Examples of legislation affecting ports and harbours

Coast Protection Act 1949

Convention on Biological Diversity, 1992 (Biodiversity Convention)

Dangerous Substances in Harbour Areas Regulations 1987

Merchant Shipping Regulations 1981

Environmental Protection Act 1990

Food & Environmental Protection Act (Part II) 1985 (FEPA)

Harbours Act 1964 and Transport and Works Act 1992

Hazardous Waste Regulations 1998

International Regulations for Preventing Collisions at Sea 1972

Landfill Tax Regulations 1996

MARPOL 73/78 - International Convention on the Prevention of Pollution from Ships

MARPOL regulations relating to port reception facilities for ship generated wastes.

Merchant Shipping (Oil Pollution Preparedness Response and Co-operation Convention) Regulations 1997

Merchant Shipping (Port Waste Reception Facilities) Regulation 1997

United Nations Convention on the Law of the Sea (UNCLOS), 1982

In addition to the EC Habitats Directive, Birds Directive and the Habitats Regulations, there is a wealth of both national and international legislation influencing port and harbour operations, in terms of both safety and environmental protection. Examples of this legislation are listed below and a selection of international conventions and UK legislation is then described further.

Coast Protection Act 1949.

Collection and Disposal of Waste Regulations 1988.

Conservation (Natural Habitats & c.) Regulations 1994.

Control of Pollution Act 1974.

Control of Pollution (Landed Ships’ Waste) (Amendment) Regulations 1989.

Control of Substances Hazardous to Health Regulations 1994.

Dangerous Substances in Harbour Areas Regulations 1987.

Dangerous Vessels Act 1985.

Docks and Harbour Act 1972.

Environment Act 1995.

Environmental Protection Act 1990.

Environmental Protection (Prescribed Processes and Substances) Regulations 1991.

Food & Environment Protection Act 1985 (FEPA).

Food Safety Act 1990.

Harbours Act 1964.

Harbour Works (Assessment of Environmental Effects) Regulations 1998.

Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996.

Hazardous Waste Regulations 1998.

Health and Safety at Work Act 1974.

Landfill Tax Regulations 1996.

Litter Act 1983.

Merchant Shipping Act 1995.

Merchant Shipping and Maritime Security Act 1997.

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996.

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 1998.

Merchant Shipping (Fees) Regulations 1991.

Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998.

Merchant Shipping (Oil Pollution Preparedness and Response Convention) Regulations 1997.

Merchant Shipping (Prevention of Oil Pollution) Act 1971.

Merchant Shipping (Prevention of Oil Pollution) Regulations 1996.

Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988.

Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998.

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996.

Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996.

Merchant Shipping (Port Waste Reception Facilities) Regulation 1997.

Merchant Shipping (Reception Facilities by Garbage) Regulations 1988.

Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987.

Merchant Shipping (Salvage and Pollution) Act 1994.

Noise Act 1996.

Noise at Work Regulations 1989.

Prevention of Oil Pollution Act 1971.

Prevention of Oil Pollution Act 1986.

Prevention of Pollution (Reception Facilities) Order 1984.

Town & Country Planning (Assessment of Environmental Effects) Regulations 1995.

Town & Country Planning (Environmental Assessment and Permitted Development) Regulations 1988.

Town & Country Planning (General Permitted Development) Order 1995.

Transfrontier Shipment of Hazardous Waste Regulations 1988.

Transfrontier Shipment of Waste Regulations 1994.

Transport and Works Act 1992.

Transport and Works Act (Assessment of Environmental Effects) Regulations1995.

Waste Management Licensing Regulations 1994.

Water Resources Act 1991.

Wildlife and Countryside Act 1981.

Coast Protection Act 1949

Permission is required from the Marine Directorate of the Department of Environment Transport & the Regions for any dredging works proposed in navigable waters under the Coast Protection Act 1949. Section 34 of this Act provides the mechanism for controlling the effect of marine works on navigation. In addition to this permission a disposal license is required in order to deposit the dredged material.

The Convention has three objectives: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. All parties are required to co-operate for the conservation of biodiversity, in respect of areas beyond national jurisdiction and other matters of regional interests, and must develop national strategies for the conservation and sustainable use of biodiversity and integrate this into sectoral or cross-sectoral qualities.

The Convention requires its contracting parties as far as is possible and appropriate ‘to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species’.

The Dangerous Substances in Harbour Areas Regulations 1987, controls the carriage, loading, unloading and storage of all classes of dangerous substances within harbour areas. The former Department of Transport (DoT) regulates control of routine activities on board ship under various Merchant Shipping Acts including the

Merchant Shipping Regulations 1981.

Environment Act 1995

This Act together with the earlier Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994 and subsequent amendments provide the legal framework for dealing with contaminated dredged material. The Environment Agency in England and Wales and the Scottish Environmental Protection Agency (SEPA) in Scotland regulate applications for waste disposal licenses. One of the problems identified during the initial workshop for this project was exactly what constitutes a waste? This is a particular problem where novel solutions for the use of contaminated dredged material have been proposed. Early consultation with the EA or SEPA is advised.

Part I of the Environmental Protection Act 1990 sets out the framework for controlling releases to air, land and water from prescribed process. These processes are listed under the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 and include some port and harbour operations. Part A processes defined therein are subject to Integrated Pollution Control by the Environment Agencies. Part B processes are subject to air pollution control only by local authority Environmental Health Departments.

Part III of the Environmental Protection Act 1990 combats statutory nuisances. The pollution complained of must be prejudicial to health or considered a nuisance. Dust, smoke, fumes, other gases and odours could all constitute a nuisance under some circumstances. Local authorities are required to investigate complaints of nuisance within their boundaries. Under Section 80 of the Act local authorities are able to serve abatement notices or enforce fines of up to £20,000. The Clean Air Act 1993 also gives powers to district councils to combat the local effects of air pollution by means of imposing controls on combustion processes. Cargoes handling operations are generally provided and operated in accordance with the principles of Best Practical Environmental Option (BPEO) and Best Available Technology Not Entailing Excessive Costs (BATNEEC).

Local government, environmental health departments are responsible for dealing with complaints relating to nuisance within territorial waters. These include those arising from noise pollution or release of noxious substances under the Environmental Protection Act 1990. The local environmental health officer has the power to serve an enforcement order where a statutory nuisance has occurred according to various British Standards and in line with the relevant regulations. The Marine Safety Agency has produced a code of practice for noise levels in ships (1983). This publication defines the latest noise standards for the protection of seafarers. Appropriate British Standards for different port operations should be adhered to, including those required during construction work.

The Environmental Protection Act 1990 imposes a duty of care on all persons in the waste management chain to take all reasonable measures to ensure that waste is safely and legally disposed of, specifically, to ensure that no offence is made by anyone else in the waste chain. Waste must be safely contained, may be transferred only to authorised persons and a waste transfer note must be completed by the two parties when the waste changes hands. These notes must be kept for a minimum of two years. An authorised person is a holder of a Waste Management Licence under Section 35 of the Environmental Protection Act or a registered waste carrier under the Control of Pollution (Amendment) Act 1989.

Under the Environmental Protection Act 1990 and the Northern Ireland Litter Order 1994 competent authorities are responsible for keeping land clear of litter.

FEPA provides the means for the UK to fulfil its commitments under the London and Oslo Conventions (1972 and 1974 respectively). The Act lists prescribed activities that require prior approval from the regulatory authority. The regulatory authority in England and Wales is the Ministry of Agriculture Fisheries and Food (MAFF), in Scotland it is the Scottish Office Environment. Agriculture and Fisheries Department (SOEAFD) and in Northern Ireland it is the Department of the Environment for Northern Ireland (DOE(NI)).

A FEPA disposal licence is normally required from MAFF or the Scottish and Northern Ireland alternatives for the deposit of dredged material at sea or works that involve materials or articles being placed in the sea. It is the disposal of material and not the dredging activity itself that is licensed. Nevertheless, the regulatory authority has the power to impose conditions and limitations on the areas where dredging is permitted. As part of the licensing process FEPA licence applicants must provide detailed information about the quantity of material and physical and chemical properties of the material to be deposited before a license is issued. The licensing authority may request additional samples if levels of contamination need further investigation and where contamination is identified they may specify an area where dredging is not permitted by reference to charts and co-ordinates. Alternatively, they may advise that alternative disposal on land should be sought. EA/SEPA, with the involvement of local authorities, regulates disposal of contaminated dredged material on land. Any effects on the environment must also be considered prior to a FEPA licence being issued. In addition, greater emphasis has been placed on evaluating options for beneficial use of dredged material in recent years. This trend is likely to continue.

FEPA has been amended by Section 146 of the Environmental Protection Act 1990 to include UK controlled waters. The Deposits in the Sea (Exemptions) Order 1985 lists activities that are exempt from licensing. These exemptions include the return of some matter to the sea removed during dredging or deposited for coastal protection or harbour works. From 1994 exempted activities must be registered with MAFF under an amendment contained within the Waste Management Licensing Regulations 1994.

Within marine SACs the renewal of licenses for the disposal of maintenance dredgings, should be relatively straightforward provided that adequate information is provided in line with government guidance. In general, maintenance dredging has been carried out within ports, harbours and estuaries over several years if not decades and is in essence an intimate part of the sediment regime and dynamics of an area. It is widely acknowledged that there are gaps in the scientific understanding of hydrodynamics and sediment transport and therefore in some cases a monitoring programme may be required to establish that disposal has not caused unforeseen problems. It is generally, viewed that the regulations and controls in existence, as outlined in this section, provide the most suitable route to account for maintenance dredging within the SAC management schemes and constitutes good practice.

The Transport and Works Act 1992 amends Section 48 of the Harbours Act 1964 and places a responsibility on a harbour authority to consider the environment in its management of a port or harbour. The form this consideration takes depends on the sensitivity of the site(s) involved and the level of disturbance from proposed works or activities. Section 48 states:

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to -

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature of facility.

The Act also amends Schedule 2 of the Harbours Act to allow harbour authorities to apply for a harbour revision order to:

"confer duties or powers (including powers to make byelaws) for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features."

The Trans-frontier Shipment of Hazardous Waste Regulations 1988 applies to the handling of hazardous cargo. Under these regulations the trans-frontier shipment of hazardous waste is prohibited unless the parties involved have already entered into a contract. Consent is required from the local authority if hazardous substances are to be present within the port or harbour estate unless it can be shown that their presence is solely for transfer between parts of the transport chain.

The International Regulations for Preventing Collisions at Sea 1972 aims to lessen the risk of collision. It is particularly important that these Regulations are adhered to within confined and congested areas. The Regulations include rules relating to the maintenance of a proper look out and safe speed.

Under the Landfill Tax Regulations uncontaminated maintenance dredged material from inland waterways and ports is exempt from the tax. However, availability of landfill in the UK is limited and it is not considered good practice to dispose of material in this way. In any case, it is often impractical to do so given the volumes of material involved and the necessity for road journeys in order to deposit the material.

The most wide ranging and comprehensive legislation for the control, ashore and afloat, of waste arising from shipping activities is the International Convention on the Prevention of Pollution from Ships (MARPOL 73/78). The objective of the measures introduced by MARPOL is to regulate and minimise pollution from ships by oil and other harmful substances. The International Maritime Organisation (IMO) maintains the convention through its marine environment protection committee. MARPOL 73/78 covers the five main forms of ship generated waste in five specific annexes which are summarised in the table below.

Annexes I, II, IV and V provide specific requirements for the handling and discharge of ship generated wastes. Annex IV regarding the discharge of sewage from ships has not yet come into force, although many Member States have signed up to the Annex, including the UK. These regulations will apply to ships over 200 tons gross or a ship carrying more than 10 persons.

Annex V sets out the measures to be followed in the disposal of ship generated garbage, taking account of all the physical nature of the material which includes a total ban of the disposal of all plastics into the sea anywhere. IMO has published ‘Guidelines for the implementation of Annex V of MARPOL 73/78’ which are intended to assist in compliance with the requirements of the Convention. Cargo waste is generally accepted as being a lesser problem than ships operational (domestic) waste. Cargo handling companies, whether independent or part of the port authority, are expected to keep quays and berths clear. Indeed it has been suggested that cargo waste should be either recognised as a separate Annex to MARPOL or removed completely from the jurisdiction of the Regulations. A new additional Annex (Annex VI) is being developed to extend MARPOL regulations to cover air pollution from ships.

MARPOL regulations are empowered in UK legislation in the Merchant Shipping Acts and Regulations. These include the Merchant Shipping (Prevention of Oil Pollution) Act 1971, the Merchant Shipping (Reporting of Pollution incidents) Regulations 1987 and the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996.

MARPOL Regulations for the provision of reception facilities for ship generated waste are installed in UK legislation under the Prevention of Pollution (Reception Facilities) Order 1984 and the Merchant Shipping (Reception Facilities by Garbage) Regulations 1988. These regulations require port and harbour authority operators to provide reception facilities for ships that, in their opinion, are using the harbour or terminal for a primary purpose other than using the reception facilities. The facilities must be adequate (of sufficient capacity and appropriate design) to meet the needs of ships using them without causing them undue delay.

Many UK ports and harbours are currently in the process of developing or revising their oil pollution emergency or contingency plans according to the requirements of the Merchant Shipping (Oil Pollution Preparedness and Response Convention) Regulations 1997. The Marine Pollution Control Unit (MPCU) have produced guidelines for ports, harbours and oil handling facilities in developing the new oil spill contingency plans.

Oil spill contingency plans represent a preconceived plan of action to follow in the event of an oil spill to assist in providing the immediate response. Such plans are needed in addition to other plans and procedures that aim to prevent oil spills in the first place, because accidents can and do occur. Such plans are important in the context of oil spills because of the inevitable close proximity of oil to the shoreline. The purpose of the plan is to provide direction and guidance to those involved in responding to an oil spill incident and to set in motion all the necessary actions to stop or minimise the pollution and reduce its effects on the environment.

Oil contingency plans should be compatible with the national contingency plan for marine pollution from shipping and the offshore industry and must be submitted to the Marine Pollution Control Unit as the competent national authority, for approval. The plans are constructed with the approval of the various government departments, environment and countryside agencies. Each plan is based upon a set of guidelines but is specific to the area concerned.

In 1993, an inquiry carried out by Lord Donaldson ‘Safe ships, clean seas’ concluded that there was no single solution to prevent the different types of wastes from entering the sea. As a result of this it was decided that three tasks needed to be undertaken, and are as follows:

Make controls more effective through improving regulations and their enforcement;

Improve the facilities for the legal disposal of wastes in ports and;

Increase the penalties for illegal discharge.

A mechanism by which these three tasks can be met was introduced in January 1998, by the Merchant Shipping (Port Waste Reception Facilities) Regulations. The Merchant Shipping (Port Waste Reception Facilities) Regulation 1997 require ports, harbours, terminals, installations, marinas, piers and jetties in the UK to produce a report to the Government on how they plan their port reception facilities for ship generated waste. In order to comply with the Regulations the report must be submitted to the local office of the Maritime and Coastguard Agency (MCA), in the first instance, by September 1998 and then at two yearly intervals thereafter. Guidelines have been drawn up by the Department of the Environment, Transport and the Region (DETR, 1998), with input from its Marine Pollution Advisory Group.

Basically, a waste management strategy is a systematic approach that outlines how and by whom waste is managed. It outlines the practical action, such as collection, transport and disposal and the legislative controls that ensure that these actions are carried out. A total waste management strategy incorporates handling of both ship generated wastes, which are received in a port, and land generated waste, either from domestic or industrial origin (IMO, 1995). The production of a waste management plan requires that each type of waste generated by ships is considered separately, according to the relevant regulations.

The main objective of UNCLOS is to establish "the legal order for the seas and oceans which will facilitate international communication and will promote the peaceful use of the seas and oceans, the equitable and efficient utilisation of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment".

Part XII of the Convention addresses the protection of the marine environment and requires states to protect the environment by taking all measures necessary to prevent, reduce and control pollution of the marine environment from any source. Article 211 specifically requires states to establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels. The regulations adopted by the IMO, such as MARPOL 73/78, are considered to comprise the relevant international standards on pollution from vessels.

Article 212 of the United Nations Convention on the Law of the Sea (UNCLOS) requires member states to take measures to control atmospheric pollution. Consequently, emissions from shipping are receiving increasing international attention. Considerable work has been carried out by IMO on the development of an air pollution Annex to MARPOL. Much of this work has focused on the reduction of sulphur dioxide emissions.

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