Dumping at Sea Act 1974

Restrictions on dumping in the sea.

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• (1) Subject to the provisions of this section, no person, except in pursuance of a licence granted under section 2 below and in accordance with the terms of that licence—

• (a) shall dump substances or articles in United Kingdom waters; or

• (b) shall dump substances or articles in the sea outside United Kingdom waters from a British ship, aircraft, hovercraft or marine structure ; or

• (c) shall load substances or articles on to a ship, aircraft, hovercraft or marine structure in the United Kingdom or United Kingdom waters for dumping in the sea, whether in United Kingdom waters or not ; or

• (d) shall cause or permit substances or articles to be dumped or loaded as mentioned in paragraphs (a) to (c) above.

• (2) Subject to subsections (3) to (5) below, substances and articles are dumped in the sea for the purposes of this Act if they are permanently deposited in the sea from a vehicle, ship, aircraft, hovercraft or marine structure, or from a structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.

• (3) A discharge incidental to or derived from the normal operation of a ship, aircraft, vehicle, hovercraft or marine structure or of its equipment does not constitute dumping for the purposes of this Act unless the ship, aircraft, vehicle, hovercraft or marine structure in question is constructed or adapted wholly or mainly for the purpose of the disposal of waste or spoil and the discharge takes place as part of its operation for that purpose.

• (4) A deposit made by, or with the written consent of, a harbour authority or lighthouse authority, for the purpose of providing moorings or securing aids to navigation, does not constitute dumping for the purposes of this Act.

• (5) A deposit made by or on behalf of a harbour authority in the execution of works of maintenance in their harbour does not constitute dumping for the purposes of this Act if it is made on the site of the works.

• (6) Subject to subsections (7) to (9) below, any person who contravenes subsection (1) above shall be guilty of an offence and liable—

• (a) on summary conviction to a fine of not more than £400 or to imprisonment for a term of not more than six months or to both ; or

• (b) on conviction on indictment, to imprisonment for not more than five years, or a fine, or to both.

• (7) It shall be a defence for a person charged with an offence under subsection (6) above to prove—

• (a) that the substances or articles in question were dumped for the purpose of securing the safety of a ship, aircraft, hovercraft or marine structure or of saving life ; and

• (b) that he took steps within a reasonable time to inform the Minister that the dumping had taken place and of the locality and circumstances in which it took place and the nature and quantity of the substances or articles dumped,

unless the court is satisfied that the dumping was not necessary for any of the purposes mentioned above and was not a reasonable step to take in the circumstances.

• (8) It shall be a defence for a person charged with an offence under subsection (6) above to prove—

• (a) that he acted under instructions given to him by his employer, or

• (b) that he acted in reliance on information given to him by others without any reason to suppose that the information was false or misleading,

and in either case that he took all such steps as were reasonably open to him to ensure that no offence would be committed.

• (9) It shall be a defence for a person charged with an offence under subsection (6) above in relation to substances or articles dumped outside United Kingdom waters from a British ship, aircraft or hovercraft to prove that they were loaded on to it in a Convention State and that the dumping was authorised by a licence issued by the responsible authority in that State.

Licences.

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• (1) In determining whether to grant a licence a licensing authority shall have regard to the need to protect the marine environment and the living resources which it supports from any adverse consequences of dumping the substances or articles to which the licence, if granted, will relate ; and the authority shall include such conditions in a licence as appear to the authority to be necessary or expedient for the protection of that environment and those resources from any such consequences.

• (2) The licensing authority may revoke a licence if it appears to the authority that the holder is in breach of a condition included in it.

• (3) The licensing authority may vary or revoke a licence if it appears to the authority that the licence ought to be varied or revoked because of a change of circumstances relating to the marine environment or the living resources which it supports, including a change in scientific knowledge.

• (4) The licensing authority may require an applicant for a licence to pay such fee on applying for it as may be determined by the authority with the consent of the Treasury.

• (5) The licensing authority may require an applicant to supply such information and permit such examination and sampling of the substances or articles which he desires to dump, or of similar substances or articles, and to supply such information about the method of dumping which he desires to use, as in the opinion of the authority is necessary to enable the authority to decide whether a licence should be granted and the conditions which any licence that is granted ought to contain.

• (6) The licensing authority may require an applicant for a licence to pay such amount, in addition to any fee under subsection (4) above, as the licensing authority may, with the consent of the Treasury, determine, towards the expense of any tests which in the opinion of the authority are necessary to enable the authority to decide whether a licence should be granted and the conditions which any licence that is granted ought to contain, and in particular expense incurred in connection with any monitoring to determine the effect that dumping may have or has had on the marine environment and the living resources which it supports.

• (7) A licence—

• (a) shall specify the person to whom it is granted ;

• (b) shall state whether it is to remain in force until revoked or is to expire at a time specified in the licence ;

• (c) shall specify the quantity and description of substances or articles to which it relates ; and

• (d) may make different provision as to different descriptions of substances or articles.

• (8) The licensing authority may transfer a licence from the holder to any other person on the application of that person or of the holder, but shall have power to include additional conditions in a licence on transferring it.

• (9) Any person who for the purpose of procuring the grant or transfer of a licence, or in purporting to carry out any duty imposed on him as a condition of a licence, knowingly or recklessly makes a false statement or knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document containing a false statement shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.

• (10) A person who at the passing of this Act is authorised in writing by a licensing authority to dump substances or articles in the sea may continue to do so, so long as he complies with any conditions subject to which the authorisation is given, until the authorisation expires or is revoked, as if the authorisation were a licence under this Act.

Right to make representations.

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• (1) Where a licensing authority proposes—

• (a) to refuse a licence ; or

• (b) to include a condition in a licence, whether on granting or transferring it ; or

• (c) to require a payment under section 2(6) above ; or

• (d) to vary or revoke a licence,

it shall be the authority's duty, when notifying the applicant for or holder of the licence of the proposal, also to notify him—

• (i) of the reason for it ; and

• (ii) of his right under this section to make written representations relating to it.

• (2) A notification of a proposal to vary or revoke a licence shall also include a notice that any written representations must be received by the licensing authority within 28 days of the receipt of the notification.

• (3) A person who receives a notification of a proposal such as is mentioned in subsection (1) above may make written representations about it to the licensing authority.

• (4) If a licensing authority receives such representations, and in the case of a proposal to vary or revoke a licence receives them within 28 days of the receipt of the notification of the proposal, the authority shall constitute a committee to consider the representations and shall appoint one of the members of the committee to be its chairman.

• (5) Each licensing authority shall draw up and from time to time revise a panel of persons who are specially qualified in the authority's opinion to be members of such committees, and any such committee constituted by a licensing authority shall be drawn from members of the authority's panel.

• (6) It shall be the duty of the chairman of a committee—

• (a) to serve upon the person who made the representations under subsection (3) above a notice in writing requiring him to state within 14 days of the receipt of the notice whether he wishes to make oral representations to the committee ; and

• (b) to give him, not earlier than the date of the notice under paragraph (a) above, notice in writing of the place, date and time of the meeting of the committee.

• (7) A notice under subsection (6)(b) above shall not specify a date for the meeting of the committee earlier than 21 days from the date of the notice, unless the person who made the representations has agreed to an earlier meeting.

• (8) If the person who made the representations expresses a wish to make oral representations to the committee, they shall afford him an opportunity of so doing, either in person or by any person authorised by him in that behalf.

• (9) The committee shall consider any representations made under subsection (3) or (8) above and shall make a report to the licensing authority after the close of their consideration, giving their findings of fact and their recommendations.

• (10) Where representations relating to a proposal have been made under this section, the licensing authority may make a final decision relating to the proposal only after receiving and considering the committee's report on it.

• (11) The licensing authority shall notify the person who made the representations of the authority's decision and the reasons for it and shall send him a copy of the committee's report.

• (12) Subject to subsection (13) below, a licensing authority may pay to a person who makes representations under this section such sum as the authority considers appropriate in respect of costs or expenses incurred by him in connection with the making of the representations and their consideration under this section.

• (13) No payment shall be made under subsection (12) above where the final decision confirms the authority's original proposal without modifications.

• (14) Each licensing authority, with the consent of the Minister for the Civil Service as to numbers, may appoint such staff for committees under this section as the authority thinks fit, and may make arrangements for securing that such of the authority's officers as the authority considers are required are available to assist any such committee.

Publicity.

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• (1) A licensing authority shall compile and keep available for public inspection free of charge at reasonable hours the notifiable particulars of any dumping licensed by them under this Act, and shall furnish a copy of any such notifiable particulars to any person on payment of such reasonable sum as the authority may with the consent of the Treasury determine.

• (2) In subsection (1) above "notifiable particulars" means particulars which Her Majesty's Government in the United Kingdom are required to notify to the international organisations.

Enforcement of Act.

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• (1) Each licensing authority, with the consent of the Minister for the Civil Service as to numbers, may appoint enforcement officers for the purposes of this Act.

• (2) An enforcement officer appointed under subsection (1) above is referred to in this Act as a " British enforcement officer".

• (3) A British enforcement officer may be either an inspector appointed for the purposes of this Act or an officer of the licensing authority appointed to exercise and perform the powers and duties of such an inspector subject to such limitations as may be specified in the instrument appointing him ; and the following provisions of this Act shall be construed, in reference to such an officer, as subject to any such limitations.

• (4) A British enforcement officer may, for the purpose of enforcing this Act, exercise, in relation to places and things liable to inspection under this Act, the powers conferred by subsections (7) to (10) below.

• (5) Subject to subsection {6) below, the places and things liable to inspection under this Act are—

• (a) land (including land submerged at mean high water springs and buildings on land), vehicles, aircraft and hovercraft in the United Kingdom ;

• (b) ships in ports in the United Kingdom; and

• (c) British ships, aircraft, hovercraft and marine structures, wherever they may be,

in which a British enforcement officer has reasonable cause to believe that any substances or articles intended to be dumped in the sea are or have been present.

• (6) The places liable to inspection under this Act do not include any private dwelling not used by or by permission of the occupier for the purpose of a trade or business.

• (7) A British enforcement officer may at any reasonable time enter any place liable to inspection under this Act, and board any vehicle, ship, aircraft, hovercraft or marine structure which is so liable, with or without persons and equipment to assist him in his duties.

• (8) A British enforcement officer—

• (a) may open any container and examine and take samples of any substances or articles ;

• (b) may examine equipment and require any person in charge of it to do anything which appears to the officer to be necessary for facilitating examination ;

• (c) may require any person to produce any licences, records or other documents which relate to the dumping of substances or articles in the sea and which are in his custody or possession ;

• (d) may require any person on board a ship, aircraft, hovercraft or marine structure to produce any records or other documents which relate to it and which are in his custody or possession; and

• (e) may take copies of any document produced under paragraph (c) or (d) above.

• (9) For the purpose of boarding a vehicle, ship, aircraft, hovercraft or marine structure, a British enforcement officer may require the person in charge to do anything which will facilitate boarding, and the power conferred by this subsection includes power, in the case of a vehicle, ship or hovercraft, to require the person in charge to stop it.

• (10) A British enforcement officer may require the attendance of the master of a ship, the commander of an aircraft, the captain of a hovercraft or the person in charge of a marine structure on board that ship, aircraft, hovercraft or structure, and may make any examination and inquiry which appears to him to be necessary.

• (11) A British enforcement officer shall be furnished with a certificate of his appointment and on entering or boarding for the purposes of this Act any place or thing liable to inspection under this Act shall, if so requested, produce the said certificate.

Enforcement of Conventions.

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• (1) The Minister and the Secretary of State may jointly by order declare—

• (a) that any procedure which has been developed for the effective application of the London Conven,tion, the Oslo Convention or any designated Convention and is specified in the order is an accepted procedure as between Her Majesty's Government in the United Kingdom and the Government of any Convention State so specified ; and

• (b) that the powers conferred by subsections (7) to (10) of section 5 above may be exercised, for the purpose of the enforcement of that procedure outside United Kingdom waters—

• (i) in relation to a British ship or hovercraft, by a person of any specified class appointed to enforce it by the Government of that State, and

• (ii) in relation to a ship or hovercraft of that State, by a British enforcement officer.

• (2) A person belonging to a class specified in an order under this section is referred to in this Act as a " foreign enforcement officer ", hurt any reference to a foreign enforcement officer in the following provisions of this Act shall be construed, in relation to any person of a class so specified, as applying to him only for the purposes of the procedure specified in the order as the procedure for whose enforcement his Government appointed him.

Miscellaneous provisions as to enforcement officers.

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• (1) A British or foreign enforcement officer shall not be liable in any civil or criminal proceedings for anything done in purported exercise of the powers conferred on him by this Act if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (2) Any person who—

• (a) without reasonable excuse fails to comply with any requirement imposed, or to answer any question asked, by a British or foreign enforcement officer under this Act;

• (b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question ; or

• (c) assaults any such officer while exercising any of the powers conferred on him by or by virtue of this Act or obstructs any such officer in the exercise of any of those powers,

shall be guilty of an offence.

• (3) A person guilty of an offence under this section shall be liable on summary conviction in the case of a first offence thereunder to a fine not exceeding £200 and in the case of a second or subsequent offence thereunder to a fine not exceeding £400.

Evidence.

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