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

Offences and penalties U.K.

18.—(1) Any harbour authority or terminal operator which fails to comply with—

(a) any requirement of regulation 4 in relation to the provision of waste reception facilities;

(b) any requirement of regulation 6 or 7 to prepare a waste management plan or to submit such a plan to the Secretary of State for approval; or

(c) any direction given under regulation 5 or 10 in relation to the provision of waste reception facilities or the implementation of a waste management plan,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(2) Any master who fails to comply with—

(a) any requirement of regulation 11(2), (3), (5) or (6);

(b) the requirement under regulation 12(1);

(c) any direction given under regulation 12(3); or

(d) the requirement under regulation 16(1),

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(3) Where the master of a ship, in complying with regulation 11(2) or (3), notifies information which is false in a material particular, the owner of that ship and the master shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(4) Where there is a contravention of—

(a) any requirement of regulation 11(2), (3), (5) or (6);

(b) the requirement under regulation 12(1);

(c) any direction given under regulation 12(3); or

(d) the requirement under regulation 16(1),

in respect of a ship the owner of that ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(5) In any proceedings for an offence under these Regulations it shall be a defence for the defendant to show that all reasonable steps had been taken by him to avoid committing the offence.