The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

Interpretation U.K.

2.  In these Regulations—

“application” means, except as provided otherwise by regulation 6(4) and in regulation 7(3), an application for an oil transfer licence submitted by a harbour authority to the Secretary of State under regulation 5(1);

“bunkering operation” means the transfer between ships of a substance consisting wholly or mainly of oil for consumption by the engines of the ship receiving the substance;

“cargo transfer” means the transfer between two ships of a substance consisting wholly or mainly of oil which is transported by either or both of the ships for reward, but does not include—

(a)

a bunkering operation, or

(b)

a transfer of—

(i)

cargo residues, or

(ii)

ship-generated waste,

as defined by regulation 2 of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(1);

“consolidation operation” means a cargo transfer carried out—

(a)

in harbour authority waters,

(b)

between two ships which normally carry out bunkering operations in the harbour authority waters in which the operation takes place,

(c)

with the prior consent of the harbour authority which regulates or manages the waters in which the operation takes place, and

(d)

for the purpose of rationalising cargo capacity;

“the consultation bodies” means—

(a)

such of—

(i)

Natural England,

(ii)

[F1 the Natural Resources Body for Wales],

(iii)

Scottish Natural Heritage, and

(iv)

the Council for Nature Conservation and the Countryside,

as the Secretary of State considers likely to have an interest in an application by reason of their responsibilities, and

(b)

any authority or other body the Secretary of State considers likely to have an interest in an application (whether by virtue of having specific environmental responsibilities under any enactment or otherwise);

“European site” means a “European site” as defined in regulation 8 of the Conservation of Habitats and Species Regulations 2010(2)and a “European offshore marine site” as defined in regulation 15 of the Offshore Marine Conservation (Natural Habitats &c) Regulations 2007(3);

“general lighthouse authority” has the meaning given to it in section 193 of the Merchant Shipping Act 1995(4);

“the Habitats Directive” means Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora(5);

“harbour authority” has the meaning given to it in section 57(1) of the Harbours Act 1964(6);

“harbour authority waters” means waters regulated or managed by a harbour authority, excluding any areas outside a harbour over which a harbour authority exercises control in accordance with the Pilotage Act 1987(7) by virtue of an order of the Secretary of State made under section 1(3)(a) of that Act;

“licence decision” means the decision of the Secretary of State whether to grant an oil transfer licence or an amended oil transfer licence and, if so, as to the terms on which to do so;

“lightening operation” means a cargo transfer carried out—

(a)

in harbour authority waters,

(b)

[F2 with the prior consent] of a harbour authority which regulates or manages the waters in which the operation takes place, and

(c)

[F3 in order to reduce the draught of the ship transferring the cargo, to enable it to move to shallower waters in a harbour authority area;]

[F4 “Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Merchant Shipping Notice includes a reference to that Merchant Shipping Notice as revised or reissued from time to time;]

“Natura 2000” has the meaning given to it by regulation 2(1) of the Conservation (Natural Habitats, &c) Regulations 1994(8);

“offshore installation” means–

(a)

an offshore installation within the meaning of section 44 of the Petroleum Act 1998(9), which is not a ship, or

(b)

a renewable energy installation within the meaning of section 104 of the Energy Act 2004(10);

“oil” has the meaning given to it by section 151 of the Merchant Shipping Act 1995; and

“oil transfer licence” means a licence granted to a harbour authority by the Secretary of State, enabling the harbour authority to authorise cargo transfers—

(a)

of a substance or substances specified in the licence,

(b)

in a specified location or locations, and

(c)

subject to any conditions specified in the licence.

Textual Amendments

F1 Words in reg. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 389 (with Sch. 7)

F2 Words in reg. 2 substituted (31.3.2012) by The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012 (S.I. 2012/742), regs. 1(2), 3(3)(a)

F3 Words in reg. 2 substituted (31.3.2012) by The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012 (S.I. 2012/742), regs. 1(2), 3(3)(b)

F4 Words in reg. 2 inserted (31.3.2012) by The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012 (S.I. 2012/742), regs. 1(2), 3(3)(c)

Commencement Information

I1 Reg. 2 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

(1)

S.I. 2003/1809; the definition of “ship-generated waste” was amended by regulation 2(2)(b) of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009 (SI 2009/1176).

(2)

S.I. 2010/490.

(3)

S.I. 2007/1842.

(4)

1995 c.21.

(5)

O.J. No. L 206, 22.7.92, p.7.

(6)

1964 c.40.

(7)

1987 c.21.

(8)

S.I. 1994/2716.

(9)

1998 c.17.

(10)

2004 c.20.