The Merchant Shipping (Port Waste Reception Facilities) Regulations 1997

• Citation: S.I. 1997/3018
• Sections: 16

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997 and shall come into force on 27th January 1998.

Section 2 Interpretation

(1) In these Regulations—

“adequate” means, in relation to waste reception facilities for prescribed waste from ships, adequate to receive prescribed waste from ships using the harbour or terminal in question without causing undue delay to, and according to the needs of, those ships;

“harmful substances in packaged form” means those substances which are identified as marine pollutants in the IMDG Code and which are in the form of containment specified in the schedules of that Code;

“the IMDG Code” means the 1994 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time by any document which is considered by the Secretary of State to be relevant and is specified in a Merchant Shipping Notice;

“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;

“Merchant Shipping Notice” means a Notice described as such and issued by the Secretary of State; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“noxious liquid substances” and “non-polluting liquid substances” have the meanings respectively given to them in the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 ;

“oil” and “oily mixtures” have the meanings respectively given to them in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 ;

“operational waste” means all maintenance wastes, cargo associated wastes and cargo residues except residues or wastes from oil or oily mixtures, noxious liquid substances, non-polluting liquid substances or harmful substances in packaged form;

“prescribed wastes” means any waste of the following descriptions:

garbage;

oil and oily mixtures; and

noxious liquid substances.

(2) Any approval given pursuant to these Regulations shall be given in writing and shall specify the conditions (if any) on which it is given.

Section 3 Application

These Regulations apply to any harbour or terminal within a harbour in the United Kingdom.

Section 4 Requirement to provide adequate port waste reception facilities

(1) Every harbour authority in respect of a harbour and terminal operator in respect of a terminal to which these Regulations apply shall provide adequate facilities for the reception of prescribed wastes from ships using the harbour or terminal.

(2) In assessing the adequacy of the waste reception facilities provided in its harbour or terminal the relevant harbour authority or terminal operator shall have regard to—

(a) the Secretary of State’s guidance as laid down in Merchant Shipping Notice M 1462; and

(b) any waste management plan approved in relation to the harbour or terminal pursuant to regulation 10 below or prepared by the Secretary of State pursuant to regulation 11 below.

Section 5 Requirement to provide adequate port waste reception facilities

For the purposes of regulation 4 above the powers of a harbour authority or terminal operator to provide waste reception facilities shall include power to join with any other person in providing them, and references in these Regulations to the provision of such reception facilities by a harbour authority or terminal operator shall be construed accordingly; and any such power shall also include power to arrange for the provision of such reception facilities by any other person.

Section 6 Direction to provide adequate port waste reception facilities

Where in respect of any harbour or terminal it appears to the Secretary of State, after consultation with the relevant harbour authority or terminal operator, that—

(a) the harbour or terminal has no waste reception facilities for the reception of prescribed wastes from ships; or

(b) if the harbour or terminal has such waste reception facilities, those facilities are not adequate,

the Secretary of State may direct the harbour authority or terminal operator to provide, or arrange for the provision of, such waste reception facilities as may be specified in the direction.

Section 7 Use of port waste reception facilities

Any waste reception facilities provided by, or by arrangement with, a harbour authority or terminal operator shall be open to all ships which in the opinion of the harbour authority or terminal operator are using the harbour or terminal for a primary purpose other than to utilise the reception facilities, on payment of any charges and compliance with any reasonable conditions imposed.

Section 8 Requirement on a harbour authority to prepare a waste management plan

(1) Without prejudice to regulation 4(1), every harbour authority in respect of a harbour to which these Regulations apply shall prepare a waste management plan with respect to the provision and use of facilities for the reception of prescribed wastes from ships using the harbour.

(2) In preparing a waste management plan for the purposes of paragraph (1) above a harbour authority shall—

(a) consult such persons as the Secretary of State may prescribe in Merchant Shipping Notice MSN 1709 or in a particular case direct; and

(b) comply with the other requirements specified in Merchant Shipping Notice MSN 1709.

Section 9 Direction to a terminal operator to prepare a waste management plan

The Secretary of State may direct that a terminal operator shall prepare a waste management plan with respect to the provision and use of facilities for the reception of prescribed wastes from ships using any terminal operated by the terminal operator which is within a harbour to which these Regulations apply and is specified in the direction.

Section 10 Waste management plans to be submitted to the Secretary of State for approval

(1) Any waste management plan prepared pursuant to either regulation 8 above or a direction made under regulation 9 above shall be submitted to the Secretary of State for his approval in accordance with the procedure specified in Merchant Shipping Notice MSN 1709.

(2) The Secretary of State may either—

(a) reject the plan submitted; or

(b) approve the plan with or without modifications.

(3) A plan which has been approved by the Secretary of State pursuant to paragraph (2) above or prepared by the Secretary of State pursuant to regulation 11 below shall be implemented by the harbour authority or the terminal operator for the harbour or terminal to which the plan relates.

Section 11 Power of Secretary of State to prepare a waste management plan

If the Secretary of State is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, the Secretary of State may prepare such a plan.

Section 12 Direction to implement a waste management plan

The Secretary of State may direct any harbour authority or terminal operator to take such steps as are specified for the purposes of securing the implementation of an approved waste management plan in respect of the relevant harbour or terminal.

Section 13 Exemptions

(1) The Secretary of State may grant exemptions from all or any of the provisions of these Regulations in respect of any harbour authority or terminal operator.

(2) Any exemptions granted under paragraph (1) above shall be given in writing.

Section 14 Penalties

Any harbour authority or terminal operator which fails to comply with—

(a) any requirement of these Regulations in relation to the provision and use of waste reception facilities;

(b) the requirements of regulation 10 above; or

(c) any direction given pursuant to these Regulations in relation to the provision of waste reception facilities or the preparation or implementation of a waste management plan,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Section 15 Amendment of Fees Regulations

In the Schedule to the Merchant Shipping (Fees) Regulations 1997 , after Part XII, there shall be added the following Part:

FEES IN RESPECT OF WASTE MANAGEMENT PLANS

In this Part, “the Regulations” means the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997.

(1) The Secretary of State’s approval of a waste management plan prepared by a harbour authority or terminal operator in respect of a harbour or terminal pursuant to regulation 10(2) of the Regulations.

(2) The preparation of a waste management plan in respect of a harbour or terminal by the Secretary of State pursuant to regulation 11 of the Regulations.

Section 16 Revocations

The following instruments are hereby revoked—

(a) the Prevention of Pollution (Reception Facilities) Order 1984 ; and

(b) the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988