Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options


This is the original version (as it was originally made). This item of legislation is currently only available in its original format.


20.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—

(a)that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with;

(b)that the disposal was necessary for the purpose of securing the safety of the ship or installation or those on board, or of saving life at sea; or

(c)that the escape of garbage resulted from damage to the ship or installation or the ship’s or installation’s equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimise the escape.

(2) Without prejudice to paragraph (1) above, it shall be a defence for a person charged to prove—

(a)in any proceedings in respect of a ship for contravening regulation 4 or 6 above by the disposal into the sea of synthetic fishing nets or synthetic material incidental to the repair of such nets, that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss; or

(b)in any proceedings in respect of a ship for contravening any provision of regulations 4 to 6 above, that—

(i)the ship is not a United Kingdom ship;

(ii)the offence took place outside United Kingdom waters and controlled waters; and

(iii)the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or any other reason beyond the control of the master, owner, charterer or manager (if any).

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources