The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020

Consultation and publicity

4.—(1) The Secretary of State must either—

(a) supply the documents set out in sub-paragraph (2) to the consultation bodies, or

(b) direct the harbour authority to supply them to the consultation bodies.

(2) The documents referred to in sub-paragraph (1) are—

(a) a copy of the OTL application;

(b) a copy of any further information supplied by the harbour authority to the Secretary of State under paragraph 3 (provision of further information); and

(c) a letter stating that any representation regarding the OTL application should be made in writing to the Secretary of State, at an address specified in the letter, within the period of 42 days beginning with the date of the letter, or such longer period as may be agreed between the consultation bodies and the Secretary of State.

(3) The Secretary of State must either—

(a) publicise the OTL application by the method set out in sub-paragraph (4), or

(b) direct the harbour authority to publicise the OTL application by the method set out in sub-paragraph (4).

(4) The method referred to in sub-paragraph (3) is—

(a) the publication, in two successive weeks, of a notice containing the information set out in sub-paragraph (5) in such newspapers or other publications as the Secretary of State considers appropriate, and

(b) such other steps as the Secretary of State considers appropriate.

(5) The information referred to in sub-paragraph (4) is—

(a) the harbour authority’s name and correspondence address;

(b) confirmation that an environmental statement has been submitted in connection with the OTL application and that further information, if any, has been provided to the Secretary of State;

(c) a description of the proposed cargo transfers, including—

(i) the types of substances to be transferred;

(ii) the maximum quantities of each substance to be transferred in any single operation and/or within any specified time period;

(iii) the anticipated frequency of transfers; and

(iv) the types of ship to be used to carry out the transfers;

(d) the address of an office of the Secretary of State, or other place nominated by the Secretary of State, at which copies of the OTL application and the further information, if any, may be inspected free of charge at all reasonable hours, within the period of 42 days beginning with the date of publication of the notice;

(e) the address from which copies of the OTL application and the further information, if any, may be obtained from the Secretary of State and, if a charge is to be made for a copy, the amount, not exceeding a reasonable charge for copying, of the charge; and

(f) a statement that any person wishing to make representations regarding the OTL application and the further information, if any, should make them in writing to the Secretary of State at an address specified in the notice, within the period of 42 days beginning with the date of publication of the notice.

(6) The Secretary of State need not deal further with, or exercise any functions under these Regulations in relation to, the OTL application until—

(a) the harbour authority has complied with any directions given in accordance with sub-paragraph (1)(b) or (3)(b); and

(b) the expiry of—

(i) the consultation period, including any extension agreed in accordance with sub-paragraph (2)(c); and

(ii) the period for the making of representations in accordance with sub-paragraph (5)(f).