The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987

UK Statutory Instrument 1987 No. 551 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 26 March 1987
In force from: 6 April 1987
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, with the Merchant Shipping IBC Code Regulations 1987 and the Merchant Shipping BCH Code Regulations 1987, give effect to Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 thereto and as further amended by the amendments thereto adopted by the Marine Environment Protection Committee (the MEPC) of the International Maritime Organization on December 5th 1985. The Regulations apply to ships carrying noxious liquid substances in bulk. They apply to United Kingdom ships wherever they may be and to other ships when they are in United Kingdom waters. Noxious liquid substances are divided into four categories, A, B, C and D, in accordance with the severity of the hazard which they present to human health and the marine environment, Category A presenting the worst hazard and Category D the least. Discharges into the sea of noxious liquid substances or mixtures containing them are prohibited; and discharges into the sea of liquid wastes containing residues of such substances are strictly controlled (Regulations 3, 5, 6, 11, 12 and 13). The worse the hazard which the category of substances presents, the stricter are the controls. Controls are also more stringent in two special areas, namely the Black Sea and the Baltic Sea. The Regulations also prohibit (regulation 14) the discharge of liquid substances which, though not identified as noxious, have not been evaluated and found to be harmless to the marine environment, except with written permission from the government of the state or states concerned. The Regulations require ships to follow specified procedures when washing cargo tanks (regulations 4 and 8 to 10). The procedures depend on the category of substance carried and on whether or not unloading takes place in a special area. Certain oil-like substances are allowed to be carried and their residues discharged in accordance with the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 instead of in accordance with these Regulations, provided (a) that the ship meets extra stability requirements and (b) that its International Prevention of Oil Pollution Certificate is endorsed to indicate the ship’s conformity with relevant requirements of these Regulations (regulation 18). All ships are required to carry a Procedures and Arrangements Manual complying with the Standards for Procedures and Arrangements adopted by the MEPC (regulation 19), and to be provided with the equipment and arrangements specified in that manual (regulation 22). They are also required to carry a Cargo Record Book in which operations involving cargoes of noxious liquid substances have to be recorded (regulation 20). Every tank designated to carry a Category B or C substance is required to have a pumping system capable of emptying the tank so that the residues remaining after unloading is complete do not exceed, in the case of a new ship, 0.1m3 for a Category B and 0.3m3 for a Category C substance and, in the case of an existing ship, 0.3m3 for a Category B and 0.9m3 for a Category C substance (regulation 21). Ships are required to be surveyed for the purposes of the regulations, to carry an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk and to be maintained in accordance with that certificate (regulations 23—25). Carriage of noxious or unassessed liquid substances in bulk is prohibited except where the ship has the appropriate certificate (regulation 28). Penalties are prescribed for breaches of the regulations and provision is made for ships to be detained where a breach occurs (regulations 29 and 30). Copies of the Convention and Codes referred to in the regulations are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE17SR.

Offences created by this instrument

Penalties regulation 29(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Merchant Shipping (Prevention And Control Of Pollution) Order 1987 Lords · Lords Chamber · 5 February 1987 · Lord Brabazon of Tara
My Lords, I beg to move that the draft Merchant Shipping (Prevention and Control of Pollution) Order 1987, laid before the House on 26th January 1987, be approved. This order is made under Section 20 of the Merchant Shipping Act 1979. It enables effect to be given to Annex II and Protocol I to the International Convention for the Prevention of Pollution from Ships, 1973. These have in fact been amended firstly by the Protocol of 1978 and, secondly, by amendments adopted by the Marine Environment Protection Committee of the International Maritime Organisation on 5th December 1985. Four sets…

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