The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/621

2020 No. 621

Marine Pollution

The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

Made 29th June 2020

Laid before Parliament 30th June 2020

Coming into force 22th July 2020

The Secretary of State, in exercise of the powers conferred by articles 4, 5 and 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 20061, articles 2(1), (2)(a) to (g), (3) and 3 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19962and sections 128(5), 128(6) and 306A of the Merchant Shipping Act 19953makes the following Regulations.

1 General

PART 1

General

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020.

(2) These Regulations come into force on 22nd July 2020.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the 1995 Act” means the Merchant Shipping Act 1995;

“Annex V” means Annex V to the Convention4;

“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 20145as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of UNCLOS (Protection and Preservation of the Marine Environment);

“the Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocols of 1978 and 19976;

“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

“GT” means gross tonnage and the gross tonnage of a ship is to be determined, for the purposes of these Regulations, in accordance with the Schedule (gross tonnage);

“harbour master” incudes a dock master, pier master and any person specifically appointed by a harbour authority within the meaning of section 151(1) (interpretation) of the 1995 Act for the purpose of enforcing the provisions of these Regulations;

“the IMSBC Code” means the International Maritime Solid Bulk Cargoes (IMSBC) Code7;

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—

(a) transferred between ships;

(b) loaded onto a ship after having been transported from the shoreline; or

(c) unloaded from a ship for transporting to the shoreline;

“Polar Code” has the meaning given to it in regulation 13 of Annex V (definitions)8;

“sea” includes any estuary or arm of the sea;

“ship” means a vessel of any type whatsoever which is operating in the marine environment, including a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft and a fixed or floating platform;

“SOLAS” means the International Convention for the Safety of Life at Sea, 19749; and

“UNCLOS” means the United Nations Convention on the Law of the Sea10.

(2) In these Regulations the following terms have the meaning given in regulation 1 of Annex V (definitions)—

(a)

(a) “Antarctic area”;

(b)

(b) “fixed or floating platform”; and

(c)

(c) “garbage”.

(3) For the purposes of these Regulations—

(a)

(a) subject to sub-paragraph (b), a “discharge” in relation to garbage, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

(b)

(b) a “discharge” does not include—

(i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, signed at London on 13th November 1972, as amended by the 1996 Protocol11; or

(ii) the release of garbage for the purposes of legitimate scientific research into pollution abatement or control; and

(c)

(c) a “United Kingdom ship” means a ship which—

(i) is registered in the United Kingdom; or

(ii) is not registered under the law of any country but is wholly owned by persons each of whom is—

(aa) a British Citizen, a British overseas territories citizen or a British overseas citizen; or

(bb) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.

S-3 Ambulatory reference

Ambulatory reference

3.—(1) Any reference in these Regulations to the Convention, an Annex to the Convention, the Polar Code or the IMSBC Code is to be construed—

(a)

(a) as a reference to the Convention, an Annex to the Convention, the Polar Code or the IMSBC Code as modified from time to time; and

(b)

(b) as, if the Convention, an Annex to the Convention, the Polar Code or the IMSBC Code is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1)—

(a)

(a) the Convention, an Annex to the Convention or the Polar Code is modified or replaced if a modification or replacement takes effect in accordance with Article 16 (Amendments) of the Convention; and

(b)

(b) the IMSBC Code is modified or replaced if a modification or replacement takes effect in accordance with Article VIII (Amendments) of SOLAS.

(3) A modification or replacement of—

(a)

(a) the Convention, an Annex to the Convention or the Polar Code has effect at the time such modification or replacement comes into force in accordance with Article 16 (Amendments) of the Convention; and

(b)

(b) the IMSBC Code has effect at the time such modification or replacement comes into force in accordance with Article VIII (Amendments) of SOLAS.

S-4 Application

Application

4.—(1) Subject to paragraph (2), these Regulations apply to—

(a)

(a) United Kingdom ships, wherever they may be; and

(b)

(b) other ships while they are within United Kingdom waters or controlled waters.

(2) These Regulations do not apply to any—

(a)

(a) warship;

(b)

(b) naval auxiliary ship; or

(c)

(c) other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

2 Discharge of Garbage

PART 2

Discharge of Garbage

S-5 Prohibition on the discharge of garbage

Prohibition on the discharge of garbage

5.—(1) The discharge of garbage from a ship into the sea is prohibited except as provided in—

(a)

(a) regulation 4 of Annex V (discharge of garbage outside special areas);

(b)

(b) regulation 5 of Annex V (special requirements for discharge of garbage from fixed or floating platforms);

(c)

(c) regulation 6 of Annex V (discharge of garbage within special areas);

(d)

(d) section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships); and

(e)

(e) regulation 8 (exceptions).

(2) For the purposes of regulation 4.2 of Annex V and regulation 6.2 of Annex V (discharge of cleaning agents or additives) a substance will be “harmful to the marine environment” where it—

(a)

(a) falls within the definition of a “harmful substance” in regulation 1 of Annex III to the Convention12; and

(b)

(b) contains any components which are known to be carcinogenic, mutagenic or reprotoxic.

S-6 Mixed garbage

Mixed garbage

6.—(1) In these Regulations where garbage is mixed with—

(a)

(a) substances regulated by an Annex to the Convention other than Annex V; or

(b)

(b) other types of garbage,

the more stringent discharge requirements apply to the mixture.

(2) In paragraph (1) “mixed” includes contaminated.

S-7 Restriction on United Kingdom ships entering the Antarctic area

Restriction on United Kingdom ships entering the Antarctic area

7. A United Kingdom ship must not enter the Antarctic area unless—

(a) it has sufficient capacity for the retention on board of all garbage while operating in that area; and

(b) it has concluded arrangements for the discharge of that retained garbage at a reception facility outside of the Antarctic area.

S-8 Exceptions

Exceptions

8.—(1) Regulations 5(1) (prohibition on the discharge of garbage) and 6 (mixed garbage) do not apply to—

(a)

(a) the discharge of garbage necessary for the purpose of—

(i) securing the safety of a ship and those on board the ship; or

(ii) saving life at sea;

(b)

(b) the accidental loss of garbage—

(i) which is a result of damage to a ship or its equipment; and

(ii) where all reasonable precautions have been taken before and after the occurrence of the damage to prevent or minimise the accidental loss;

(c)

(c) the accidental loss of fishing gear, provided that all reasonable precautions have been taken to prevent the accidental loss; or

(d)

(d) the discharge of fishing gear for—

(i) the protection of the marine environment; or

(ii) for the safety of a ship or its crew.

(2) The requirement in—

(a)

(a) regulation 4 of Annex V (discharge of garbage outside special areas);

(b)

(b) regulation 6 of Annex V (discharge of garbage within special areas); and

(c)

(c) section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships),

that the discharge of garbage is only permitted while a ship is en route, does not apply to a discharge of food wastes where the retention on board a ship of the food wastes presents an imminent health risk to the persons on board.

(3) Where fishing gear accidentally lost or discharged pursuant to paragraph (1)(c) or (d) poses a significant threat to—

(a)

(a) the marine environment; or

(b)

(b) navigation,

the accidental loss or discharge must be reported in accordance with paragraph (4).

(4) A report under paragraph (3) must be to—

(a)

(a) the ship’s flag State; and

(b)

(b) any coastal State which has jurisdiction over the waters where the accidental loss or discharge occurred.

(5) In this regulation the following terms have the meaning given in regulation 1 of Annex V (definitions)—

(a)

(a) “en route”;

(b)

(b) “fishing gear”; and

(c)

(c) “food wastes”.

3 Solid Bulk Cargoes

PART 3

Solid Bulk Cargoes

S-9 Declaration regarding solid bulk cargoes

Declaration regarding solid bulk cargoes

9.—(1) A shipper of solid bulk cargo on a ship to which these Regulations apply must make a declaration to the owner or master in the form specified in section 4.2.3 of the IMSBC Code as to whether the...

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