required to give effect to the requirements of this amendment.
Amendments to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters 1972
Referral of the proposed minor treaty action
4.12On 2 July 2024, the Assistant Minister for Foreign Affairs, The Hon Tim Watts MP, referred the Amendments to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters 1972 (Dumping Amendments).
Background
4.13On 7 October 2022, the Meeting of Contracting Parties to the London Protocol (the Protocol) agreed to amend the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Protocol) to remove references of sewage sludge from the list of wastes and other matters that may be considered for dumping at sea. The objectives of the London Protocol, to which Australia is a Contracting Party, are to ‘protect and preserve the marine environment from pollution and to take measures to prevent, reduce and, where practicable, eliminate pollution caused by dumping or incineration at sea of waste and other matter’.
Proposed minor treaty action
4.14The London Protocol prohibits the dumping of wastes or other matter at sea other than exceptions stipulated in Annex 1. The Dumping Amendments removes sewage sludge from Annex 1, meaning that Contracting Parties could no longer issue permits to allow for its dumping after the Dumping Amendments enter into force. The Dumping Amendments also delete the words ‘and sewage sludge’ in Annex 2, which deals with the assessment of wastes or other matters and Contracting Parties’ obligations in relation to permitting dumping.
4.15Contracting Parties with active permits may maintain them until they expire, but no later than 31 May 2027. Article 22(4) of the London Protocol provides that amendments to Annexes enter into force 100 days after they are adopted by a Meeting of Contracting Parties. Article 22(4) also provides that a Contracting Party may declare that it is not able to accept an amendment within 100 days of it being made. Australia did not make such a declaration and the Dumping Amendments entered into force for Australia on 15 January 2023.
Justifications
4.16When being considered at the Meeting of Contracting Parties, Contracting Parties including Australia, unanimously supported the resolution to remove sewage sludge from the marine environment.
4.17Australia is currently the only Contracting Party that has in place a permit to dump sewage sludge at sea. The permit, which allows a tourist pontoon operator to discharge small quantities of grey and blackwater in the Great Barrier Reef Marine Park, will expire on 31 May 2027. The Department of Climate Change, Energy, the Environment and Water has undertaken extensive consultation with the permit holder and the Great Barrier Reef Marine Park Authority to ensure they can transition to alternative arrangements. The current permit will remain in place until expiry and Australia will remain compliant with the Dumping Amendments and will not grant future permits.
4.18The Dumping Amendments have negligible legal, financial, and practical effects.
Legislative changes
4.19No legislative changes are required.
Conclusion
4.20The Committee resolved that:
- the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers be endorsed as a minor treaty action without inquiry;
- binding treaty action be recommended in relation to the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
- The Committee further resolved that:
- the Amendments to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters 1972 be endorsed as a minor treaty action without inquiry;
- binding treaty action be recommended in relation to the Amendments to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters 1972.
Ms Lisa Chesters MP
Chair
9 September 2024