Act No. 15 on the Protection of the Marine Environment.
Type of law
Legislation
Abstract
This Greenland Act establishes a comprehensive legal framework to safeguard Greenland’s marine ecosystems. Its objectives include ensuring sustainable societal development, preventing pollution, and protecting human health, marine life, and recreational values. The law applies broadly to ships and aircraft in Greenlandic territorial waters, major construction projects at sea, and activities on ice-covered areas, while excluding military vessels and projects covered by other environmental or mineral resource legislation. Fundamental principles such as the ecosystem approach, the precautionary principle, the “polluter pays” principle, and reliance on best available technology are emphasized in its administration.
The Act regulates different sources of marine pollution in detail. It prohibits the discharge of oil, harmful liquid substances, waste, sewage, and hazardous packaged goods into Greenlandic waters, while also restricting dumping, incineration, and the disposal of ballast water and sediments unless specific permissions or technical standards are met. Rules are set for port reception facilities, abandoned ships, and atmospheric pollution from ships, including restrictions on incineration, use of ozone-depleting substances, and fuel quality. Large construction projects at sea require prior environmental impact assessment (VVM), with mandatory reporting and possible conditions on approval. These measures align with international maritime conventions such as MARPOL and the Ballast Water Convention, ensuring Greenlandic law reflects global standards.
The Act also establishes mechanisms for preparedness, enforcement, and reporting. Naalakkersuisut (the Government of Greenland) is responsible for pollution response, either directly or via agreements with municipalities or private companies, and must maintain contingency plans that emphasize early intervention. Reporting obligations are imposed on shipowners, pilots, aircraft operators, and port authorities in the event of spills, accidents, or illegal discharges. Enforcement tools include inspections, prohibitions on navigation, denial of port access, detention of vessels, and requirements for financial security to cover cleanup costs. Costs of pollution response are generally borne by polluters, though public authorities cover them if the responsible party cannot be held liable.
Finally, the law provides for public participation, appeals, sanctions, and international coordination. Certain decisions must be published and can be appealed to the Environmental Protection Appeals Board by affected parties, organizations, or authorities. Violations are punishable by fines, which may be increased in cases of gross negligence, intent, or significant environmental harm. Sanctions can also apply to legal persons, municipalities, and even the Government of Greenland itself. Exemptions exist in emergencies, such as actions taken to save human lives or ships in distress.
The Act regulates different sources of marine pollution in detail. It prohibits the discharge of oil, harmful liquid substances, waste, sewage, and hazardous packaged goods into Greenlandic waters, while also restricting dumping, incineration, and the disposal of ballast water and sediments unless specific permissions or technical standards are met. Rules are set for port reception facilities, abandoned ships, and atmospheric pollution from ships, including restrictions on incineration, use of ozone-depleting substances, and fuel quality. Large construction projects at sea require prior environmental impact assessment (VVM), with mandatory reporting and possible conditions on approval. These measures align with international maritime conventions such as MARPOL and the Ballast Water Convention, ensuring Greenlandic law reflects global standards.
The Act also establishes mechanisms for preparedness, enforcement, and reporting. Naalakkersuisut (the Government of Greenland) is responsible for pollution response, either directly or via agreements with municipalities or private companies, and must maintain contingency plans that emphasize early intervention. Reporting obligations are imposed on shipowners, pilots, aircraft operators, and port authorities in the event of spills, accidents, or illegal discharges. Enforcement tools include inspections, prohibitions on navigation, denial of port access, detention of vessels, and requirements for financial security to cover cleanup costs. Costs of pollution response are generally borne by polluters, though public authorities cover them if the responsible party cannot be held liable.
Finally, the law provides for public participation, appeals, sanctions, and international coordination. Certain decisions must be published and can be appealed to the Environmental Protection Appeals Board by affected parties, organizations, or authorities. Violations are punishable by fines, which may be increased in cases of gross negligence, intent, or significant environmental harm. Sanctions can also apply to legal persons, municipalities, and even the Government of Greenland itself. Exemptions exist in emergencies, such as actions taken to save human lives or ships in distress.
Attached files
Web site
Date of text
Entry into force notes
This Act entered into force on 1 August 2017. The requirements for the handling of ballast water and sediments in Chapter 6, in rules laid down pursuant thereto, and in Annex 1, shall enter into force 3 years after this date.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Inatsisartutlov om beskyttelse af havmiljøet.
Implemented by