The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
| Year | 2018 |
2018 No. 68
Merchant Shipping
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
Made 5th February 2018
Laid before Parliament 15th February 2018
Coming into force 12th March 2018
The Secretary of State makes the following Regulations in exercise of the powers conferred by articles 3 and 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 19871, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19962and sections 85(1), (1A), (1B), (3) and (5) to (7), 86(1), 302(1) and 306A of the Merchant Shipping Act 19953.
The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with section 86(4) of the Merchant Shipping Act 1995.
These Regulations are made with the consent of the Treasury in so far as is required under section 302(1) of the Merchant Shipping Act 1995.
PART 1
General
Citation, commencement, amendments and revocations
1.—(1) These Regulations may be cited as the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 and come into force on 12th March 2018.
(2) The amendments listed in Part 1 of the Schedule have effect.
(3) The Regulations listed in the first column of the Table in Part 2 of the Schedule are revoked to the extent specified in the third column of that table.
Transitional provision
2.—(1) Except in circumstances determined by the Secretary of State, a certificate issued or endorsed under Annex II by—
(a)
(a) an appropriate Certifying Authority; or
(b)
(b) the Administration of a Contracting State,
which is valid on the day on which these Regulations come into force, continues to be valid until the date of its expiry under regulation 10 of Annex II.
(2) A certificate referred to in paragraph (1) is to be treated as if it had been issued or endorsed under these Regulations.
(3) In this regulation—
(a)
(a) “appropriate Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State and includes in particular (if so authorised) Lloyd’s Register of Shipping, Bureau Veritas, Det Norske Veritas, Germanischer Lloyd, the American Bureau of Shipping, Registro Italiano Navale and Nippon Kaiji Kyokat; and
(b)
(b) regulation 3(6) does not apply.
Interpretation
3.—(1) In these Regulations—
“the 1995 Act” means the Merchant Shipping Act 1995;
“Annex II” means Annex II to the Convention4;
“anniversary date” means the day and month of each year which correspond to the date of expiry of a relevant NLS certificate;
“annual survey period” means the period of six months beginning three months before each anniversary date;
“approved” in relation to a Procedures and Arrangements Manual or Marine Pollution Emergency Plan means—
(a) in the case of a United Kingdom NLS ship, approved by a Certifying Authority as respects that ship; and
(b) in the case of any other NLS ship, approved by or on behalf of the government of the Contracting State in which the ship is registered;
“BCH Code” means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the IMO5, and amended by IMO Resolutions MEPC.249(66) and MSC.376(93);
“Cargo Record Book” has the meaning given in regulation 29(1);
“Certifying Authority”, except in regulation 2, means the Secretary of State or any person authorised by the Secretary of State in accordance with paragraph (6);
“chemical tanker” means a cargo ship constructed or adapted for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code, but does not include an offshore support vessel or a gas carrier;
“constructed” in relation to a ship has the meaning in paragraph 14 of regulation 1 of Annex II;
“Contracting State” means a State which has consented to be bound by the Convention;
“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 20146as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea7for the protection and preservation of the marine environment;
“the Convention” means the International Convention for the Prevention of Pollution from Ships, 19738;
“discharge”, in relation to noxious liquid substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying, but does not include the release of noxious liquid substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources, or the release of such substances for purposes of legitimate scientific research into pollution abatement or control;
“gas carrier” means a cargo ship—
(a) for which a certificate certifying compliance with the IGC Code (an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk) is in force;
(b) which is constructed or adapted for the carriage in bulk of any substance listed in Chapter 19 of the IGC Code and identified in that list by an asterisk; and
(c) which is not intended for, or engaged in, the carriage of any other noxious liquid substance in bulk;
“gross tonnage” means gross tonnage as determined in accordance with regulation 6 of the Merchant Shipping (Tonnage) Regulations 19979;
“harbour master” includes a dock master, pier master and any person specifically appointed by a harbour authority (within the meaning of section 151(1) of the 1995 Act) for the purpose of enforcing the provisions of these Regulations;
“IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the IMO10;
“IGC Code” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the IMO11;
“IMO” means the International Maritime Organization;
“in bulk” means directly and without any intermediate form of containment in a tank forming an integral part of, or permanently located in, or on, a ship;
“intermediate survey period” means a period of six months beginning three months before the second or third anniversary date;
“Marine Pollution Emergency Plan” has the meaning given in regulation 30;
“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“nautical mile” means an international nautical mile of 1,852 metres;
“NLS ship” means a ship intended for, or engaged in, the carriage of noxious liquid substances in bulk;
“noxious liquid substance” means—
(a) any substance which has been categorised in accordance with the provisions of regulation 6 of Annex II and which is indicated in the Pollution Category column of chapter 17 or 18 of the IBC Code as falling within category X, Y or Z;
(b) any mixture containing a substance referred to in sub-paragraph (a);
(c) any substance which has been provisionally assessed as falling within category X, Y or Z in accordance with the provisions of regulation 6.3 of Annex II, and which is either—
(i) listed in MEPC.2/Circ. on the Provisional Categorisation of Liquid Substances in Accordance with Annex II and the IBC Code, issued on 1st December each year12; or
(ii) in the case of any substance provisionally assessed after the publication of MEPC.2/Circ. in any given year but in advance of the publication of the next MEPC.2/Circ., publicised by the IMO13as such; and
(d) any mixture containing a substance referred to in sub-paragraph (c);
“offshore installation” means fixed or floating platforms including drilling rigs, floating production, storage and offloading facilities used for the offshore production and storage of oil or noxious liquid substances, and floating storage units used for the offshore storage of produced oil;
“offshore support vessel” means—
(a) a vessel which is primarily engaged in the transport of stores, materials and equipment to and from mobile offshore drilling units, fixed or floating platforms or other similar offshore installations; or
(b) a vessel, including a well-stimulation vessel but excluding a mobile offshore drilling unit, derrick barge, pipelaying barge or floating accommodation unit, which is otherwise primarily engaged in supporting the work of offshore installations;
“OSV Guidelines” means the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (OSV) published by the IMO14;
“Polar Code” means the International Code for Ships Operating in Polar Waters, consisting of an introduction, parts I-A and II-A and parts I-B and II-B as adopted by IMO Resolutions MSC.385(94) and MEPC.264(68)15;
“polar waters” means the Antarctic area and Arctic waters and, for the purposes of this definition, the “Antarctic area” means the sea area south of latitude 60ºS, and “Arctic waters” has the meaning given in regulation 21.2 of Annex II;
“Procedures and Arrangements Manual” has the meaning given in regulation 28;
“RO Code” means the Code for Recognised Organisations adopted on 17th May 2013 by IMO Resolution MEPC.237(65)16;
“sea” includes any estuary or arm of the sea;
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms;
“Shipboard Marine Pollution Emergency...
To continue reading
Request your trial