PART 1General

Interpretation2.

(1)

In these Regulations—

“the 1995 Act” means the Merchant Shipping Act 1995;

“Annex V” means Annex V to the Convention4;
“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 20145 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of UNCLOS (Protection and Preservation of the Marine Environment);
“the Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocols of 1978 and 19976;

“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

“GT” means gross tonnage and the gross tonnage of a ship is to be determined, for the purposes of these Regulations, in accordance with the Schedule (gross tonnage);

“harbour master” incudes a dock master, pier master and any person specifically appointed by a harbour authority within the meaning of section 151(1) (interpretation) of the 1995 Act for the purpose of enforcing the provisions of these Regulations;

“the IMSBC Code” means the International Maritime Solid Bulk Cargoes (IMSBC) Code7;

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—

(a)

transferred between ships;

(b)

loaded onto a ship after having been transported from the shoreline; or

(c)

unloaded from a ship for transporting to the shoreline;

“Polar Code” has the meaning given to it in regulation 13 of Annex V (definitions)8;

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

“ship” means a vessel of any type whatsoever which is operating in the marine environment, including a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft and a fixed or floating platform;

“SOLAS” means the International Convention for the Safety of Life at Sea, 19749; and
“UNCLOS” means the United Nations Convention on the Law of the Sea10.

(2)

In these Regulations the following terms have the meaning given in regulation 1 of Annex V (definitions)—

(a)

“Antarctic area”;

(b)

“fixed or floating platform”; and

(c)

“garbage”.

(3)

For the purposes of these Regulations—

(a)

subject to sub-paragraph (b), a “discharge” in relation to garbage, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

(b)

a “discharge” does not include—

(i)

dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, signed at London on 13th November 1972, as amended by the 1996 Protocol11; or

(ii)

the release of garbage for the purposes of legitimate scientific research into pollution abatement or control; and

(c)

a “United Kingdom ship” means a ship which—

(i)

is registered in the United Kingdom; or

(ii)

is not registered under the law of any country but is wholly owned by persons each of whom is—

(aa)

a British Citizen, a British overseas territories citizen or a British overseas citizen; or

(bb)

a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.