The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020

Exemptions

11.—(1) Subject to paragraph (3), the Secretary of State may exempt—

(a) a cargo transfer from the provisions of regulation 4(1) (cargo transfers in United Kingdom waters or controlled waters);

(b) a cargo transfer from the provisions of regulation 5(1) (cargo transfers within harbour authority waters); and

(c) a bunkering operation from the provisions of regulation 10(1) (prohibited bunkering operations).

(2) The Secretary of State may make any such exemption subject to such conditions as the Secretary of State considers appropriate.

(3) Where the Secretary of State considers that a cargo transfer or bunkering operation is likely to have a significant effect on a European site, the Secretary of State must, before granting an exemption under paragraph (1), require the person applying for the exemption to provide sufficient information to enable the Secretary of State to carry out an appropriate assessment of the implications of the cargo transfer or bunkering operation for the European site, in view of the conservation objectives of the site.

(4) The procedure for the assessment referred to in paragraph (3) is the procedure for assessment of an OTL application in Schedules 1 (initial determination of likely effects on European sites) and 2 (procedure for grant of an oil transfer licence), and for this purpose references in Schedules 1 and 2—

(a) to the harbour authority are to be taken as references to the person who applied for the exemption;

(b) to the OTL application are to be taken as references to the application for the exemption;

(c) to the oil transfer licence are to be taken as references to the proposed exempt cargo transfer or bunkering operation; and

(d) to the licence decision are to be taken as references to the decision whether to grant the exemption.

(5) When considering an application for an exemption under paragraph (1)(b), the Secretary of State must—

(a) seek the views of the harbour authority that regulates or manages the harbour authority waters in which the transfer is intended to take place;

(b) provide that harbour authority with a reasonable time to respond; and

(c) take into account any response received from the harbour authority when deciding whether to grant the exemption.