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The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

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This is the original version (as it was originally made).

Control of discharge of oil from oil tankers

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26.—(1) Subject to regulations 21 to 23, and paragraphs (2) and (4), the discharge into the sea of oil or oily mixtures from the cargo area of an oil tanker is prohibited.

(2) Paragraph (1) is subject to the following exceptions—

(a)in the case of an oil tanker on a voyage outside of a special area except in Arctic waters, when all of the conditions specified in regulation 34.1 of Annex I are satisfied; or

(b)in the case of a ship on a voyage only part of which is in a special area, when—

(i)the discharge is made outside of a special area except in Arctic waters; and

(ii)all of the conditions specified in regulation 34.1 of Annex I are satisfied.

(3) Subject to regulations 21 and 27, and paragraph (4), any discharge into the sea of oil or oily mixture from the cargo area of an oil tanker is prohibited in a special area.

(4) Paragraphs (1) and (3) do not apply to the discharge of clean ballast or segregated ballast.

(5) So far as is reasonably practicable the Secretary of State must, on receipt of a report of visible traces of oil observed on or below the surface of the water in the immediate vicinity of a ship or its wake, launch an investigation to determine whether provisions in this regulation have been contravened.

(6) An investigation launched under paragraph (5) must in particular include an examination of—

(a)the wind and sea conditions;

(b)the track and speed of the ship;

(c)other possible sources of the visible traces of oil in the relevant vicinity; and

(d)any relevant oil discharge records.

(7) The discharge into the sea of—

(a)chemicals or other substances in quantities or concentrations which are hazardous to the marine environment; or

(b)chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation,

is prohibited.

(8) Oil residues which cannot be discharged into the sea in compliance with regulation 34 of Annex I must be retained on board the ship for subsequent discharge into reception facilities.

(9) In this regulation “clean ballast” and “segregated ballast” have the meaning given in regulation 1 of Annex I.

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