The Control of Pollution (Landed Ships' Waste) (Amendment) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Control of Pollution (Landed Ships' Waste) Regulations 1987 (“the 1987 Regulations”) to apply to ships garbage landed in Great Britain the same requirements that apply to tank washings landed there. They complement the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988, which give effect to the provisions of Annex V of the International Convention for the Prevention of Pollution from Ships 1973 (Cmnd. 5748) by empowering harbour authorities to provide reception facilities for garbage disposed of by ships.

Under the present Regulations such garbage is to be treated as industrial waste for the purposes of Part I of the Control of Pollution Act 1974; an exemption is granted from the licensing requirements of section 3(1) of that Act for persons providing facilities in harbour areas for receiving any such garbage that is not liable to give rise to an environmental hazard; and an exemption is granted from the requirements of the Control of Pollution (Special Waste) Regulations 1980 (S.I. 1980/1709) as to consignment notes in respect of the movement of any such garbage that is special waste from ships to reception facilities within harbour areas or between such facilities or by pipeline to facilities provided outside harbour areas.

These Regulations also slightly amend the definitions of “harbour area” and “ship” in the 1987 Regulations, and restrict the exemption from licensing contained in regulation 4 of those Regulations to deposits that are not liable to give rise to an environmental hazard. Regulation 6 makes an amendment to the 1987 Regulations consequent on the Control of Pollution (Special Waste) (Amendment) Regulations 1988 (S.I. 1988/1790).