Applications and criteria for granting permits

(1) An application for a permit shall be submitted to the Minister in the prescribed form and shall contain all information as may be prescribed and shall be accompanied by the prescribed fee. CAP. 145. (2) Subject to this section, and to the provisions of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, the Minister may grant or refuse an application for a permit required under sections 15 and 16. (3) In determining whether to grant a permit, the Minister shall take into account the factors specified in Part II of the Schedule and any other factors which the Minister may consider necessary. (4) The Minister may, after consultation with the Department, grant a permit containing terms and conditions as he considers necessary in the interest of human life, marine life, or any legitimate uses of the sea, and, without limiting the generality of the foregoing, the permit may contain terms and conditions relating to any of the following as are applicable– (a) the nature of the substance that may be dumped or disposed of and the quantity of the (b) the method and frequency of the dumping or disposal authorised including, if necessary, the date or dates on which dumping or disposal is authorized; (c) the manner of loading and stowing the substance authorised to be dumped or disposed of; (d) the site at which dumping or disposal may take place; 28 (e) the route to be followed by the ship or aircraft transporting the substance to the site of the dumping or disposal; and (f) any special precautions to be taken respecting the loading, transporting, dumping or disposal of the substance. (5) No permit may be granted in respect of a substance specified on the list of hazardous substances in the Schedule unless, in the opinion of the Minister– (a) the substance is rapidly rendered harmless by physical, chemical or biological process of the sea and does not render normally edible marine organisms inedible or unpalatable or endanger human health or the health of animals; (b) the substance is specified in any of items 1 to 5 of the list of hazardous substances in the Schedule and is contained in another substance in a quantity or concentration that does not exceed the prescribed quantity or concentration; (c) the dumping or disposal of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to human health and admits of no other feasible solution; or (d) the substance is to be transformed by incineration or other means of thermal degradation and any substance that results from such transformation is29 (i) a substance in respect of which a permit may be granted under paragraph (a) or (b); or (ii) a substance that is not specified on the list of hazardous substances in the (6) A permit shall specify that it is valid for– (a) a particular date or dates; or (b) a particular period that shall not exceed one year. (7) The Minister may suspend or revoke a permit or vary its terms and conditions where the Minister considers it advisable to do so.