5.—(1) The discharge of garbage from a ship into the sea is prohibited except as provided in—
(a)regulation 4 of Annex V (discharge of garbage outside special areas);
(b)regulation 5 of Annex V (special requirements for discharge of garbage from fixed or floating platforms);
(c)regulation 6 of Annex V (discharge of garbage within special areas);
(d)section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships); and
(e)regulation 8 (exceptions).
(2) For the purposes of regulation 4.2 of Annex V and regulation 6.2 of Annex V (discharge of cleaning agents or additives) a substance will be “harmful to the marine environment” where it—
(a)falls within the definition of a “harmful substance” in regulation 1 of Annex III to the Convention(1); and
(b)contains any components which are known to be carcinogenic, mutagenic or reprotoxic.
6.—(1) In these Regulations where garbage is mixed with—
(a)substances regulated by an Annex to the Convention other than Annex V; or
(b)other types of garbage,
the more stringent discharge requirements apply to the mixture.
(2) In paragraph (1) “mixed” includes contaminated.
7. A United Kingdom ship must not enter the Antarctic area unless—
(a)it has sufficient capacity for the retention on board of all garbage while operating in that area; and
(b)it has concluded arrangements for the discharge of that retained garbage at a reception facility outside of the Antarctic area.
8.—(1) Regulations 5(1) (prohibition on the discharge of garbage) and 6 (mixed garbage) do not apply to—
(a)the discharge of garbage necessary for the purpose of—
(i)securing the safety of a ship and those on board the ship; or
(ii)saving life at sea;
(b)the accidental loss of garbage—
(i)which is a result of damage to a ship or its equipment; and
(ii)where all reasonable precautions have been taken before and after the occurrence of the damage to prevent or minimise the accidental loss;
(c)the accidental loss of fishing gear, provided that all reasonable precautions have been taken to prevent the accidental loss; or
(d)the discharge of fishing gear for—
(i)the protection of the marine environment; or
(ii)for the safety of a ship or its crew.
(2) The requirement in—
(a)regulation 4 of Annex V (discharge of garbage outside special areas);
(b)regulation 6 of Annex V (discharge of garbage within special areas); and
(c)section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships),
that the discharge of garbage is only permitted while a ship is en route, does not apply to a discharge of food wastes where the retention on board a ship of the food wastes presents an imminent health risk to the persons on board.
(3) Where fishing gear accidentally lost or discharged pursuant to paragraph (1)(c) or (d) poses a significant threat to—
(a)the marine environment; or
(b)navigation,
the accidental loss or discharge must be reported in accordance with paragraph (4).
(4) A report under paragraph (3) must be to—
(a)the ship’s flag State; and
(b)any coastal State which has jurisdiction over the waters where the accidental loss or discharge occurred.
(5) In this regulation the following terms have the meaning given in regulation 1 of Annex V (definitions)—
(a)“en route”;
(b)“fishing gear”; and
(c)“food wastes”.
Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form. Annex III to the MARPOL Convention was revised and replaced by IMO Resolution MEPC.193(61) and further amended by MEPC.246(66) and MEPC.257(67). MARPOL was published in Cmnd. 5748, and amended by the Protocols of 1978 (Cmnd. 7347) and 1997 (Cm. 4427). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers are as follows: HL/PO/JO/10/11/1853/505 (Cmnd. 5748), HL/PO/JO/10/11/1959/2033 (Cmnd. 7347) and HL/PO/JO/10/11/3156/2285 (Cm. 4427). The MEPC Resolutions may be obtained from the IMO Library of 4 Albert Embankment, London SE1 7SR.