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This is the original version (as it was originally made).
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.
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