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—

  1. a

     a bunkering operation, or

  2. b

     a transfer of—

     1. i

        cargo residues, or

     2. ii

        ship-generated waste,

     as defined by regulation 2 of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 20032;

• “consolidation operation” means a cargo transfer carried out—

  1. a

     in harbour authority waters,

  2. b

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

  3. c

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

  4. d

     for the purpose of rationalising cargo capacity;

• “the consultation bodies” means—

  1. a

     such of—

     1. i

        Natural England,

     2. ii

        the Countryside Council for Wales,

     3. iii

        Scottish Natural Heritage, and

     4. 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

  2. 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 20103and a “European offshore marine site” as defined in regulation 15 of the Offshore Marine Conservation (Natural Habitats &c) Regulations 20074;

• “general lighthouse authority” has the meaning given to it in section 193 of the Merchant Shipping Act 19955;

• “the Habitats Directive” means Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora6;

• “harbour authority” has the meaning given to it in section 57(1) of the Harbours Act 19647;

• “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 19878 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—

  1. a

     in harbour authority waters,

  2. b

     at the direction of a harbour authority which regulates or manages the waters in which the operation takes place, and

  3. c

     in order to reduce the draught of a ship, enabling it to move to shallower waters regulated or managed by that harbour authority;

• “Natura 2000” has the meaning given to it by regulation 2(1) of the Conservation (Natural Habitats, &c) Regulations 19949;

• “offshore installation” means–

  1. a

     an offshore installation within the meaning of section 44 of the Petroleum Act 199810, which is not a ship, or

  2. b

     a renewable energy installation within the meaning of section 104 of the Energy Act 200411;

• “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—

  1. a

     of a substance or substances specified in the licence,

  2. b

     in a specified location or locations, and

  3. c

     subject to any conditions specified in the licence.