Merchant Shipping Act 1995

[F1 130C Charges for and use of waste reception facilities. U.K.

(1) The regulations may make provision enabling a statutory harbour authority, on levying ship, passenger and goods dues, to impose charges for the purpose of recovering the whole or a part of the costs of the provision by or on behalf of the authority of waste reception facilities at the harbour.

(2) The regulations may make provision requiring the master of a ship—

(a) if reasonably required to do so by a Departmental officer, or

(b) in such other circumstances as may be prescribed,

to deposit any waste carried by the ship, or any prescribed description of such waste, in waste reception facilities provided at a harbour in the United Kingdom.

(3) The regulations may make provision—

(a) for the reference to arbitration of questions as to whether requirements made under regulations made in pursuance of subsection (2)(a) above were reasonable, and

(b) for compensation to be payable by the Secretary of State where a requirement is found to have been unreasonable.

(4) The regulations may make—

(a) provision prohibiting the imposition by persons providing waste reception facilities at harbours in the United Kingdom of charges for the depositing of waste, or any prescribed description of waste, in the facilities; or

(b) provision authorising the imposition by such persons of such charges subject to such restrictions as may be prescribed.

(5) The regulations may provide for charges to be imposed by virtue of subsection (4)(b) above—

(a) even though the charges are for the depositing of waste in compliance with a requirement imposed by virtue of subsection (2) above; and

(b) even though charges are also imposed by virtue of subsection (1) above.

(6) Subsections (7) to (9) below apply if the regulations make provision enabling a statutory harbour authority to impose charges of a description mentioned in subsection (1) above.

(7) The regulations may require information about the charges to be published in a way that is designed to bring the charges to the notice of persons likely to be affected.

(8) The regulations may provide for the charges to be reduced at the instance of the Secretary of State following the making of an objection by a person of a prescribed description.

(9) Regulations made by virtue of subsection (8) above may in particular make provision which corresponds to that made by section 31(3) to (12) of the M1 Harbours Act 1964.

(10) The regulations may make provision as to the recovery of any charges imposed by virtue of this section.]

Textual Amendments

F1 Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

Marginal Citations

M1 1964 c. 40.