The Environment Protection (Overseas Territories) Order 1988

Made: 22nd June 1988

Coming into force: 21st July 1988

At the Court at Buckingham Palace, the 22nd day of June 1988 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 26 of the Food and Environment Protection Act 1985[^f00001], and of all other powers enabling Her in that behalf, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order may be cited as the Environment Protection (Overseas Territories) Order 1988 and shall come into force on 21st July 1988.

2

• (1) The provisions of Parts II and IV of the Food and Environment Protection Act 1985 and Schedules 2, 3 and 4 thereto, modified and adapted as in Schedule 1 hereto, shall extend and apply to the Territories specified in Schedule 2 hereto.

• (2) For the purpose of construing the said Act as so extended and applied as part of the law of a Territory to which it extends, “the Territory” means that Territory and “any Territory” means any of the Territories to which it extends.

3

• (1) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to the sums expressed in sterling in Schedule 1 hereto.

• (2) A certificate given by or on behalf of the Governor in pursuance of paragraph (1) above shall be conclusive evidence of the matters stated therein for the purposes of this article, and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

4

• (1) The Dumping at Sea Act 1974 (Overseas Territories) Order 1975[^f00002] is revoked in respect of the territories to which this Order applies.

• (2) Any licence under the Dumping at Sea Act 1974 (Overseas Territories) Order 1975 which is in force in respect of the territories to which this Order applies immediately before the coming into force of this Order–

• (a) shall have effect as from the coming into force of this Order as if granted under this Order; and

• (b) in the case of a licence for a specified period, shall remain in force, subject to the provisions of this Order, for so much of that period as falls after the coming into force of this Order.

SCHEDULE 1 — PARTS II AND IV OF, AND SCHEDULES 2, 3 AND 4 TO, THE FOOD AND ENVIRONMENT PROTECTION ACT 1985 AS EXTENDED TO THE TERRITORIES SPECIFIED IN SCHEDULE 2 OF THIS ORDER

SCHEDULE 2 — TERRITORIES TO WHICH THIS ORDER APPLIES

• Bermuda

• British Virgin Islands

• Cayman Islands

• Montserrat

• St Helena

• St Helena Dependencies

• Turks and Caicos Islands

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order extends, to the territories specified in Schedule 2 thereto, the provisions of Parts II and IV of the Food and Environment Protection Act 1985, and related Schedules, subject to exceptions, adaptations and modifications.

The purposes of the Act were, so far as material, to replace the Dumping at Sea Act 1974 (c. 20) with fresh provision for controlling the deposit of substances and articles in the sea, to make provision for the control of the deposit of substances and articles under the sea-bed, and for connected purposes.

Footnotes

[^f00001]: 1985 c. 48.

[^f00002]: S.I. 1975/1831.

[^f00003]: 1894 c. 60.