The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998

UK Statutory Instrument 1998 No. 1377 — creates 3 criminal offences.

3offences created

0recorded in force

3revoked

Made: 1 June 1998
In force from: 1 July 1998
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 consolidate, with amendments, the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 and the Merchant Shipping (Prevention of Pollution by Garbage) (Amendment) Regulations 1993. The Regulations implement annex V to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL) as amended. In addition to minor and drafting amendments, the following are the principal changes of substance: a ships to which the Regulations apply are subject to inspection while in United Kingdom ports (regulation 12); b in respect of certain vessels and platforms, placards are to be displayed informing the persons on board of the requirements of the Regulations and garbage management plans and record books are to be carried. Garbage record books are to be subject to inspection and inspectors may take copies of any entry in such a book (regulations 11 and 13); c Section 131(3), as modified by the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 (as amended by S.I. 1997/2569 and S.I. 1998/254), sections 143(6), 144 and 146 of the Merchant Shipping Act 1995, as modified by these Regulations, are applied to an offence of contravening regulations 4 to 7 (regulations 14(2), 15(1) and (2), 17(3)); and d extensions of jurisdiction permitted by the United Nations Law of the Sea Convention (UNCLOS) (Cmnd 8941). In particular, discharges by ships other than United Kingdom ships into the United Kingdom’s controlled waters beyond the territorial sea and, subject to certain restrictions on institution of proceedings contained in regulation 18, elsewhere, are prohibited. Where proceedings for such a discharge are instituted they may be suspended if the flag State institutes proceedings (regulation 19). The Regulations also prohibit disposal of garbage from fixed or floating installations in the United Kingdom’s controlled waters (regulation 7). A compliance cost assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency, Zone 2/30 Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone: 01703 329191). A copy has been placed in the library of each House of Parliament. Merchant Shipping Notices are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. Copies of the MARPOL Convention and UNCLOS may be obtained from the International Maritime Organisation at 4 Albert Embankment, London SE1 75R.

Offences created by this instrument

Any breach of the requirements of these Regulations (other than of the requirements of regulations 4, 5, 6 or 7)— a in… regulation 14(1) · Revoked · Strict liability
a in respect of a ship, shall be an offence on the part of the owner, manager, demise charterer and master of the… regulation 14(1)(a) · Revoked · Strict liability
b in respect of an installation, shall be an offence on the part of the owner and installation manager regulation 14(1)(b) · Revoked · 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.

Fisheries Bill [Lords] (Sixth sitting) Commons · Public Bill Committees · 15 September 2020 · Victoria Prentis
Tackling the scourge of plastic pollution in the ocean is a priority for the Government and for me personally. While the proposed new clause rightly recognises the importance of tackling plastic pollution, it is not necessary in the Bill because it replicates existing legislation. The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 prohibits the disposal of plastic items at sea, including fishing gear. Adequate disposal facilities are already required under the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003. Under the Merchant…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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