Document ID: chunk:federal_register_of_legislation:C2004A00699:schedule:1:p17
Version: federal_register_of_legislation:C2004A00699
Segment Type: schedule
Provision Reference: sch 1 (pt 17/20)
Character Range: 82353–85440

the proposed dump‑site(s), fluxes, and proposed disposal techniques and specify the potential effects on human health, living resources, amenities and other legitimate uses of the sea. It should define the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.

    14 An analysis of each disposal option should be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option should not be considered further. In addition, if the interpretation of the comparative assessment shows the dumping option to be less preferable, a permit for dumping should not be given.

    15 Each assessment should conclude with a statement supporting a decision to issue or refuse a permit for dumping.

MONITORING

    16 Monitoring is used to verify that permit conditions are met ‑ compliance monitoring ‑ and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health ‑ field monitoring. It is essential that such monitoring programmes have clearly defined objectives.

PERMIT AND PERMIT CONDITIONS

    17 A decision to issue a permit should only be made if all impact evaluations are completed and the monitoring requirements are determined. The provisions of the permit shall ensure, as far as practicable, that environmental disturbance and detriment are minimized and the benefits maximized. Any permit issued shall contain data and information specifying:

         .1 the types and sources of materials to be dumped;

         .2 the location of the dump‑site(s);

         .3 the method of dumping; and

         .4 monitoring and reporting requirements.

    18 Permits should be reviewed at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes. Review of monitoring results will indicate whether field programmes need to be continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment.

    ANNEX 3

ARBITRAL PROCEDURE

Article 1

    1 An Arbitral Tribunal (hereinafter referred to as the "Tribunal") shall be established upon the request of a Contracting Party addressed to another Contracting Party in application of article 16 of this Protocol. The request for arbitration shall consist of a statement of the case together with any supporting documents.

    2 The requesting Contracting Party shall inform the Secretary‑General of:

 .1 its request for arbitration; and

         .2 the provisions of this Protocol the interpretation or application of which is, in its opinion, the subject of disagreement.