The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003

UK Statutory Instrument 2003 No. 1809 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 14 July 2003
In force from: 15 July 2003
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972, Merchant Shipping Act 1995

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 revoke and replace with amendments the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997, and give effect to Directive 2000/59/EC of the European Parliament and of the Council (O.J. L 332, 28.12.2000, p.81), as amended by Directive 2002/84/EC of the European Parliament and of the Council (O.J. L 324, 29.11.2002, p.53). In addition to minor amendments, the significant differences are in the inclusion of (i) a duty to deliver waste to reception facilities in the harbour or terminal, (ii) a requirement to notify the harbour or terminal in advance of a ship’s arrival, and (iii) a duty for harbour authorities and terminal operators to impose charges to cover the costs of waste reception facilities for ship-generated waste. The Regulations are made under sections 130A to 130D of the Merchant Shipping Act 1995, except in so far as they relate to the requirement to provide information to a harbour or terminal in advance of a ship’s arrival, the requirement on harbour authorities and terminal operators to charge for reception facilities and the application of the Regulations to hovercraft, where the power is provided by section 2(2) of the European Communities Act 1972. Regulation 4 requires all harbour authorities and terminal operators to provide waste reception facilities which are adequate to deal with waste of types covered by the Regulations from ships normally using the harbour or terminal. Regulations 5 to 8 are concerned with waste management plans for harbours and terminals; such plans are to be prepared and submitted to the Secretary of State for his approval. A harbour authority (or terminal operator, where the operator has prepared the plan) is required to implement an approved plan. There are direction-making and default powers for the Secretary of State in regulations 5, 9 and 10. Regulation 11 contains a requirement for the master of a ship bound for a harbour (or terminal, where the waste management plan so provides) to provide the harbour authority or terminal operator (as the case may be) with information concerning waste, including the quantities of waste to be delivered and the waste-storage capacity of the ship. Regulations 12 and 16 require ship-generated waste and cargo residues, respectively, to be delivered to a waste reception facility; regulations 13 and 14 are concerned with charges to be imposed for the delivery of waste. Regulation 15 contains powers for the Secretary of State to grant exemptions from some provisions of the Regulations. There are provisions for inspection and detention, and the penalties to apply in cases of non-compliance. A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from Shipping Policy 2 Division, Department for Transport, 76 Marsham Street, London SW1P 4DR (telephone number 020 7944 3436). A transposition note has been prepared and copies may be obtained from the Department for Transport at the address above. Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax 0115 9013334; e-mail mca@promo-solution.com). The Code and Circulars referred to in the Regulations can be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.

Offences created by this instrument

Any harbour authority or terminal operator which fails to comply with— a any requirement of regulation 4 in relation… regulation 18(1) · Status not determined · Strict liability
Any master who fails to comply with— a any requirement of regulation 11(2), (3), (5) or (6); b the requirement under… regulation 18(2) · Status not determined · Strict liability
Where the master of a ship, in complying with regulation 11(2) or (3), notifies information which is false in a… regulation 18(3) · Status not determined · Strict liability
Where there is a contravention of— a any requirement of regulation 11(2), (3), (5) or (6); b the requirement under… regulation 18(4) · 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 And Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 Lords · Lords Chamber · 4 July 2003 · Baroness Farrington of Ribbleton
rose to move, That the draft regulations laid before the House on 19th June be approved [24th Report from the Joint Committee]. The noble Baroness said: My Lords, I beg to move the Motion standing in my name on the Order Paper. I am very pleased to introduce the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, which will help to protect the marine environment. Ships generate waste—of various kinds—in the course of their voyages. They have to dispose of that waste. If ships cannot rely on being able to discharge their waste at a reception facility in…
Merchant Shipping And Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 Lords · Lords Chamber · 4 July 2003
Merchant Shipping Commons · Commons Chamber · 9 July 2003
That the draft Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, which were laid before this House on 19th June, be approved.— [Paul Clark.]
Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009 Lords · Lords Chamber · 29 January 2009 · The Minister of State, Department for Transport (Lord Adonis)
My Lords, first, let me set these regulations in context: they concern the protection of the marine environment from ship-generated waste. Ships must be able to rely on being able to discharge their waste at reception facilities available in ports. These facilities must be easy to use and cost-effective so as to deter operators from disposing of their wastes at sea. Recognising this, the United Kingdom has had legislation in place for many years to put this principle into effect. After the UK had put its legislation in place, a proposal for European Community legislation was initiated. The…
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…

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