Other amendments of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010I13

1

The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 are amended as follows.

2

After regulation 1(3), insert—

3A

Regulation 5A(2) comes into force on 1st April 2012

3

In regulation 2—

a

in paragraph (b) of the definition of “lightening operation”, for “at the direction” substitute “with the prior consent”;

b

for paragraph (c) of that definition substitute—

c

in order to reduce the draught of the ship transferring the cargo, to enable it to move to shallower waters in a harbour authority area;

c

after the definition of “lightening operation” insert—

  • “Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Merchant Shipping Notice includes a reference to that Merchant Shipping Notice as revised or reissued from time to time;

4

In regulation 3—

a

for paragraph (1) substitute—

1

Subject to paragraph (3) and regulation 6, a cargo transfer must not be carried out in United Kingdom waters unless—

a

the ships carrying out the transfer are within harbour authority waters; or

b

the ships carrying out the cargo transfer are within the permit area, and a permit has been obtained from the Secretary of State in accordance with the procedure set out in Merchant Shipping Notice 1829 .

b

after paragraph (2) insert—

2A

Subject to paragraphs (3) and (5) and regulation 6, a bunkering operation must not be carried out in United Kingdom waters unless the ships carrying out the operation are within harbour authority waters.

c

in paragraph (3), for “Paragraphs (1) and (2)” substitute “Paragraphs (1), (2) and (2A)”;

d

after paragraph (4) insert—

5

Paragraph (2A) does not apply to a bunkering operation between a ship and its rescue boat or tender.

6

In this regulation—

  • “permit area” means the area of sea off Southwold in Suffolk defined by a circle of radius 1.5 nautical miles centred on position 52° 16’N. 01° 57.3’E;

  • “rescue boat” means a ship designed or used to rescue persons in distress and to marshal life rafts.

5

After regulation 5, insert—

Ship-to-ship transfer operations plans and notification of cargo transfers in the Pollution Control Zone5A

1

A cargo transfer to or from a ship with a gross tonnage of 150 tons or more must not be carried out in United Kingdom waters or in the Pollution Control Zone unless a ship-to-ship transfer operations plan has been approved by the ship’s flag State.

2

A cargo transfer to or from such a ship must not be carried out in the Pollution Control Zone unless the Secretary of State has been notified in accordance with the procedure specified in Merchant Shipping Notice 1829.

3

A cargo transfer to or from such a ship in United Kingdom waters or in the Pollution Control Zone must be carried out in compliance with its ship-to-ship transfer operations plan.

4

In this regulation—

  • “flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

  • “Pollution Control Zone” means the areas of sea defined in the Schedule to the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 19963; and

  • “ship-to-ship transfer operations plan” means a document which—

    1. a

      is in the working language of the ship to which it relates; and

    2. b

      sets out how cargo transfer operations should be conducted, based on best practice guidelines identified by the International Maritime Organization.

5

For the purposes of this regulation, gross tonnage is to be determined in accordance with Schedule 3.

6

In regulation 8, for “1st October 2010” (twice occurring) substitute “1st April 2012”.

7

After Schedule 2, insert the Schedule set out in the Schedule to these Regulations.