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The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 1998

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (the Principal Regulations).

The Regulations provide that section 131(3) of the Merchant Shipping Act 1995 shall apply to an offence for a contravention of regulation 5 of the Principal Regulations so that the owner and master shall be liable on summary conviction to a fine not exceeding £25,000 for illegal discharges of noxious liquid substances (regulation 2(2)(b)). Previously the maximum fine was £5,000.

In addition, the Regulations provide that sections 143(6), 144 and 146 of the Merchant Shipping Act 1995 (as amended by these Regulations) shall apply to an offence for a contravention of regulation 5 as they do to an offence under section 131 of that Act (regulation 2(2)(b) and (3)). These provisions provide enhanced enforcement powers in relation to illegal discharges of noxious liquid substances.

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