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The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998

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Interpretation

2.—(1) In these Regulations:

the Act” means the Merchant Shipping Act 1995(1);

“certified” means, in relation to a ship, certified in accordance with the Merchant Shipping (Survey and Certification) Regulations 1995(2);

“controlled waters” means the waters specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996(3);

“Convention” means the International Convention for the Prevention of Pollution from Ships 1973, including its protocols and Annex V (but no other Annex) and appendices thereto(4) as amended by the Protocol of 1978 to that Convention(5) and includes all the amendments adopted by the Organisation’s Marine Environment Protection Committee before September 1997 and any subsequent amendment which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“from the nearest land” means, in relation to all land other than the part of Australia specified below, from the nearest baseline from which the territorial sea of any territory is established in accordance with international law; and in relation to the part of the north-eastern coast of Australia which lies between the points 11°00’S, 142°08’E and 24°42’S, 153°15’E, means from the nearest of the straight lines joining consecutively the following points:

  • 11°00'S, 142°08'E; 10°35'S, 141°55'E; 10°00'S, 142°00'E; 9°10'S, 143°52'E; 9°00'S, 144°30'E; 13°00'S, 144°00'E; 15°00'S, 146°00'E; 18°00'S, 147°00'E; 21°00'S, 153°00'E and 24°42'S, 153°15'E;

“garbage” means all kinds of victual, domestic and operational wastes excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;

“harmful substances in packaged form” means those substances which are identified as marine pollutants in the IMDG Code and which are in the form of containment specified in the schedules of that Code;

“the IMDG Code” means the 1994 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time by any document which is considered by the Secretary of State to be relevant and is specified in a Merchant Shipping Notice;

“inspector” means a person appointed as an inspector by the Secretary of State for the purposes of these Regulations under section 256 of the Act or regulation 12(4) below;

“installation” means any drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of seabed mineral resources;

“Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that notice;

“mile” means an international nautical mile, that is to say a distance of 1,852 metres;

“noxious liquid substances” and “non-polluting liquid substances” have the meanings respectively given to them in the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996(6);

“oil” and “oily mixtures” have the meanings respectively given to them in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(7);

“operational wastes” means all maintenance wastes, cargo associated wastes and cargo residues except residues or wastes from oil or oily mixtures, noxious liquid substances, non-polluting liquid substances or harmful substances in packaged form;

“the Organisation” means the International Maritime Organisation;

“overall length” means the extreme length of the hull measured between the foremost part of the bow and the aftmost part of the stern;

“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets, plastic bags and foam plastics (polystyrene and styrofoam);

“required standard” means, in relation to comminuted or ground garbage, comminuted or ground sufficiently finely to be capable of passing through a screen with openings no greater than 25 millimetres;

“sea” includes any estuary or arm of the sea;

“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and hovercraft;

“United Kingdom ship” means a ship which:

(a)

is registered in the United Kingdom; or

(b)

is not registered under the law of any country but is wholly owned by persons each of whom is either a British citizen or a body corporate which is established under the law of a part of the United Kingdom and has its principle place of business in a part of the United Kingdom.

(2) For the purposes of these Regulations a Special Area is any of the following areas, that is to say the Baltic Sea area, the North Sea area and the Antarctic area; and the said areas are respectively defined as follows—

(a)“the Baltic Sea area” means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel 57° 44'.8 N east of the Skaw in the Skagerrak;

(b)“the North Sea area” means all sea areas within the following boundaries (including the North Sea proper and the English Channel and its approaches)—

(i)to the north, the boundary constituted by the 62° N parallel from Norway westward to 4° W meridian and thence southward to Scotland;

(ii)to the east, the boundary constituted by the parallel 57° 44'.8 N east of the Skaw in the Skagerrak;

(iii)to the south, the boundary constituted by the parallel 48° 30' N from France westward to 5° W meridian and thence northward to England;

(c)“the Antarctic area” means the sea area south of latitude 60° S.

(3) In the application of these Regulations to a hovercraft, references to the master of a ship shall be taken to be include references to the captain of the hovercraft.

(2)

S.I. 1995/1210, amended by S.I. 1996/2418.

(3)

S.I. 1996/2128, amended by S.I. 1997/506.

(4)

Cmnd. 5748.

(5)

Cmnd. 7347.

(6)

S.I. 1996/3010, to which there is an amendment not relevant to these Regulations.

(7)

S.I. 1996/2154, to which there is an amendment not relevant to these Regulations.

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