Environmental Protection Act 1990

146 Deposits of substances and articles in the sea, etc

(1) Part II of the [1985 c. 48.] Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows.

(2) In section 5 (licences for depositing at sea)—

(a) in paragraph (a), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters”;

(b) paragraphs (c) and (d) shall be omitted;

(c) in paragraph (e)—

(i) in sub-paragraph (i), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters” and at the end there shall be inserted the word “or”; and

(ii) sub-paragraph (iii) shall be omitted.

(3) In section 6 (licences for incineration at sea), in subsection (1)(a)—

(a) in sub-paragraph (i), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters” and at the end there shall be inserted the word “or”; and

(b) sub-paragraph (iii) shall be omitted.

(4) In section 9(5) (Convention State defence to offence of acting without or in contravention of a licence), in paragraph (b), for the word “waters” there shall be substituted the words “controlled waters (and not within United Kingdom waters)”.

(5) In section 11 (powers of officers)—

(a) in subsection (2)(b), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”; and

(b) in subsection (3)(a), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”.

(6) In section 21 (penalties for offences)—

(a) in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and

(b) after that subsection, there shall be inserted the following subsection—

“(2A) A person guilty of an offence under section 9(1) shall be liable—

(a) on summary conviction, to a fine of an amount not exceeding £50,000; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.”

(7) In section 24(1) (definitions) at the end of the definition of “United Kingdom waters” there shall be inserted the words “and “United Kingdom controlled waters” means any part of the sea within the limits of an area designated under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964”.

(8) In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.