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3.—(1) Subject to paragraph (3) and regulation 6, a cargo transfer or bunkering operation must not be carried out in United Kingdom waters unless the ships carrying out the cargo transfer or bunkering operation are within harbour authority waters.
(2) Subject to paragraph (3) and (4) and regulation 8, a cargo transfer must not be carried out in harbour authority waters, except in accordance with an authorisation of the harbour authority which regulates or manages the waters in which the cargo transfer is carried out.
(3) Paragraphs (1) and (2) do not apply to a cargo transfer or bunkering operation—
(a)between a ship and an offshore installation;
(b)to or from a warship, naval auxiliary ship or other ship owned or operated by a State and used solely, for the time being, on government non-commercial service; or
(c)carried out by or on behalf of a general lighthouse authority.
(4) Paragraph (2) does not apply to a cargo transfer which is—
(a)a lightening operation; or
(b)a consolidation operation.
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