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Environmental Protection (Transfers at Sea) Bill


 

Environmental Protection (Transfers at Sea) Bill

 

 
 

Contents

1   

Regulation of cargo transfers

2   

Regulations

3   

Interpretation

4   

Short title

 

Bill 20                                                                                                 

54/3

 
 

Environmental Protection (Transfers at Sea) Bill

1

 

A

Bill

To

Make provision about transfers of cargo at sea; to provide for environmental

safeguards in relation to such transfers; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Regulation of cargo transfers

(1)   

Section 130 of the Merchant Shipping Act 1995 (c. 21) (regulation of transfers

between ships in territorial waters) is amended as follows.

(2)   

After subsection (4) insert—

“(4A)   

In making regulations under this section, the Secretary of State shall

5

apply the following principles—

(a)   

cargo transfers of oil and oil products in United Kingdom

waters shall be prohibited except within such areas as the

Secretary of State shall designate in regulations;

(b)   

a transfer or programme of transfers shall be considered as an

10

“oil handling facility” for the purposes of the Merchant

Shipping (Oil Pollution Preparedness, Response and Co-

operation Convention) Regulations 1998 (S.I. 1998/1056);

(c)   

a transfer or programme of transfers shall be considered as a

“plan or project” for the purposes of the Conservation (Natural

15

Habitats &c.) Regulations 1994 (S.I. 1994/2716);

(d)   

a transfer or programme of transfers may be considered an

Annex II project (under the heading “surface storage of fossil

fuels”) for the purposes of the Marine Works (Environmental

Impact Assessment) Regulations 2007 (S.I. 2007/1518); and

20

(e)   

cargo transfers required in case of emergency shall be exempt

from paragraphs (a) to (d) above.”

 

Bill 20                                                                                                 

54/3

 
 

Environmental Protection (Transfers at Sea) Bill

2

 

2       

Regulations

Reglations under section 130 of the Merchant Shipping Act 1995 must be made

within a period of six months beginning on the date on which this Act is

passed.

3       

Interpretation

5

In section 313 of the Merchant Shipping Act 1995 (definitions) there is inserted

at the appropriate place—

“emergency” has the meaning assigned to it by section 1 of the Civil

Contingencies Act 2004 (c. 36);

“United Kingdom waters” means any part of the sea within the seaward

10

limits of United Kingdom territorial waters for the purposes of the

Territorial Sea Act 1987 (c. 49).

4       

Short title

This Act may be cited as the Environmental Protection (Transfers at Sea) Act

2008.

15

 
 

 
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