Gibraltar Merchant Shipping (Port Waste Reception Facilities) Regulations, 2002

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 Regulations made under ss. 98 and 118. GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 (LN. 2002/098) 31.7.2003 Amending enactments Relevant current provisions Commencement date LN. 2003/128 rr. 1, 3(2)(c) and (3), 8, 8(a), (c), 12(1), 13(2) and (3), 14(2) and 17(2) 31.7.2003 2006/132 rr. 1, 2(1) & (4), 3(1)(b) & (4), 12(4)(a), (5), 13A, 14A, 15(3A), 17(2), 18(1), (3), (4) & (6), 19(1) & (2), 20 & Sch. 3 25.1.2007 2010/045 rr. 2(1), 13A(2), 17(1)(b), 17(2) & Sch. 3 4.3.2010 2011/101 r. 12(2A) 30.6.2011 2016/230 Sch. 3 9.12.2016 EU Legislation/International Agreements involved: Directive 2000/59/EC Directive 2007/71/EC Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 ARRANGEMENT OF REGULATIONS Regulations 1. Title and commencement. 2. Interpretation. 3. Application of these Regulations. 4. Requirement to ensure adequate port waste reception facilities. 5. Direction to provide adequate port waste reception facilities. 6. Procedure for reporting inadequacies to the Administration. 7. Requirements regarding waste reception and handling plans. 8. Requirements regarding waste reception and handling plans: time for submission. 9. Approval and implementation of waste reception and handling plans. 10. Power of the Minister to prepare waste reception and handling plans. 11. Direction to implement waste reception and handling plans. 12. Notification. 13. Delivery of ship-generated waste. 13A. Delivery of ship-generated sewage. 14. Charges for ship-generated waste. 14A. Charges for ship-generated sewage. 15. Exemptions. 16. Delivery of cargo residues. 17. Informing next port of call. 18. Inspection and detention of ships. 19. Enforcement of detention. 20. Penalties. 21. Offences by body corporate. 22. Reference of detention notices to Supreme Court. 23. Delegation of powers. SCHEDULE 1 Form for reporting inadequacies of Port reception facilities. SCHEDULE 2 Requirements for waste management plans. SCHEDULE 3 Information to be notified. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 In exercise of the powers conferred on it by sections 98 and 118 of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993, and for the purposes of transposing into the law of Gibraltar Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues, the Government has made the following Regulations– Title and commencement. 1. These Regulations may be cited as the Gibraltar Merchant Shipping (Port Waste Reception Facilities) Regulations, 2002 and come into operation on a date to be appointed by the Minister with responsibility for the Port and Shipping. Interpretation. 2.(1) In these Regulations, unless the context otherwise requires– “Administration” means the Maritime Administrator in the case of Gibraltar, and in other cases the Administration of the relevant flag State; “cargo residues” means the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed and includes excesses and spillage from loading or unloading; “contractor” means a contractor appointed by the Minister for carrying out duties in connection with a waste reception and handling plan prepared under these Regulations; “Convention” means the International Convention for the Prevention of Pollution from ships 1973 as amended by Protocol of 1978 (Marpol 73/78), relating to that Convention in its up-to-date version; “Directive” means Directive 2000/59/EC1 of the European Parliament and Council on port reception facilities for ship-generated waste and cargo residues as amended; “EEA State” means a Member State, Norway, Iceland or Liechtenstein; “garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal 1 O.J. L332, 28.12.2000, p.81. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 operation of the ship and liable to be disposed of continuously or periodically, except sewage; “inspector” means an inspector appointed under section 56 of the Act; “Member State” means any State within the European Economic Area, and includes Gibraltar; “MEPC Circular” means a circular of that description issued by the Marine Environment Protection Committee of the International Maritime Organization; “Minister” means the Minister with responsibility for the Port and Shipping; “new ship” means a ship– (a) in respect of which a building contract was placed on or after 27th September 2003; (b) in the absence of a building contract, the keel of which was laid or which was at a similar stage of construction on or after 27th September 2003; or (c) the delivery of which is on or after 27th September 2006; “noxious liquid substance” means a substance listed as such in either MEPC Circular 2/CIRC.1 or a Category A, B, C or D substance; “Act” means the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993 (No. 13 of 1995); “oil” shall have the meaning assigned to it in the Merchant Shipping (Oil Pollution) Regulations,1999; “oily mixtures” means a mixture with any oil content; “operational waste” means all cargo-associated waste and maintenance waste; “owner” in relation to a ship, means the owner, charterer, manager or operator of a ship; “Port” means– Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (a) that area of water and the foreshore adjacent thereto as is commonly known and recognised as the Port, roadstead and anchorage ground of Gibraltar including Admiralty and Port Waters as defined from time to time in any other law of Gibraltar; (b) all that area of land defined as being part of the Port in the Port Act; and (c) the area within Gibraltar territorial waters commonly known as the Eastern Anchorage, within the co-ordinates specified in the schedule; “port authority” means the Gibraltar Port Authority established by section 3 of the Gibraltar Port Authority Act 2005; “prescribed waste” means any waste of the following descriptions (a) cargo residues; (b) noxious liquid substances; (c) ship-generated waste; and (d) ship-generated sewage; “recreational craft” means a ship of any type, regardless of the means of propulsion, which is intended for sports or leisure purposes; “sewage” means– (a) drainage and other wastes from any form of toilet and urinal on board a ship; (b) drainage from medical premises, including a dispensary and a sick bay, via a wash basin, a wash tub or a scupper located in those premises; (c) drainage from spaces containing living animals; or (d) other waste waters when mixed with any drainage referred to in paragraphs (a), (b) and (c); “ship-generated sewage” means all sewage which is generated during the service of a ship; Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 “ship-generated waste” means garbage, oil and oily mixtures generated during the service of a ship, but does not include cargo residues. “similar stage of construction” means– (a) a stage at which construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less; (2) Subject to subregulation (1), words and expressions used in these Regulations shall have the same meaning assigned to them in the Directive. (3) Any direction given under these Regulations shall be in writing. (4) Any power under these Regulations to give a direction includes power to vary or revoke the direction by a subsequent direction. Application of these Regulations. 3.(1) These Regulations apply to– (a) the port; and (b) all ships entering port Waters subject to subregulations (2), (3), and (4) or operating within port Waters subject to subregulations (2), (3), and (4). (2) These Regulations do not apply to– (a) war ships; (b) naval auxiliaries; and (c) ships owned or operated by a State and used, for the time being, only on government non-commercial service. (3) Regulations 12 and 14(4) do not apply to a ship which is a fishing vessel or recreational craft authorised to carry no more than 12 passengers. (4) In so far as– Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (a) the notice referred to in subregulation (1) of regulation 12; (b) regulation 13A; and (c) the charges referred to in subregulation (1) or (2) of regulation 14, respectively relate to ship-generated sewage, regulations 12, 13A and 14 shall not apply to existing ships until on and after 27th September 2008. Requirement to ensure adequate port waste reception facilities. 4.(1) The port authority shall ensure the availability of waste reception facilities adequate to meet the needs of ships normally using the port without causing undue delay to ships. (2) In subregulation (1) “adequate” means capable of receiving the types and quantities of prescribed wastes from ships normally using the port taking into account the operational needs of the users of the port, its size and geographical location, the types of ships calling there and any exemptions provided for under regulation 15. (3) For the purposes of subregulation (1) the powers of the port authority to ensure the availability of adequate waste reception facilities may include power to join with any other person in providing them, and references in these Regulations to the provision of such facilities by the port authority may be construed accordingly; and any such power may also include power to arrange for the provision of such reception facilities by any other person. Direction to provide adequate port waste reception facilities. 5. Where it appears to the Minister, after consultation with the port authority, that– (a) the port has no waste reception facilities; or (b) if the port has such facilities, those facilities are not adequate, the Minister may direct the port authority to provide, or arrange for the provision of, such waste reception facilities as may be specified in the direction. Procedure for reporting inadequacies to the Administration. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 6.(1) When inadequate reception facilities are encountered in the Port, the master of the ship, in the first instance, shall bring such inadequacies to the notice of the port authority with a view to resolving them locally. (2) If the problems of inadequate reception facilities are still not resolved by the port authority or even if they are resolved, the matter must then be reported to the Administration using the form set out in Schedule 1. (3) The Administration shall investigate each report received and where, in its opinion, the allegation of inadequate facilities is justified, it shall take up the matter of the alleged inadequacy directly with the port authority. Requirements regarding waste reception and handling plans. 7.(1) The port authority shall develop a waste reception and handling plan with respect to the provision of waste reception facilities and the use of those facilities by ships using the port and shall submit the plan to the Minister for approval. (2) In developing a waste reception and handling plan the port authority shall consult– (a) persons appearing to the port authority to represent the interests of– (i) persons using the port, (ii) persons using the waste reception facilities at the port; and (b) such other persons, if any, as the port authority thinks fit. (3) Plans developed in accordance with this regulation shall comply with the provisions in Schedule 2 to these Regulations. Requirements regarding waste reception and handling plans: time for submission of plans. 8. The port authority shall submit its waste reception and handling plans for the port to the Minister– (a) as soon as possible or at the latest within nine months from the commencement of these Regulations; Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (b) within twelve months, in the case of any significant change to the operation of the port since the most recent plan was approved by the Minister pursuant to regulation 9(1) or prepared by him pursuant to regulation 10; or (c) no later than two years after the most recent plan was approved by the Minister pursuant to regulation 9(1) or prepared by him pursuant to regulation 10. Approval and implementation of waste reception and handling plans. 9.(1) The Minister may either– (a) reject a plan submitted in accordance with regulation 7; or (b) approve the plan with or without modifications. (2) A plan which has been approved by the Minister pursuant to subregulation (1) or prepared by the Minister pursuant to regulation 10 shall be implemented by the port authority. Power of the Minister to prepare a waste reception and handling plan. 10. If the Minister is satisfied that a person who is required to prepare a waste reception and handling plan is not taking any steps necessary in connection with the preparation of the plan the Minister may prepare such a plan. Direction to implement a waste reception and handling plan. 11. The Minister may direct the port authority to take such steps as are specified for the purposes of securing the implementation of a waste reception and handling plan approved pursuant to regulation 9(1) for the port. Notification. 12.(1) The master of a ship bound for the port of Gibraltar shall complete a notice in the form in Schedule 3. (2) The information in the notice referred to in subregulation (1) shall be notified by the master or his agent to the port authority or any other entity appointed by the Minister for the purpose Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (a) at least 24 hours before the arrival of the ship in the port of Gibraltar; (b) as soon as it is known that the ship is to call at Gibraltar, if the information is available less than 24 hours prior to arrival; (c) where the duration of the voyage is less than 24 hours, at the latest upon departure from the previous port. (2A) The notice under sub-paragraph (1) shall be given to the port authority or person appointed under sub-paragraph (2) as required. Any amendment required to the form or the information contained therein, or a failure to present the form or the information within the required time limit, shall attract a fee of £200. (3) A copy of the notice referred to in subregulation (1) shall be retained on board the ship until at least the next port of call is reached. (4) The master of a ship bound for the port of Gibraltar shall (a) if the previous port of call of the ship was a port in an EEA State, and (b) the Administration requests it, produce to the Administration a copy of the notice retained in accordance with subregulation (3). (5) The master of a Gibraltar registered ship calling at a port of another EEA State shall– (a) if the previous port of call of the ship was a port in an EEA State; and (b) the Administration of the EEA State where the ship is calling requests it, produce to the Administration, immediately on request, a copy of the notice retained in accordance with subregulation (4). Delivery of ship-generated waste. 13.(1) Subject to subregulation (2), the master of a ship shall ensure that before the ship leaves the port of Gibraltar all ship-generated waste is delivered to a waste reception facility. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (2) Subject to subregulations (3) and (4), a ship may proceed to the next port of call without delivering ship-generated waste if it follows from the information notified under regulation 12(2) that there is sufficient dedicated storage capacity for all the ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship to the port of delivery. (3) Where the Administration is not satisfied that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and which will accumulate during the intended voyage of a ship to the port of delivery, if there are good reasons to believe that adequate facilities are not available at the intended port of delivery, or the intended port of delivery is not known to him, he may give a direction to the master or owner of the ship requiring the ship-generated waste to be delivered before the ship leaves the port. (4) Subregulation (2) applies without prejudice to more stringent delivery requirements for ships contained in any other enactment. Delivery of ship-generated sewage. 13A.(1) Subject to subregulation (2), the master of a ship calling at the Port of Gibraltar shall ensure that before the ship leaves the Port of Gibraltar all ship-generated sewage is delivered to a waste reception facility. (2) A ship may proceed to the next port of call without delivering ship generated sewage if– (a) the master of the ship is not required under regulation 12 to notify information about that sewage; or (b) subject to subregulation (3), it follows from the information notified under regulation 12(2) that there is sufficient dedicated storage capacity for all the ship-generated sewage that has been accumulated and will be accumulated during the intended voyage of the ship to the port of delivery. (3) Where– (a) the Administration is not satisfied that there is sufficient dedicated storage capacity for all ship-generated sewage that has been accumulated and which will accumulate during the intended voyage of a ship to the port of delivery; Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (b) there are good reasons to believe that adequate facilities are not available at the intended port of delivery; or (c) the intended port of delivery is not known to the Administration, it may give a direction to the master or owner of the ship requiring the ship generated sewage to be delivered before the ship leaves the Port of Gibraltar. Charges for ship-generated waste. 14.(1) The Minister shall set charges for ships to which this regulation applies to cover the costs of waste reception facilities for ship-generated waste in the port (including the treatment and disposal of such waste) irrespective of actual use of the facilities, and such charges shall be of a level– (a) to ensure that each ship to which this regulation applies makes a significant contribution to such costs; (b) so that the part of the costs not covered by the contribution made under paragraph (a), if any, shall be covered on the basis of the types and quantities of ship-generated waste actually delivered by the ship; and (c) to provide no incentive for ships to discharge ship-generated waste into the sea. (2) In setting charges due under this regulation the Minister may charge different fees to take into account the category, type, size or particular characteristics of the ship and he may also authorise the Captain of the Port to reduce or remit such fees. (3) The Minister may set lower charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship generated waste. (4) Any ship using the port of Gibraltar shall pay the charges set under subregulation (1) to the port authority. (5) The Minister shall publish by notice in the Gazette charges set under subregulation (1), and the basis on which they have been calculated. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 Charges for ship-generated sewage. 14A.(1) Subject to subregulation (2), the Minister shall make sewage charges in respect of ships to which this regulation applies. (2) Where the waste reception and handling plan specifies that in relation to a specified terminal the sewage charges under this regulation are to be made by a contractor rather than the port authority, the contractor shall make sewage charges for ships which use the facility and to which this regulation applies. (3) The Minister, or the contractor, shall arrange for the amount of the sewage charges made by him, and the basis on which they have been calculated, to be published in such manner as will bring them to the notice of persons likely to be affected. (3) Any ship using the port of Gibraltar shall pay the sewage charges made under subregulation (1) to the port authority or the contractor, as the case may be. (4) Sewage charges shall be made at such level as will (a) ensure that each ship to which this regulation applies makes a significant contribution to the costs of waste reception facilities for ship-generated sewage in the Port of Gibraltar (including the costs of the treatment and disposal of sewage), irrespective of actual use of the facilities; and (b) provide no incentive for ships to discharge ship-generated sewage into the sea. (5) In making sewage charges for ships the Minister or the contractor may take into account the category, type and size of the ship. (6) The Minister or the contractor may make lower sewage charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship-generated sewage. (7) In making sewage charges under this regulation, the Minister or the contractor may make the charges as a combined charge or as a separate charge. Exemptions. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 15.(1) The Minister may grant an exemption from regulation 4 in respect of the port authority to the extent that that regulation requires the port authority to ensure the availability of waste reception facilities for noxious liquid substances. (2) The Minister may grant an exemption from regulation 7 in respect of the port authority to the extent that that regulation requires the port authority to develop a waste reception and handling plan with respect to the provision of waste reception facilities for noxious liquid substances. (3) The Minister may grant an exemption from regulations 12, 13 and 14 in respect of any ship where– (a) the ship is engaged in scheduled traffic with frequent and regular port calls; and (b) there is sufficient evidence of an arrangement ensuring the delivery of ship-generated waste and payment of charges in a harbour or terminal along the ship’s route. (3A) The Minister may grant an exemption from regulations 13A and 14A in respect of a ship where– (a) the ship is engaged in scheduled traffic with frequent and regular port calls; and (b) there is sufficient evidence of an arrangement ensuring the delivery of ship-generated sewage and payment of charges in a port along the ship’s route. (4) Any exemption granted under this regulation shall be given in writing. (5) The Minister may, on giving reasonable notice, alter or cancel any exemption granted under this regulation. (6) The Administration shall cause a report of exemptions granted under this regulation to be provided, at least once a year on a regular basis, to the Commission. Delivery of cargo residues. 16.(1) The master of a ship calling at the port of Gibraltar shall ensure that cargo residues are delivered to a waste reception facility in accordance with the Convention. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (2) Any charges made for such delivery shall be payable by the user of the facility. Informing next port of call. 17.(1) Where– (a) a ship has not complied with the requirement in regulation 12(2) to notify the port authority; or (b) the port authority has clear evidence that a ship has proceeded to sea without having complied with regulation 13(1) ,13A(1) or 16(1), the port authority shall immediately inform the Administration. (2) Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 13(1), 13A(1) or 16(1) the Administration shall, if the next port of call of the ship is a port of an EEA State, inform the Administration of the State in which the port is situated about the ship and the evidence. (3) Where the Administration has been informed by another Administration of a ship in respect of which there is clear evidence of the type mentioned in subregulation (1) the Administration shall inspect the ship on its arrival in the port of Gibraltar. Inspection and detention of ships. 18.(1) When a ship is in the port of Gibraltar, the Maritime Administrator may direct a surveyor or inspector to inspect the ship to determine whether ship-generated waste or cargo residues have been delivered in accordance with regulation 13(1) or 16(1) or sewage has been delivered in accordance with regulation 13A(1). (2) In selecting a ship, which is a not fishing vessel or recreational craft authorised to carry no more than 12 passengers, for inspection under these Regulations, the Administration shall pay particular attention to– (a) ships which have not complied with the notification requirements under regulation 12; and (b) ships for which the examination of the information provided by the master in accordance with regulation 12 has revealed other Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 grounds to believe that the ship does not comply with these Regulations. (3) Where the surveyor or inspector is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 13(1) or 16(1) or sewage has not been delivered in accordance with regulation 13A(1), he shall detain the ship until such waste or residues or sewage have been delivered in accordance with these Regulations and where the ship is not registered in Gibraltar, he shall prepare a report addressed to the Government of the State in which the ship is registered. (4) If a ship which is not registered in Gibraltar is detained under subregulation (3), the surveyor or the inspector shall forthwith notify the Consul or, in his absence, the diplomatic representative in the United Kingdom of the State of the flag administration, of all the circumstances in which intervention was deemed necessary. (5) In arriving at the quota for inspections under this regulation the provisions of regulations 5(1) and 5(6) of the Gibraltar Merchant Shipping (Port State Control) Regulations, 2002 shall have effect. (6) The relevant surveyor or inspector shall not, in the exercise of his power under this regulation, detain or delay the ship unreasonably. Enforcement of detention. 19.(1) The Maritime Administrator shall be satisfied that the non compliance of regulation 13(1), 13A(1) or 16(1) by the ship will be rectified or that they will be complied with by delivering the ship-generated waste or cargo residues or sewage in accordance with these Regulations. (2) Without prejudice to subregulation (3) of regulation 18, the Maritime Administrator may detain a ship and prevent it from proceeding to sea if he thinks that the non-delivery of the ship-generated waste or cargo residues or sewage may pose a danger to the ship, persons, property or the environment, until such time as the waste or residues have been delivered to the extent that it no longer poses any danger to life, property or the environment. (3) A detention notice issued for the purposes of detaining a ship under these Regulations may– (a) include a direction that a ship shall remain in a particular place, or shall move to a particular anchorage or berth; Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (b) specify circumstances when the master of the ship may move his ship from a specified place for reasons of safety or prevention of pollution; and (c) inform the master of the ship of his rights under regulation 22. (4) The detention notice or stoppage of an operation shall not be lifted until the Maritime Administrator establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the health and safety of passengers or crew, or risk to other ships, or without there being an unreasonable threat or harm to the marine environment. (5) Where the Maritime Administrator detains a ship under these Regulations, he may take into custody and retain the principal documents of the ship until the detention notice is lifted. (6) When carrying out inspections under these Regulations, the surveyor or the inspector shall make all possible efforts to avoid a ship being unduly detained or delayed. (7) Where a ship in respect of which a notice of detention has been served– (a) proceeds to sea, otherwise than in accordance with such a notice, before it is released by the Administration; or (b) fails to comply with a direction given under subregulation (3)(a), the owner and master of the ship shall each be guilty of an offence. Penalties. 20.(1) Where any requirement of regulation 12, 13(1), 13A(1), 14(4), 14A(3) or 16 is contravened in respect of a ship or any master of a ship fails to comply with any of the requirements of those regulations, the owner and the master of the ship shall each be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. (2) Where an offence is committed under regulation 19(7), the owner and master of the ship shall each be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. Offences by body corporate. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 21.(1) Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding subregulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) Where an offence under these Regulations committed by a partnership entity is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly. Reference of detention notices to Supreme Court. 22. Where a ship is detained under these Regulations, section 132J of the Merchant Shipping Act shall apply to such detention as it applies in relation to the Act. Delegation of powers. 23. The Minister may, for administering the provisions of these Regulations, delegate by notice in the Gazette such of his powers to the Administration as he may deem fit and proper. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 SCHEDULE 1 Regulation 6(2) FORM FOR REPORTING ALLEGED INADEQUACY OF OILY WASTE, NOXIOUS LIQUID SUBSTANCES AND GARBAGE RECEPTION FACILITIES The Master of a ship having difficulties discharging waste to reception facilities should forward the information below, together with supporting documentation, to the Maritime Administrator, Registry of Ships, Government of Gibraltar, Duke of Kent House, Cathedral Square, Gibraltar. Tel: (+350) 47771, Fax: (+350) 47770. 1. Ship’s Particulars Name of Ship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Owner or operator: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distinctive number or letters: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Port of Registry: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type of ship: . . . . . . . . . . . oil tanker, . . . . . . . . . .chemical tanker, . . . . . . . . . .passenger ship, . . . . . . . . . . Cargo ship . . . . . . . . . . other (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Port Particulars Country: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Port or Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location/Terminal Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of company operating reception facility (if applicable): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unloading port, . . . . . . . . . . . . . . , loading port, . . . . . . . . . . . . . . . shipyard Date of incident: . . . . . . . . . . . . . . . . . . . . 3. Type and Amount of Waste for Discharge to Facility Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 3.1 Oily Waste Type of oily waste: . . . . . . . . . . bilge water, . . . . . . . . . . sludge from fuel oil purifier, . . . . . . . . . . scale and sludge from tanker cleaning, . . . . . . . . . ballast water, . . . . . . . . . . . tank washings or . . . . . . . . . . . . other (specify): . . . . . . . . . . Amount of waste for discharge to facility: . . . . . . . . . .m3 3.2. Noxious Liquid Substances (NLS) Type of NLS residue/water mixture for discharge to facility from prewash of a Category . . . . . . . . . . A, . . . . . . . . . . B, . . . . . . . . . . C substance or . . . . . . . . . . other (specify): . . . . . . . . . . Substance is designated as solidifying. . . . . . . . . or high viscosity. . . . . . . . . Name of noxious liquid substance involved: . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of NLS residue/water mixture for discharge to facility: . . . . . . . . m3 3.3 Garbage Type and amount of garbage for discharge to facility: Food waste . . . . . . . . . . m3, cargo associated waste . . . . . . . . . . m3 Maintenance waste . . . . . . . . . . m3, or other (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m3 4. Type and Amount of Waste Not Accepted by the Facility: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Special Problems Encountered: reception denied, undue delay, inconvenient location of facilities, use of facility not technically possible, other. Specify particulars of problems identified above: Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Action Taken by the Port: Did you bring this inadequacy to the attention of the port? . . . . . . . . . . . . . . Did the port address your concern and resolve it to your satisfaction? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Have you seen the port waste management plan? . . . . . . . . . . . . . . . . . . . . . . Does the plan fully meet your waste disposal requirements? . . . . . . . . . . . . . Does it encourage the disposal of your waste ashore? . . . . . . . . . . . . . . . . . . Remarks: (e.g. details of request made for use of reception facility, information received from port authorities or operators of reception facilities giving reasons concerning point 4 and names of port officials contacted in respect of this difficulty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of completion of form Signature of Master Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 SCHEDULE 2 Regulation 7(3) REQUIREMENTS FOR WASTE RECEPTION AND HANDLING PLANS 1. Waste reception and handling plans shall cover all types of prescribed wastes originating from ships normally visiting the port and shall be developed in accordance with the size of the port and the types of ship calling at the port. 2. The plans shall address the following elements– (a) an assessment of the need for waste reception facilities, in the light of the need of the ships normally visiting the port; (b) a description of the type and capacity of waste reception facilities; (c) a detailed description of the procedures for the reception and collection of prescribed wastes; (d) a description of the charging system; (e) procedures for reporting alleged inadequacies of waste reception facilities; (f) procedures for on-going consultations with persons using the port, waste contractors and other interested parties; and (g) the type and quantities of prescribed wastes received and handled. 3. The plans for the port shall also include– (a) a summary of relevant legislation and formalities for delivery; (b) identification of a person or persons to be responsible for the implementation of the plan; (c) a description of the pre-treatment equipment and processes in the port, if any; (d) a description of methods of recording actual use of the waste reception facilities; Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (e) a description of methods of recording amounts of prescribed wastes received; (f) a description of how the prescribed wastes are disposed of. 4. The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity is presumed if the procedures are in compliance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by Organisations in a Community eco-management and audit scheme (EMAS)4. 5. The following information is to be made available to persons using the port– (a) brief reference to fundamental importance of proper delivery of prescribed wastes; (b) location of waste reception facilities applicable to each berth, with a diagram or map; (c) list of prescribed wastes normally dealt with; (d) list of contact points, the operators and the services offered; (e) description of procedures for delivery; (f) description of charging system; and (g) procedures for reporting alleged inadequacies of waste reception facilities. 4 O.J. L114, 24.4.2001,p.1. Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 SCHEDULE 3 Regulation 12 INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF GIBRALTAR (Port of destination as referred to in Regulation 12) 1. Name, call sign and, where appropriate, IMO identification number of the ship: 2. Flag State: 3. Estimated time of arrival (ETA): 4. Estimated time of departure (ETD): 5. Previous port of call: 6. Next port of call: 7. Last port and date when ship-generated waste was delivered, including the quantities (in m3) and the types of waste that were delivered. Are you delivering (tick appropriate box): all some none of your waste into port reception facilities? 1. Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity: If delivering all waste, complete second and last columns as appropriate. If delivering some or no waste, complete all columns. Type Waste to be delivered (m3) Maximum dedicated storage capacity (m3) Amount of waste retained on board (m3) Port at which remaining waste will be delivered Estimated amount of waste to be generated between notification and next port of call (m3) Waste that has been delivered at the last port of delivery identified under point 7 above (m3) Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 Waste oils Oily bilge water Oily residues (sludge) Other (specify) Sewage (1) Garbage Plastics Food Wastes Domestic wastes (e.g. paper products, rags, glass, metal, bottles, crockery, etc.) Cooking Oil Incinerator ashes Operational wastes Animal carcass(es) Cargo residues (2) (specify) (3) Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS, 2002 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1995-13 Subsidiary 2002/098 (1) Sewage may be discharged at sea in accordance with Regulation 11 of Marpol Annex IV. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea. (2) On receipt of this notification, the Gibraltar Port Authority will forward it to the contractor and, when required, to the Maritime Administration. (3) This form is to be completed unless the ship is covered by an exemption in accordance with regulation 15 of the Gibraltar Merchant Shipping (Port Waste Reception Facilities) Regulations 2002. I confirm that: — the above details are accurate and correct, and — there is sufficient dedicated on board capacity to store all waste generated between notification and the next port at which waste will be delivered. Date................................................. Time................................................ Signature: