The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003

Charges for ship-generated waste: further provisions

14.—(1) Waste charges shall be made at such level as will—

(a) ensure that each ship to which regulation 13 applies makes a significant contribution to the costs of waste reception facilities for ship-generated waste in the harbour or terminal, as the case may be (including the costs of the treatment and disposal of waste), irrespective of actual use of the facilities; and

(b) provide no incentive for ships to discharge ship-generated waste into the sea.

(2) In making waste charges for ships a harbour authority or terminal operator may take into account the category, type and size of the ship.

(3) A harbour authority or terminal operator may make lower waste charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship-generated waste.

(4) In making waste charges under regulation 13(1) a harbour authority may make the charges in a combined charge under section 27A of the Harbours Act 1964(1) or as a separate charge.

(5) Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a harbour authority by virtue of regulation 13(1) as they apply as respects charges to which section 31 or, as the case may be, section 7 applies but—

(a) with the substitution for the references to the persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a) and (b) and (3)(b) of references to—

(i) the owners of ships which customarily navigate in the harbour in question;

(ii) any persons who carry on harbour operations within that harbour; and

(iii) any other harbour authority to whose harbour ships obtain access through that harbour,

or, in any of those cases, persons representative of them; and

(b) with the omission of section 31(2)(iii) or, as the case may be, section 7(1)(iii).

(6) Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a terminal operator by virtue of regulation 13(2) as they apply as respects charges made by a harbour authority to which section 31 or, as the case may be, section 7 applies but—

(a) with the substitution for the words “by a harbour authority at a harbour which, in the exercise of and performance of statutory powers and duties, they are engaged in improving, maintaining or managing” in section 31(2) of the words “by a terminal operator at a terminal which they operate”;

(b) with the substitution for the references to the persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a) and (b) and (3)(b) of references to any persons who customarily use the terminal in question; and

(c) with the omission of section 31(2)(iii) and the words “passengers or goods” in section 31(2)(iv) or, as the case may be, section 7(1)(iii) and the words “passengers or goods” in section 7(1)(iv).

(1)

1964 c. 40. Section 27A was inserted by paragraph 8(1) of Schedule 6 to the Transport Act 1981 (c. 56).