Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/3245 |
| Year | 1994 |
1994 No. 3245
MARINE POLLUTION
MERCHANT SHIPPINGSAFETY
The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1994
Made 14th December 1994
Laid before Parliament 21th December 1994
Coming into force 11th January 1995
The Secretary of State for Transport, in exercise of the powers conferred by:
(a) article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 19871;
(b) article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 19902; and
(c) sections 21(1)(a) and (b) and (3) to (6) and 22(1) of the Merchant Shipping Act 19793, after consulting the persons referred to in section 22(2) of that Act;
and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1994 and shall come into force on 11th January 1995.
Interpretation and revocation
2.—(1) In these Regulations:
“dangerous goods” means any substance which is within the definition of “dangerous goods” in regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 19904;
“discharge” means any release, howsoever caused, from a ship and includes escape, disposal, spilling, leaking, pumping , emitting or emptying; but does not include—
(a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter signed in London on 13th November 19725; or
(b) any release directly arising from the exploration, exploitation or associated offshore processing of sea-bed mineral resources; or
(c) any release for the purposes of legitimate scientific research into pollution abatement or control;
“the IMDG Code” means the 1990 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended from time to time by any document which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“in bulk” means directly and without intermediate form of containment in a hold or cargo space, which is a structural part of or permanently attached to a ship;
“infectious substances” means any substance of Class 6.2 in the IMDG Code;
“marine pollutant” means a substance which presents a hazard to the marine environment or is identified in the IMDG Code as a marine pollutant;
“noxious liquid substance” means any substance which is within the definition of “noxious liquid substances” in regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 19876;
“oil” means petroleum in any form including crude oil, fuel oil, sludge and oil refuse and any refined petroleum products, other than petrochemicals which are noxious liquid substances;
“operator”, in relation to a ship, includes any owner, manager, charterer or agent of the ship;
“package” means an individual package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo transport unit;
“packaged goods” means packaged dangerous goods or packaged marine pollutants;
“radioactive materials” means any substance of Class 7 in the IMDG Code;
“ship” includes a vessel of any type whatsoever operating in the marine environment or in other waters navigable by sea-going vessels and (without prejudice to the generality of the foregoing) includes submersible craft, floating craft, a structure which is a fixed or floating platform, and hovercraft;
“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;
“United Kingdom ship” means a ship which —
(a) is registered under the Merchant Shipping (Registration, etc.) Act 19937; or
(b) is not registered under the law of any other country but is wholly owned by persons each of whom is—
(i) a British citizen, a British Dependent Territories citizen or a British Overseas citizen, or
(ii) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
(2) The Merchant Shipping (Reporting of Pollution Incidents) Regulations 19878are hereby revoked.
(3) In the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 regulation 9(3) and 9(7) shall be omitted.
Application
3. These Regulations apply to:
(a) United Kingdom ships; and
(b) other ships while they are within the United Kingdom or the territorial waters thereof.
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