
See the ENTRI query system for information about the status of this treaty.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the PaCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Natural Resources and Environment of the South Pacific Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director"CONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Natural Resources and Environment of the South Pacific Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, redCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Natural Resources and Environment of the South Pacific Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to protect and preserve rare or
fragile ecosystems and depleted, threatened or endangered
flora and fauna as well as their habitat in the
Convention Area. To this end, the Parties shall, as
appropriate, establish proteCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Natural Resources and Environment of the South Pacific Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to protect and preserve rare or
fragile ecosystems and depleted, threatened or endangered
flora and fauna as well as their habitat in the
Convention Area. To this end, the Parties shall, as
appropriate, establish protected areas, such as parks and
reserves, and prohibit or regulate any activity likely to
have adverse effects on the species, ecosystems or
biological processes that such areas are designed to
protect. The establishment of such areas shall not affect
the rights of other Parties or third States under
international law. In addition, the Parties shall
exchange information concerning the administration and
management of such areas.
Article 15
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the
Convention Area, whatever the cause of such emergencies,
and to prevent, reduce and control pollution or the
threat of pollution resulting therefrom. To this end, the
Parties shall develop and promote individual contingency
plans and joint contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention Area.
2. When a Party becomes aware of a case in which the
Convention Area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other
countries and territories it deems likely to be affected
by such pollution, as well as the Organisation.
Furthermore it shall inform as soon as feasible, such
other countries and territories and the Organisation of
any measures it has itself taken to reduce or control
pollution or the threat thereof.
Article 16
ENVIRONMENTAL IMPACT ASSESSMENT
1. The Parties agree to develop and maintain, with the
assistance of competent global, regional and subregional
organisations as requested, technical guidelines and
legislation giving adequate emphasis to environmental and
social factors to facilitate balanced development of
their natural resources and planning of their major
projects which might affect the marine environment in
such a way as to prevent or minimise harmful impacts on
the Convention Area.
2. Each Party shall, within its capabilities, assess the
potential effects of such projects on the marine
environment, so that appropriate measures can be taken to
prevent any substantial pollution of, or significant and
harmful changes within, the Convention Area.
3. With respect to the assessment referred to in
paragraph 2, each Party shall, where appropriate, invite:
(a) public comment according to its national procedures;
(b) other Parties that may be affected to consult with it
and submit comments.
The results of these assessments shall be communicated to
the Organisation, which shall make them available to
interested Parties.
Article 17
SCIENTIFIC AND TECHNICAL CO-OPERATION
1. The Parties shall co-operate, either directly or with
the assistance of competent global, regional and sub-
regional organisations, in scientific research,
environmental monitoring, and the exchange of data and
other scientific and technical information related to the
purposes of the Convention.
2. In addition, the Parties shall, for the purposes of
this Convention, develop and co-ordinate research and
monitoring programmes relating to the Convention Area and
co-operate, as far as practicable. in the establishment
and implementation of regional, sub-regional and
international research programmes.
Article 18
TECHNICAL AND OTHER ASSISTANCE
The Parties undertake to co-operate, directly and
when appropriate through the competent global, regional
and sub-regional organisations, in the provision to other
Parties of technical and other assistance in fields
relating to pollution and sound environmental management
of the Convention Area, taking into account the special
needs of the island developing countries and territories.
Article 19
TRANSMISSION OF INFORMATION
The Parties shall transmit to the Organisation
information on the measures adopted by them in the
implementation of this Convention and of Protocols to
which they are Parties, in such form and at such
intervals as the Parties may determine.
Article 20
LIABILITY AND COMPENSATION
The Parties shall cCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text
Summary of the "Convention for the Protection of the Natural Resources and Environment of the South Pacific Region" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.
See the ENTRI query system for information about the status of this treaty.
See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.
CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to protect and preserve rare or
fragile ecosystems and depleted, threatened or endangered
flora and fauna as well as their habitat in the
Convention Area. To this end, the Parties shall, as
appropriate, establish protected areas, such as parks and
reserves, and prohibit or regulate any activity likely to
have adverse effects on the species, ecosystems or
biological processes that such areas are designed to
protect. The establishment of such areas shall not affect
the rights of other Parties or third States under
international law. In addition, the Parties shall
exchange information concerning the administration and
management of such areas.
Article 15
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the
Convention Area, whatever the cause of such emergencies,
and to prevent, reduce and control pollution or the
threat of pollution resulting therefrom. To this end, the
Parties shall develop and promote individual contingency
plans and joint contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention Area.
2. When a Party becomes aware of a case in which the
Convention Area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other
countries and territories it deems likely to be affected
by such pollution, as well as the Organisation.
Furthermore it shall inform as soon as feasible, such
other countries and territories and the Organisation of
any measures it has itself taken to reduce or control
pollution or the threat thereof.
Article 16
ENVIRONMENTAL IMPACT ASSESSMENT
1. The Parties agree to develop and maintain, with the
assistance of competent global, regional and subregional
organisations as requested, technical guidelines and
legislation giving adequate emphasis to environmental and
social factors to facilitate balanced development of
their natural resources and planning of their major
projects which might affect the marine environment in
such a way as to prevent or minimise harmful impacts on
the Convention Area.
2. Each Party shall, within its capabilities, assess the
potential effects of such projects on the marine
environment, so that appropriate measures can be taken to
prevent any substantial pollution of, or significant and
harmful changes within, the Convention Area.
3. With respect to the assessment referred to in
paragraph 2, each Party shall, where appropriate, invite:
(a) public comment according to its national procedures;
(b) other Parties that may be affected to consult with it
and submit comments.
The results of these assessments shall be communicated to
the Organisation, which shall make them available to
interested Parties.
Article 17
SCIENTIFIC AND TECHNICAL CO-OPERATION
1. The Parties shall co-operate, either directly or with
the assistance of competent global, regional and sub-
regional organisations, in scientific research,
environmental monitoring, and the exchange of data and
other scientific and technical information related to the
purposes of the Convention.
2. In addition, the Parties shall, for the purposes of
this Convention, develop and co-ordinate research and
monitoring programmes relating to the Convention Area and
co-operate, as far as practicable. in the establishment
and implementation of regional, sub-regional and
international research programmes.
Article 18
TECHNICAL AND OTHER ASSISTANCE
The Parties undertake to co-operate, directly and
when appropriate through the competent global, regional
and sub-regional organisations, in the provision to other
Parties of technical and other assistance in fields
relating to pollution and sound environmental management
of the Convention Area, taking into account the special
needs of the island developing countries and territories.
Article 19
TRANSMISSION OF INFORMATION
The Parties shall transmit to the Organisation
information on the measures adopted by them in the
implementation of this Convention and of Protocols to
which they are Parties, in such form and at such
intervals as the Parties may determine.
Article 20
LIABILITY AND COMPENSATION
The Parties shall co-operate in the formulation and
adoption of appropriate rules and procedures in
conformity with international law in respect of liability
and compensation for damage resulting from pollution of
the Convention Area.
Article 21
INSTITUTIONAL ARRANGEMENTS
1. The Organisation shall be responsible for carrying out
the following secretariat functions:
(a) to prepare and convene the meetings of Parties;
(b) to transmit to the Parties notifications, reports and
other information received in accordance with this
Convention and its Protocols;
(c) to perform the functions assigned to it by the
Protocols to this Convention;
(d) to consider enquiries by, and information from, the
Parties and to consult with them on questions relating to
this Convention and the Protocols;
(e) to co-ordinate the implementation of cooperative
activities agreed upon by the Parties;
(f) to ensure the necessary co-ordination with other
competent global, regional and sub-regional bodies;
(g) to enter into such administrative arrangements as may
be required for the effective discharge of the
secretariat functions;
(h) to perform such other functions as may be assigned to
it by the Parties; and
(i) to transmit to the South Pacific Conference and the
South Pacific Forum the reports of ordinary and
extraordinary meetings of the Parties.
2. Each Party shall designate an appropriate national
authority to serve as the channel of communication with
the Organisation for the purposes of this Convention.
Article 22
MEETINGS OF THE PARTIES
1. The Parties shall hold ordinary meetings once every
two years. Ordinary meetings shall review the
implementation of this Convention and its Protocols and,
in particular, shall:
(a) assess periodically the state of the environment in
the Convention Area;
(b) consider the information submitted by the Parties
under Article 19;
(c) adopt, review and amend as required annexes to this
Convention and to its Protocols, in accordance with the
provisions of Article 25;
(d) make recommendations regarding the adoption of any
Protocols or any amendments to this Convention or its
Protocols in accordance with the provisions of Articles
23 and 24;
(e) establish working groups as required to consider any
matters concerning this Convention and its Protocols;
(f) consider co-operative activities to be undertaken
within the framework of this Convention and its
Protocols, including their financial and institutional
implications and to adopt decisions relating thereto;
(g) consider and undertake any additional action that may
be required for the achievement of the purposes of this
Convention and its Protocols; and
(h) adopt by consensus financial rules and budget
prepared in consultation with the Organisation, to
determine, inter alia, the financial participation of the
Parties under this Convention and those Protocols to
which they are party.
2. The Organisation shall convene the first ordinary
meeting of the Parties not later than one year after the
date on which the Convention enters into force in
accordance with Article 31.
3. Extraordinary meetings shall be convened at the
request of any Party or upon the request of the
Organisation, provided that such requests are supported
by at least two-thirds of the Parties. It shall be the
function of an extraordinary meeting of the Parties to
consider those items proposed in the request for the
holding of the extraordinary meeting and any other items
agreed to by all the Parties attending the meeting.
4. The Parties shall adopt by consensus at their first
ordinary meeting, rules of procedure for their meetings.
Article 23
ADOPTION OF PROTOCOLS
1. The Parties may, at a conference of plenipotentiaries,
adopt Protocols to this Convention pursuant to paragraph
3 of Article 5.
2. If so requested by a majority of the Parties, the
Organisation shall convene a conference of
plenipotentiaries for the purpose of adopting Protocols
to this Convention.
Article 24
AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS
1. Any Party may pCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
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CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to protect and preserve rare or
fragile ecosystems and depleted, threatened or endangered
flora and fauna as well as their habitat in the
Convention Area. To this end, the Parties shall, as
appropriate, establish protected areas, such as parks and
reserves, and prohibit or regulate any activity likely to
have adverse effects on the species, ecosystems or
biological processes that such areas are designed to
protect. The establishment of such areas shall not affect
the rights of other Parties or third States under
international law. In addition, the Parties shall
exchange information concerning the administration and
management of such areas.
Article 15
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the
Convention Area, whatever the cause of such emergencies,
and to prevent, reduce and control pollution or the
threat of pollution resulting therefrom. To this end, the
Parties shall develop and promote individual contingency
plans and joint contingency plans for responding to
incidents involving pollution or the threat thereof in
the Convention Area.
2. When a Party becomes aware of a case in which the
Convention Area is in imminent danger of being polluted
or has been polluted, it shall immediately notify other
countries and territories it deems likely to be affected
by such pollution, as well as the Organisation.
Furthermore it shall inform as soon as feasible, such
other countries and territories and the Organisation of
any measures it has itself taken to reduce or control
pollution or the threat thereof.
Article 16
ENVIRONMENTAL IMPACT ASSESSMENT
1. The Parties agree to develop and maintain, with the
assistance of competent global, regional and subregional
organisations as requested, technical guidelines and
legislation giving adequate emphasis to environmental and
social factors to facilitate balanced development of
their natural resources and planning of their major
projects which might affect the marine environment in
such a way as to prevent or minimise harmful impacts on
the Convention Area.
2. Each Party shall, within its capabilities, assess the
potential effects of such projects on the marine
environment, so that appropriate measures can be taken to
prevent any substantial pollution of, or significant and
harmful changes within, the Convention Area.
3. With respect to the assessment referred to in
paragraph 2, each Party shall, where appropriate, invite:
(a) public comment according to its national procedures;
(b) other Parties that may be affected to consult with it
and submit comments.
The results of these assessments shall be communicated to
the Organisation, which shall make them available to
interested Parties.
Article 17
SCIENTIFIC AND TECHNICAL CO-OPERATION
1. The Parties shall co-operate, either directly or with
the assistance of competent global, regional and sub-
regional organisations, in scientific research,
environmental monitoring, and the exchange of data and
other scientific and technical information related to the
purposes of the Convention.
2. In addition, the Parties shall, for the purposes of
this Convention, develop and co-ordinate research and
monitoring programmes relating to the Convention Area and
co-operate, as far as practicable. in the establishment
and implementation of regional, sub-regional and
international research programmes.
Article 18
TECHNICAL AND OTHER ASSISTANCE
The Parties undertake to co-operate, directly and
when appropriate through the competent global, regional
and sub-regional organisations, in the provision to other
Parties of technical and other assistance in fields
relating to pollution and sound environmental management
of the Convention Area, taking into account the special
needs of the island developing countries and territories.
Article 19
TRANSMISSION OF INFORMATION
The Parties shall transmit to the Organisation
information on the measures adopted by them in the
implementation of this Convention and of Protocols to
which they are Parties, in such form and at such
intervals as the Parties may determine.
Article 20
LIABILITY AND COMPENSATION
The Parties shall co-operate in the formulation and
adoption of appropriate rules and procedures in
conformity with international law in respect of liability
and compensation for damage resulting from pollution of
the Convention Area.
Article 21
INSTITUTIONAL ARRANGEMENTS
1. The Organisation shall be responsible for carrying out
the following secretariat functions:
(a) to prepare and convene the meetings of Parties;
(b) to transmit to the Parties notifications, reports and
other information received in accordance with this
Convention and its Protocols;
(c) to perform the functions assigned to it by the
Protocols to this Convention;
(d) to consider enquiries by, and information from, the
Parties and to consult with them on questions relating to
this Convention and the Protocols;
(e) to co-ordinate the implementation of cooperative
activities agreed upon by the Parties;
(f) to ensure the necessary co-ordination with other
competent global, regional and sub-regional bodies;
(g) to enter into such administrative arrangements as may
be required for the effective discharge of the
secretariat functions;
(h) to perform such other functions as may be assigned to
it by the Parties; and
(i) to transmit to the South Pacific Conference and the
South Pacific Forum the reports of ordinary and
extraordinary meetings of the Parties.
2. Each Party shall designate an appropriate national
authority to serve as the channel of communication with
the Organisation for the purposes of this Convention.
Article 22
MEETINGS OF THE PARTIES
1. The Parties shall hold ordinary meetings once every
two years. Ordinary meetings shall review the
implementation of this Convention and its Protocols and,
in particular, shall:
(a) assess periodically the state of the environment in
the Convention Area;
(b) consider the information submitted by the Parties
under Article 19;
(c) adopt, review and amend as required annexes to this
Convention and to its Protocols, in accordance with the
provisions of Article 25;
(d) make recommendations regarding the adoption of any
Protocols or any amendments to this Convention or its
Protocols in accordance with the provisions of Articles
23 and 24;
(e) establish working groups as required to consider any
matters concerning this Convention and its Protocols;
(f) consider co-operative activities to be undertaken
within the framework of this Convention and its
Protocols, including their financial and institutional
implications and to adopt decisions relating thereto;
(g) consider and undertake any additional action that may
be required for the achievement of the purposes of this
Convention and its Protocols; and
(h) adopt by consensus financial rules and budget
prepared in consultation with the Organisation, to
determine, inter alia, the financial participation of the
Parties under this Convention and those Protocols to
which they are party.
2. The Organisation shall convene the first ordinary
meeting of the Parties not later than one year after the
date on which the Convention enters into force in
accordance with Article 31.
3. Extraordinary meetings shall be convened at the
request of any Party or upon the request of the
Organisation, provided that such requests are supported
by at least two-thirds of the Parties. It shall be the
function of an extraordinary meeting of the Parties to
consider those items proposed in the request for the
holding of the extraordinary meeting and any other items
agreed to by all the Parties attending the meeting.
4. The Parties shall adopt by consensus at their first
ordinary meeting, rules of procedure for their meetings.
Article 23
ADOPTION OF PROTOCOLS
1. The Parties may, at a conference of plenipotentiaries,
adopt Protocols to this Convention pursuant to paragraph
3 of Article 5.
2. If so requested by a majority of the Parties, the
Organisation shall convene a conference of
plenipotentiaries for the purpose of adopting Protocols
to this Convention.
Article 24
AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS
1. Any Party may propose amendments to this Convention.
Amendments shall be adopted by a conference of
plenipotentiaries which shall be convened by the
Organisation at the request of two-thirds of the Parties.
2. Any Party to this Convention may propose amendments to
any Protocol. Such amendments shall be adopted by a
conference of plenipotentiaries which shall be convened
by the Organisation at the request of two-thirds of the
Parties to the Protocol concerned.
3. A proposed amendment to the Convention or any Protocol
shall be communicated to the Organisation which shall
promptly transmit such proposal for consideration to all
the other Parties.
4. A conference of plenipotentiaries to consider a
proposed amendment to the Convention or any Protocol
shall be convened not less than ninety days after the
requirements for the convening of the Conference have
been met pursuant to paragraphs 1 or 2, as the case may
be.
5. Any amendment to this Convention shall be adopted by a
three-fourths majority vote of the Parties to the
Convention which are represented at the conference of
plenipotentiaries and shall be submitted by the
Depositary for acceptance by all Parties to the
Convention. Amendments to any Protocol shall be adopted
by a three-fourths majority vote of the Parties to the
Protocol which are represented at the conference of
plenipotentiaries and shall be submitted by the
Depositary for acceptance by all Parties to the Protocol.
6. Instruments of ratification, acceptance or approval of
amendments shall be deposited with the Depositary.
Amendments shall enter into force between Parties having
accepted such amendments of the instruments on the
thirtieth day following the date of receipt by the
Depositary of the instruments of at least three-fourths
of the Parties to this Convention or to the Protocol
concerned, as the case may be. Thereafter the amendments
shall enter into force for any other Party on the
thirtieth day after the date on which that Party deposits
its instrument.
7. After the entry into force of an amendment to this
Convention or to a Protocol, any new Party to the
Convention or such Protocol shall become a Party to the
Convention or Protocol as amended.
Article 25
ANNEXES AND AMENDMENT OF ANNEXES
1. Annexes to this Convention or to any Protocol shall
form an integral part of the Convention or such Protocol
respectively.
2. Except as may be otherwise provided in any Protocol
with respect to its annexes, the following procedures
shall apply to the adoption and entry into force of any
amendments to annexes to this Convention or to annexes to
any Protocol:
(a) any Party may propose amendments to the annexes to
this Convention or annexes to any Protocol;
(b) any proposed amendment shall be notified by the
Organisation to the Parties not less than sixty days
before the convening of a meeting of the Parties unless
this requirement is waived by the meeting;
(c) such amendments shall be adopted at a meeting of the
Parties by a three-fourths majority vote of the Parties
to the instrument in question;
(d) the Depositary shall without delay communicate the
amendments so adopted to all Parties;
(e) any Party that is unable to approve an amendment to
the annexes to this Convention or to annexes to any
Protocol shall so notify in writing to the Depositary
within one hundred days from the date of the
communication of the amendment by the Depositary. A Party
may at any time substitute an acceptance for a previous
declaration of objection, and the amendment shall
thereupon enter into force for that Party;
(f ) the Depositary shall without delay notify all
Parties of any notification received pursuant to the
preceding sub-paragraph; and
(g) on expiry of the period referred to in subparagraph
(e) above, the amendment to the annex shall become
effective for all Parties to this Convention or to the
Protocol concerned which have not submitted a
notification in accordance with the provisions of that
sub-paragraph.
3. The adoption and entry into force of a new annexCONVENTION FOR THE PROTECTION OF THE NATURAL RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC REGION
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CONVENTION FOR THE PROTECTION OF THE NATURAL
RESOURCES AND ENVIRONMENT OF THE SOUTH PACIFIC
REGION
Noumea, 24 November 1986
The Parties,
Fully aware of the economic and social value of the
natural resources of the environment of the South Pacific
Region;
Taking into account the traditions and cultures of
the Pacific people as expressed in accepted customs and
practices;
Conscious of their responsibility to preserve their
natural heritage for the benefit and enjoyment of present
and future generations;
Recognizing the special hydrological, geological and
ecological characteristics of the region which requires
special care and responsible management;
Recognizing further the threat to the marine and
coastal environment, its ecological equilibrium,
resources and legitimate uses posed by pollution and by
the insufficient integration of an environmental
dimension into the development process;
Seeking to ensure that resource development shall be
in harmony with the maintenance of the unique
environmental quality of the region and the evolving
principles of sustained resource management;
Realizing fully the need for co-operation amongst
themselves and with competent international, regional and
sub-regional organizations in order to ensure a co-
ordinated and comprehensive development of the natural
resources of the region;
Recognizing the desirability for the wider acceptance
and national implementation of international agreements
already in existence concerning the marine and coastal
environment;
Noting, however, that existing international
agreements concerning the marine and coastal environment
do not cover, in spite of the progress achieved, all
aspects and sources of marine pollution and environmental
degradation and do not entirely meet the special
requirements of the South Pacific Region;
Desirous to adopt the regional convention to
strengthen the implementation of the general objective of
the Action Plan for Managing the Natural Resources and
Environment of the South Pacific Region adopted at
Rarotonga, Cook Islands, on 11 March 1982;
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
1. This Convention shall apply to the South Pacific
Region, hereinafter referred to as "the Convention Area"
as defined in paragraph (a) of Article 2.
2. Except as may be otherwise provided in any Protocol to
this Convention, the Convention Area shall not include
internal waters or archipelagic waters of the Parties as
defined in accordance with international law.
Article 2
DEFINITIONS
For the purposes of this Convention and its Protocols
unless otherwise defined in any such Protocol:
(a) the "Convention Area" shall comprise:
(i) the 200 nautical mile zones established in
accordance with international law off:
American Samoa
Australia (East coast and Islands to eastward including
Macquarie Island)
Cook Islands
Federated States of Micronesia
French Polynesia
Guam
Kiribati
Marshall Islands
Nauru
New Caledonia and Dependencies
New Zealand
Niue
Northern Mariana Islands
Palau
Papua New Guinea
Pitcairn Islands
Solomon Islands
Tokelau
Tonga
Tuvalu
Vanuatu
Wallis and Futuna
Western Samoa
(ii) those areas of high seas which are enclosed from
all sides by the 200 nautical mile zones referred to in
sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been
included in the Convention Area pursuant to Article 3;
(b) "dumping" means:
Ñ any deliberate disposal at sea of wastes or other
matter from vessels, aircraft, platforms or other man-
made structures;
Ñ any deliberate disposal at sea of vessels, aircraft,
platforms or other man-made structures at sea;
"dumping" does not include:
Ñ the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea
and their equipment, other than wastes or other matter
transported by or to vessels, aircraft, platforms or
other man-made structures at sea, operating for the
purpose of treatment of such wastes or other matter on
such vessels, aircraft, platforms or structures;
Ñ placement of matter for a purpose other than the
mere disposal thereof, provided that such placement is
not contrary to the aims of this Convention;
(c) "wastes or other matter" means material and
substances of any kind, form or description;
(d) the following wastes or other matter shall be
considered to be non-radioactive: sewage sludge, dredge
spoil, fly ash, agricultural wastes, construction
materials, vessels, artificial reef building materials
and other such materials provided that they have not been
contaminated with radio nuclides of anthropogenic origin
(except dispersed global fallout from nuclear weapons
testing), nor are potential sources of naturally
occurring radio nuclides for commercial purposes, nor
have been enriched in natural or artificial radio
nuclides;
If there is a question as to whether the material to
be dumped should be considered non-radioactive, for the
purposes of this Convention, such material shall not be
dumped unless the appropriate national authority of the
proposed dumper confirms that such dumping would not
exceed the individual and collective dose limits of the
International Atomic Energy Agency general principles for
the exemption of radiation sources and practices from
regulatory control. The national authority shall also
take into account the relevant recommendations, standards
and guidelines developed by the International Atomic
Energy Agency.
(e) "vessels" and "aircraft" means waterborne or airborne
craft of any type whatsoever. This expression includes
air cushioned craft and floating craft, whether self-
propelled or not;
(f) "pollution'' means the introduction by man, directly
or indirectly, of substances or energy into the marine
environment (including estuaries) which results or is
likely to result in such deleterious effects as harm to
living resources and marine life, hazards to human
health, hindrance to marine activities including fishing
and other legitimate uses of the sea, impairment of
quality for use of sea water and reduction of amenities;
In applying this definition to the Convention
obligations, the Parties shall use their best endeavours
to comply with the appropriate standards and
recommendations established by competent international
organizations, including the International Atomic Energy
Agency;
(g) "Organisation" means the South Pacific Commission;
(h) "Director" means the Director of the South Pacific
Bureau for Economic Co-operation.
Article 3
ADDITION TO THE CONVENTION AREA
Any Party may add areas under its jurisdiction within
the Pacific Ocean between the Tropic of Cancer and 60
degrees South latitude and between 130 degrees East
longitude and 120 degrees West longitude to the
Convention Area. Such addition shall be notified to the
Depositary who shall promptly notify the other Parties
and the Organisation. Such areas shall be incorporated
within the Convention Area ninety days after notification
to the Parties by the Depositary provided there has been
no objection to the proposal to add new areas by any
Party affected by that proposal. If there is any such
objection the Parties concerned will consult with a view
to resolving the matter.
Article 4
GENERAL PROVISIONS
1. The Parties shall endeavour to conclude bilateral or
multilateral agreements, including regional or sub-
regional agreements, for the protection, development and
management of the marine and coastal environment of the
Convention Area. Such agreements shall be consistent with
this Convention and in accordance with international law.
Copies of such agreements shall be communicated to the
Organisation and through it to all Parties to this
Convention .
2. Nothing in this Convention or its Protocols shall be
deemed to affect obligations assumed by a Party under
agreements previously concluded.
3. Nothing in this Convention and its Protocols shall be
construed to prejudice or affect the interpretation and
application of any provision or term in the Convention on
the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972.
4. This Convention and its Protocols shall be construed
in accordance with international law relating to their
subject matter.
5. Nothing in this Convention and its Protocols shall
prejudice the present or future claims and legal views of
any Party concerning the nature and extent of maritime
jurisdiction.
6. Nothing in this Convention shall affect the sovereign
right of States to exploit, develop and manage their own
natural resources pursuant to their own policies, taking
into account their duty to protect and preserve the
environment. Each Party shall ensure that activities
within its jurisdiction or control do not cause damage to
the environment of other States or of areas beyond the
limits of its national jurisdiction.
Article 5
GENERAL OBLIGATIONS
1. The Parties shall endeavour, either individually or
jointly, to take all appropriate measures in conformity
with international law and in accordance with this
Convention and those Protocols in force to which they are
party to prevent, reduce and control pollution of the
Convention Area, from any source, and to ensure sound
environmental management and development of natural
resources, using for this purpose the best practicable
means at their disposal, and in accordance with their
capabilities. In doing so the Parties shall endeavour to
harmonize their policies at the regional level.
2. The Parties shall use their best endeavours to ensure
that the implementation of this Convention shall not
result in an increase in pollution in the marine
environment outside the Convention Area.
3. In addition to the Protocol for the Prevention of
Pollution of the South Pacific Region by Dumping and the
Protocol Concerning Co-operation in Combating Pollution
Emergencies in the South Pacific Region, the Parties
shall co-operate in the formulation and adoption of other
Protocols prescribing agreed measures, procedures and
standards to prevent, reduce and control pollution from
all sources or in promoting environmental management in
conformity with the objectives of this Convention .
4. The Parties shall, taking into account existing
internationally recognized rules, standards, practices
and procedures, co-operate with competent global regional
and sub-regional organisations to establish and adopt
recommended practices, procedures and measures to
prevent, reduce and control pollution from all sources
and to promote sustained resource management and to
ensure the sound development of natural resources in
conformity with the objectives of this Convention and its
Protocols. and to assist each other in fulfilling their
obligations under this Convention and its Protocols.
5. The Parties shall endeavour to establish laws and
regulations for the effective discharge of the
obligations prescribed in this Convention. Such laws and
regulations shall be no less effective than international
rules, standards and recommended practices and
procedures.
Article 6
POLLUTION FROM VESSELS
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by discharges from vessels, and to ensure the
effective application in the Convention Area of the
generally accepted international rules and standards
established through the competent international
organisation or general diplomatic conference relating to
the control of pollution from vessels.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by coastal disposal or by discharges
emanating from rivers, estuaries, coastal establishments,
outfall structures, or any other sources in their
territory.
Article 8
POLLUTION FROM SEABED ACTIVITIES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting directly or indirectly from exploration
and exploitation of the seabed and its subsoil.
Article 9
AIRBORNE POLLUTION
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from discharges into the atmosphere from
activities under their jurisdiction.
Article 10
DISPOSAL OF WASTES
1. The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area caused by dumping from vessels, aircraft, or man-
made structures at sea, including the effective
application of the relevant internationally recognized
rules and procedures relating to the control of dumping
of wastes and other matter. The Parties agree to prohibit
the dumping of radioactive wastes or other radioactive
matter in the Convention Area. Without prejudice to
whether or not disposal into the seabed and subsoil of
wastes or other matter is "dumping", the Parties agree to
prohibit the disposal into the seabed and subsoil of the
Convention Area of radioactive wastes or other
radioactive matter.
2. This article shall also apply to the continental shelf
of a Party where it extends, in accordance with
international law, outward beyond the Convention Area .
Article 11
STORAGE OF TOXIC AND HAZARDOUS WASTES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area resulting from the storage of toxic and hazardous
wastes. In particular, the Parties shall prohibit the
storage of radioactive wastes or other radioactive matter
in the Convention Area.
Article 12
TESTING OF NUCLEAR DEVICES
The Parties shall take all appropriate measures to
prevent, reduce and control pollution in the Convention
Area which might result from the testing of nuclear
devices.
Article 13
MINING AND COASTAL EROSION
The Parties shall take all appropriate measures to
prevent, reduce and control environmental damage in the
Convention Area, in particular coastal erosion caused by
coastal engineering, mining activities, sand removal,
land reclamation and dredging.
Article 14
SPECIALLY PROTECTED AREAS AND PROTECTION OF WILD FLORA
AND FAUNA
The Parties shall, individually or jointly, take all
appropriate measures to p