- O J C241, 25 September 1986, p 1.
- COM (89) 369, dated 8 February 1990.
- Council Directive 85/337, dated 27 June 1985, OJ L175, 5 July 1985, s 40.
- The Engineering Council in the UK has issued a Code of Professional Practice to all Chartered Engineers and “Guidelines on Risk Issues” in February 1993.
- It is becoming best practice for the Chairman or Managing Director of a company to write to all employees concerning safety issues on a regular basis.
- Although the suggestion has been made, it would appear that pipe-lines are not to be included within the ambit of the Seveso Directive 82/501—see below “proposed revised major accidents hazards Directive”.
- COM (92) 152, dated 14 April 1992.
- Cmnd 1929.
- See Articles 192, 194 (3)(C) and 208.
- Cm 1645.
- OJ C138, 17 May 1993, pp 1–98.
- Ibid, p 76.
- Council Directive 85/337.
- OJ C138, 17 May 1993, paragraph 5.6 and table 13.
- See UK Government Response to the Second Report from HC Select Committee on the Environment on Coastal Zone Protection and Planning, July 1992, Cm 2011.
- OJ C138, 17 May 1993, p 95.
- OJ L147, 12 June 1991, p 37.
- OJ L185 17 July 1990, p 16.
- See for UK The Gas Transit (EEC Requirements) Regulations 1992, SI 1992 No 1190; for Greece the Presidential Decree No 161 of 17 April 1991; and for the Netherlands the Economics Ministry ruling of 1 January 1992.
- See COM(92)145 for the proposed Directive on this subject.
- COM(91)548, OJ C65, 14 March 1992, pp 14–23.
- See further the author's “Third Party Access—Your Flexible Friend?”, JERL Vol 11, No 1, pp 27–35.
- The Basic Agreement, at the time of writing in its 37th draft, which will give legal implementation to the European Energy Charter, may impact on provisions requiring third party access to gas pipe-lines.
- See SEC (92) 53.
- See further the author's article on “Environmental Auditing and Accredition” (1993) European Environmental Law Review, Vol 2, No 5. A new ISO standard is being developed from BS8010.
- COM(91) 36, OJ C71, 20 March 1992, p 9.
- COM(93) 115, OJ C124, 6 May 1993, p 15.
- SEC(93) 553, p 18.
- COM(92) 110, OJ C139, 2 June 1992, p 12.
- The EFTA countries, other than Switzerland, have accepted a number of obligations arising under the EC Treaty, including the free movement of natural gas, under the EC/EFTA Accord signed on 2 May 1992 and re-negotiated, following the failure of Switzerland to ratify, by a Protocol (not yet in force) adjusting the agreement (EC/EFTA Accord) on the European Economic Area with Final Act and Declarations dated 17 March 1993 (see Cm 2183).
- 82/501 as amended by 87/216, 88/610, 91/692 and the Third Act of Accession.
- 80/836 Euratom as amended by 84/467. The standards are under review following the 1990 recommendations of the International Commission on Radiation Protection.
- 90/219 and 90/220.
- Resolution of 1 February 1993, OJ C138, 17 May 1993, at p 62.
- For details of review see paper cited in note 7 below.
- Industrial activity means any operation carried out in a specified industrial installation. It covers transportation but only within the establishment.
- Paper on “major Accidents in Pipelines: a Community View” by Kevin Myers of DGXI/A/2 for the 1993 International Pipelines Conference on “Pipelines, Risk Assessment and the Environment”, published by Pipes & Pipelines International.
- SEC (92) 553.
- Ibid, p 17.
- This is a subsidiary power of a local authority to do any thing which is calculated to facilitate, or is conducive or incidental to the discharge of any of their functions.
- Note that S50 of the Town and Country Planning (Scotland) Act, 1972 was not used.
- Article 6 on “Environmental Protection”.
- Regional Co-operation: Countries of Central and Eastern Europe including the former Soviet Union, European Bank for Reconstruction and Development, March 1993.
- E H, Schumann, “The Oceanic Environment and Pollution by Oil” Proceedings of Symposium on Exploration, Exploitation and Conservation of the Exclusive Economic Zone (1985), convened by the Hydrographie Society of South Africa, p 19.
- Ibid pp 16, 20–3.
- J P, Oosthuizen, “The Role of the Department of Transport in the Prevention of Oil Pollution Emanating from Ships” in Proceedings, above note 1.
- Mining Rights Act 20 of 1967 (now repealed and replaced) by the Minerals Act 50 of 1991.
- Territorial Waters Act 87 of 1963 s 2.
- See Mossel Bay Offshore Gas Development Project 2.
- Territorial Waters Act 87 of 1963 s 7.
- Art 76.
- G M, Cockram, The Interpretation of Statutes 3ed. (1987) 134.
- Or applied by necessary implication.
- This is permitted by the 1958 Geneva Convention on the Continental Shelf art 5(3) and LOSC art 60(4)(5). The Marine Traffic Amendment Bill 6 of 1993 now proposes to do this in relation to certain navigational offences which it proposes to create.
- Act 105 of 1983 s l(l)(ii) as amended by Act 87 of 1992.
- Ibid s l(l)(viii).
- Ibid s l(l)(iv)(e). The words here have been said to be as wide as could be conceived. D J, Shaw, Admiralty Jurisdiction and Practice in South Africa (1987) p 11.
- It may be noted that if an oil spill from a ship ignites and destroys an installation there is no claim under the Convention on Civil Liability 1969 if this occurs in the EEZ, that is outside territorial waters. The damage however gives rise to a maritime claim in South African law.
- Shaw above note 14, p 11.
- Act 105 of 1983 s l(l)(iv)(f).
- Ibid s l(i)(iv)(g).
- Ibid s 2(1).
- Ibid s 3(5).
- Ibid s 3(6).
- Ibid s 3(7)(a)(i).
- Ibid s 2(2).
- LOSC arts 60, 80.
- LOSC arts 58, 78.
- The possibility of arrest in other areas in hot pursuit might be considered as a further extension.
- LOSC arts 58, 78.
- Act 105 of 1983 s 3(2)(a) to (e).
- Ibid s 3(2)(b).
- An attachment ad fundandam jurisdictionem.
- LOSC art 60.
- Nduli v Minister of Justice 1978 1 SA 893 (A).
- Merchant Shipping Act 57 of 1951.
- As pointed out a South African ship carries South African criminal law with it. An installation is however not a ship in terms of the Merchant Shipping Act 57 of 1951 and therefore does not carry the corpus of South African law with it. The fact that a floating rig is a ship for the purposes of the Admiralty Jurisdiction Regulation Act 105 of 1983 is not relevant to the application of the criminal law.
- 6 of 1993.
- Ibid s 2.
- Ibid.
- I do not consider that these further proposals should be contained in the Marine Traffic Amendment Bill which, by its nature, should be confined in principle to navigational matters such as the matters with which it actually deals. The suggested further provisions should be contained in separate legislation which might be entitled an “Extension of Laws Offshore Bill” or an “Offshore Jurisdiction Bill”.
- The system as so extended would cover all sorts of ordinary crimes which might occur on an installation eg assaults by or upon personnel, theft of property, intentionally damaging property (including the installation itself!) etc.
- The possibility of arrest in other areas in hot pursuit might be considered as a further extension.
- LOSC arts 58, 78.
- LOSC art 105.
- Ibid.
- LOSC art 101.
- Art 101.
- See in particular the provisions of LOSC art 101(a)(ii).
- Nduli case, above note 32.
- Nulla poena sine lege. Of course South African law does know the phenomenon of common law offences, one of the most important examples being murder. Hence this argument is not conclusive.
- Bill 6 of 1993 s 2.
- 105 of 1983.
- The possibility of arrest in other areas in hot pursuit might be considered.
- This would have the advantage of not only protecting the installation itself but also of protecting persons on board the installation in their relations with each other. A law of delict would simply apply between such persons as it applies between persons on South African territory.
- This would also have the advantage of not only protecting the installation itself but also of protecting persons on board it from each other. The criminal law would simply apply to all on board the installation as it does to persons on South African territory.
- The possibility of arrest in other areas in hot pursuit might be considered.
- This would have the advantage of not only protecting installations but also of protecting all craft at sea and persons and property from acts of violence and plunder.
- The possibility even of giving a power of arrest in the territory or territorial waters of another state with the consent of that state might also be considered.
- 129 of 1993.
- Ibid s 31.
- Ibid.
Journal of Energy & Natural Resources Law
Volume 11, 1993 - Issue 4