The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

UK Statutory Instrument 2008 No. 3257 — creates 13 criminal offences.

13offences created

0recorded in force

0revoked

Made: 18 December 2008
In force from: 1 February 2009
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: 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 implement Annexes IV (Regulations for the Prevention of Pollution by Sewage) and V (Regulations for the Prevention of Pollution by Garbage) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention (“the Convention”). Annex IV came into force internationally on 27th September 2003, and a revised Annex IV came into force on 1st August 2005. Annex V came into force internationally on 31st December 1988. In relation to Annex IV, the Regulations make provision for the surveys to be carried out and Sewage Certificates to be issued (regulations 7 to 19). They also provide for surveys of United Kingdom ships to be carried out voluntarily, where the ships are not subject to the requirements but the owners request a survey (regulation 20). They also provide for ships to have certain equipment (regulations 21 and 22). The discharge of sewage into the sea is prohibited, apart from in controlled and regulated circumstances (regulations 23 to 25). In relation to Annex V, the Regulations prohibit the disposal of plastics into the sea (regulation 26), and prohibit the disposal of other garbage except in certain circumstances (regulations 27 to 29). United Kingdom ships are restricted from entering the Antarctic area (as defined in regulation 2) unless they have sufficient capacity for the retention of garbage on board (regulation 30), and requirements are imposed for the carrying of placards relating to the disposal of garbage (regulation 31). Ships are required to have a garbage management plan (regulation 32). Requirements are also imposed in relation to keeping a garbage record book (regulations 33 to 35). Part 7 of the Regulations makes provision in relation to powers of inspection and detention of ships. This Part also contains provision for offences, defences, and provisions for enforcement. Provision is also made for jurisdiction over offences committed outside the United Kingdom (regulation 45) and for suspension of proceedings at flag state request (regulation 46). An Impact Assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency (“the MCA”), Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has also been placed in the library of each House of Parliament. The Impact Assessment may also be accessed on the OPSI website www.opsi.gov.uk. Merchant Shipping Notices are published by the MCA and copies may be obtained from Mail Marketing (Scotland), MCA, PO Box 87, Glasgow G14 0JF (telephone number 0141 300 4906; fax 0141 950 2726; e-mail orders mca@promo-solution.com). They may also be accessed via the MCA’s website http://www.mcga.gov.uk), which also has details of any amendments or replacements. Copies of the Convention and its Protocols and amendments, and of the Convention on Dumping and the Tonnage Convention and of resolutions of the Marine Environment Protection Committee or the STCW Conference, may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.

Offences created by this instrument

Any contravention of— a regulation 7(1), 8(1), 9(1), (2) or (3), 10(2), 18(4) or 19(1) or (2) is an offence by the… regulation 42(1) · Status not determined · Mixed — some elements strict, some not
a regulation 7(1), 8(1), 9(1), (2) or (3), 10(2), 18(4) or 19(1) or (2) is an offence by the owner and the master of… regulation 42(1)(a) · Status not determined · Strict liability
b regulation 16(5) is an offence by the owner of the ship regulation 42(1)(b) · Status not determined · Strict liability
c regulation 18(3) is an offence by the person in question regulation 42(1)(c) · Status not determined · Mixed — some elements strict, some not
d regulation 21(1) or (2) or 22 is an offence by the owner of the ship regulation 42(1)(d) · Status not determined · Strict liability
e regulation 23(1), 26, 27, 28, or 29, in the case of a relevant platform, is an offence by the owner and manager of… regulation 42(1)(e) · Status not determined · Strict liability
f regulation 23(1), 26, 27, 28, or 29 in the case of a ship other than a relevant platform, is an offence by the… regulation 42(1)(f) · Status not determined · Strict liability
g regulation 30, 31, 32(1), 33(1) or (3), or 34(1), (2), (3), (4) or (5), in the case of a relevant platform, is an… regulation 42(1)(g) · Status not determined · Strict liability
h regulation 30, 31, 32(1), 33(1) or (3), or 34(1), (2), (3), (4) or (5), in the case of a ship other than a relevant… regulation 42(1)(h) · Status not determined · Strict liability
i regulation 32(3) or 34(7) in the case of a relevant platform, is an offence by the manager of the platform regulation 42(1)(i) · Status not determined · Strict liability
k regulation 33(4) is an offence by the owner of the ship regulation 42(1)(k) · Status not determined · Strict liability
l regulation 34(1) or (2) in the case of a relevant platform, is an offence by the owner and manager of the platform,… regulation 42(1)(l) · Status not determined · Strict liability
m regulation 34(1) or (2) in the case of a ship other than a relevant platform, is an offence by the owner, manager,… regulation 42(1)(m) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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.

Check the source

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