Todays OIA request to Simon Bridges... 1) Please advise whether New Zealand is a party to the UN Convention on the Law of the Sea (1982) Agreement; un.org/.../texts/unclos/UNCLOS-TOC.htm 2) If New Zealand is a party to UNCLOS (1982) then please also provide the following information; A) Please provide the assessments and detailed reports the NZ government undertook, in terms of Article 206, prior to the decision to issue exploration permits in relation to the proposed and present deep sea exploratory drilling activities in New Zealands EEZ waters. Article 206 of UNCLOS Law - Assessment of potential effects of activities When States [NZ is considered a State] have reasonable grounds for believing that planned activities under their jurisdiction or control may cause substantial pollution of or significant and harmful changes to the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment and shall communicate reports of the results of such assessments in the manner provided in article 205. B) Please advise what milestones/timeframes during the exploratory drilling process you consider to be appropriate intervals for the publication of the UNCLOS legally required reports as per article 205. Article 205 - Publication of reports States shall publish reports of the results obtained pursuant to article 204 or provide such reports at appropriate intervals to the competent international organizations, which should make them available to all States. C) Please confirm what processes you have in place to meet the UNCLOS legal requirements to undertake the required surveillance, monitoring, observation, measuring, evaluation and analysis, by recognized scientific methods, the risks or effects of pollution of the marine environment? Article 204 -Monitoring of the risks or effects of pollution 1. States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment. 2. In particular, States shall keep under surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment. D) Please advise what measures have been taken to ensure protection for the marine environment from harmful activities which may arise from such activities in terms of Article 145. E) Please advise what rules, regulations and procedures the NZ government has adopted inter alia for the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment in terms of Article 145. F) Please advise what rules, regulations and procedures the NZ government has adopted inter alia for the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment in terms of Article 145. Article 145 - Protection of the marine environment Necessary measures shall be taken in accordance with this Convention with respect to activities in the Area to ensure effective protection for the marine environment from harmful effects which may arise from such activities. To this end the Authority shall adopt appropriate rules, regulations and procedures for inter alia: (a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment, particular attention being paid to the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities; (b) the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment. Looking forward to your urgent response, considering exploratory drilling is about to commence in the immediate future. Regards Kieran Trass
Posted on: Thu, 14 Nov 2013 20:23:41 +0000
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