The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

Offences

21.—(1) Any contravention of—

(a) regulation 5(1) (prohibition on the discharge of garbage), in the case of a fixed or floating platform, is an offence by the owner and manager of the platform;

(b) regulation 7 (restriction on United Kingdom ships entering the Antarctic area), 8(3) (reporting of the loss or discharge of fishing gear), 10 (placards), 11(1) (garbage management plan), 12(2) (garbage record book), 12(3)(a) (availability of inspection of garbage record book), 13(1), 13(2), 13(3) (entries in garbage record books) or 15(2) (exceptions and entries in log-books), in the case of a fixed or floating platform, is an offence by the owner and manager of the platform;

(c) regulation 5(1) (prohibition on the discharge of garbage), in the case of a ship other than a fixed or floating platform, is an offence by the owner, manager, demise charterer and master of the ship;

(d) regulation 7 (restriction on United Kingdom ships entering the Antarctic area), 8(3) (reporting of the loss or discharge of fishing gear), 10 (placards), 11(1) (garbage management plan), 12(2) (garbage record book), 12(3)(a) (availability of inspection of garbage record book), 13(1), 13(2), 13(3) (entries in garbage record books), or 15(2) (exceptions and entries in log-books), in the case of a ship other than a fixed or floating platform, is an offence by the owner, manager, demise charterer and master of the ship;

(e) regulation 9(1) or (3)(a) (declaration regarding solid bulk cargoes) is an offence by the shipper;

(f) regulation 9(3)(b) (declaration regarding solid bulk cargoes) is an offence by the forwarder;

(g) regulation 11(2) (garbage management plan), in the case of a fixed or floating platform, is an offence by the manager of the platform;

(h) regulation 11(2) (garbage management plan), in the case of a ship other than a fixed or floating platform, is an offence by the master of the ship;

(i) regulation 12(3)(b) (receipts from reception facilities), in the case of a fixed or floating platform, is an offence by the owner of the platform;

(j) regulation 12(3)(b) (receipts from reception facilities), in the case of a ship other than a fixed or floating platform, is an offence by the owner of the ship;

(k) regulation 13(1) or 13(2) (entries in garbage record books), is an offence by the officer in charge of the discharge, accidental loss or completed incineration;

(l) regulation 13(5) (entries in garbage record books), in the case of a fixed or floating platform, is an offence by the manager of the platform; and

(m) regulation 13(5) (entries in garbage record books), in the case of a ship other than a fixed or floating platform, is an offence by the master of the ship.

(2) Subject to paragraphs (3) and (4) an offence under paragraph (1) is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine.

(3) A contravention of regulation 10 (placards) is punishable on summary conviction—

(a) in England and Wales by a fine; or

(b) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.

(4) A contravention referred to in paragraph (1)(a) or (c) is specified for the purpose of article 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006(1) (which applies section 131(3) of the 1995 Act (penalties for certain pollution offences) subject to a modification).

(1)

S.I. 2006/2950.