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

Type Statutory-Instrument

Publication 2020-06-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 29th June 2020

Laid before Parliament: 30th June 2020

Coming into force: 22nd 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 2006[^f00001], articles 2(1), (2)(a) to (g), (3) and 3 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996[^f00002] and sections 128(5), 128(6) and 306A of the Merchant Shipping Act 1995[^f00003] makes the following Regulations.

PART 1 — General

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.

Interpretation

2

(1) In these Regulations—

“the 1995 Act” means the Merchant Shipping Act 1995;

“Annex V” means Annex V to the Convention[^f00004];

“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014[^f00005] as 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 1997[^f00006];

“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) Code[^f00007];

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is— transferred between ships; loaded onto a ship after having been transported from the shoreline; or unloaded from a ship for transporting to the shoreline;

“Polar Code” has the meaning given to it in regulation 13 of Annex V (definitions)[^f00008];

“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, 1974[^f00009]; and

“UNCLOS” means the United Nations Convention on the Law of the Sea[^f00010].

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

(a) “Antarctic area”;

(b) “fixed or floating platform”; and

(3) For the purposes of these Regulations—

(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) 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 Protocol[^f00011]; or

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

(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.

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

Application

4

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

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

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

(2) These Regulations do not apply to any—

(a) warship;

(b) naval auxiliary ship; or

PART 2 — 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) regulation 4 of Annex V (discharge of garbage outside special areas);

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

(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) 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) falls within the definition of a “harmful substance” in regulation 1 of Annex III to the Convention[^f00012]; and

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

Mixed garbage

6

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

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

(b) other types of garbage,

the more stringent discharge requirements apply to the mixture.

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

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.

Exceptions

8

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

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

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

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

(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) the marine environment; or

(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) the ship’s flag State; and

(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) “en route”;

(b) “fishing gear”; and

PART 3 — 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 solid bulk cargo is harmful to the marine environment in accordance with paragraph (2).

(2) The shipper must declare solid bulk cargo to be harmful to the marine environment if it falls within one or more of the parameters listed in Appendix I of Annex V (criteria for the classification of solid bulk cargoes).

(3) Where the shipper does not deliver the cargo to the ship or its agent—

(a) the shipper must provide the forwarder with the declaration; and

(b) the forwarder must provide the owner or master with the declaration.

(4) In this regulation—

(a) “forwarder” means a person who receives a declaration under this regulation in preparation for eventual delivery of the cargo to the ship or its agent, and may include a cargo packer or consolidator;

(b) “shipper” means any person who, whether as principal or agent for another, consigns solid bulk cargoes for carriage by sea; and

(i) has the meaning given in paragraph 2 of regulation 1-1 of Chapter VI of SOLAS; and

(ii) does not include grain.

PART 4 — Placards, Garbage Management and Garbage Record-Keeping

Placards

10

(1) A ship which—

(a) has a length overall of 12 metres or more; or

(b) is a fixed or floating platform,

must display placards which notify the crew and any passengers of the requirements for the discharge of garbage contained in regulations 3 to 6 of Annex V (provisions relating to discharge requirements) and section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships).

(2) Placards must be written in accordance with regulation 10.1.2 of Annex V (placards).

(3) In paragraph (1) “length overall” means the extreme length of the hull of the ship measured between the foremost part of the bow and the aftmost part of the stern.

Garbage management plan

11

(1) A ship which—

(a) is of 100 GT or above;

(b) carries 15 or more persons; or

must carry a garbage management plan which complies with the requirements of regulation 10.2 of Annex V (garbage management plans).

(2) The master of a ship and the manager of a fixed or floating platform must ensure that its crew follow the ship’s garbage management plan.

Garbage record keeping

12

(1) This regulation and regulation 13 (entries in garbage record books) apply to a ship which—

(a) is of 100 GT or above;

(b) carries 15 or more persons and is engaged in voyages to ports or offshore terminals under the jurisdiction of a party to the Convention other than the ship’s flag State; or

(2) A ship to which this regulation applies must be provided with a garbage record book in—

(a) the format specified in regulation 10.3 of Annex V (garbage record books); and

(b) the form specified in Appendix II to Annex V (form of garbage record book).

(3) The garbage record book and receipts obtained from reception facilities must be—

(a) kept on board the ship to which they relate and in such a place as to be readily available for inspection at all reasonable times; and

(b) preserved for a period of at least two years after the last entry has been made.

Entries in garbage record books

13

(1) On a ship to which this regulation applies each—

(a) discharge;

(b) accidental loss; or

of garbage must be recorded promptly in the garbage record book and the entry signed for by the officer in charge of the discharge, accidental loss or completed incineration.

(2) An entry under paragraph (1)(a) must include the information specified in regulation 10.3.2, 10.3.3, 10.3.4 or 10.3.6 of Annex V (garbage record books) appropriate to the operation being recorded.

(3) In the case of a United Kingdom ship, the garbage record book must be written in English and, in the case of any other ship, it must be written in or translated into English, French or Spanish.

(4) Where an entry has been written in the national language of the ship’s flag State as well as in English, French or Spanish, in the case of any dispute or discrepancy the entry made in that national language prevails.

(5) Each completed page of the garbage record book must be signed by the master of the ship or the manager of the fixed or floating platform.

Exemptions from regulations 12 and 13

14

(1) The Secretary of State may grant an exemption in writing from one or more of the requirements of regulations 12 (garbage record keeping) and 13 (entries in garbage record books) in respect of a ship specified in regulation 10.4 of Annex V (exemptions from garbage record keeping).

(2) An exemption given by the Secretary of State pursuant to paragraph (1) is only valid if given in writing and may be—

(a) given subject to such conditions and limitations as the Secretary of State may specify; and

(b) altered or cancelled by a notice given in writing by the Secretary of State.

(3) In this regulation “in writing” includes the provision of such communication by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication.

Log-books

15

(1) This regulation applies to a ship which is not required to be provided with a garbage record book.

(2) In the event of a discharge or accidental loss of garbage pursuant to regulation 8 (exceptions), a ship to which this regulation applies must record in its log-book the information specified in regulation 10.3.6 of Annex V (exceptions and garbage record books).

PART 5 — Enforcement

Inspection of ships

16

(1) Insofar as sections 258[^f00013] (powers to inspect ships and their equipment etc.) and 259 (powers of inspectors in relation to premises and ships) of the 1995 Act apply in relation to a ship to which these Regulations apply, for the purpose of checking compliance with these Regulations those sections have effect subject to the following modifications.

(2) The power to inspect a ship and its equipment, any part of the ship, any articles on board and any document carried in the ship, is limited to—

(a) investigating any operation regulated by these Regulations, if there are clear grounds for believing that the master or the crew are not familiar with essential shipboard procedures for preventing pollution by garbage;

(b) verifying whether garbage has been discharged from the ship in violation of these Regulations;

(d) inspecting the garbage record book; or

(e) inspecting the log-book.

(3) The power in those sections to go on board a ship may only be exercised if the ship is—

(a) in a port in the United Kingdom;

(b) at an offshore terminal in United Kingdom waters or controlled waters;

(d) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit.

(4) Where the ship is inspected for the purposes of paragraph (2)(b) and is not a United Kingdom ship, the person exercising the powers of inspection must ensure that the report of the inspection is sent to—

(a) a diplomatic representative of the ship’s flag State or the appropriate maritime authorities of that State; and

(b) any other party to the Convention who requested the inspection.

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