List of legislation covering waste management and pollution in ports and harbours

Under the Water Resources Act 1991 it is an offence to cause pollution, either deliberately or accidentally. It is the responsibility of the Environment Agency to regulate polluting activities in "controlled waters", including rivers, canals, estuaries and coastal waters out to three miles. 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 these measures are to regulate and minimise pollution from ships by oil and other harmful substances. Annexes I, II, IV and V provide specific requirements for the handling and discharge of ship generated wastes in ports and harbours. Under the Merchant Shipping Regulations 1997, ports, harbours, terminal operators and marinas have a duty to plan for the provision of reception facilities for certain ship and boat generated MARPOL wastes. This waste management plan is subject to approval by MCA. Port and harbours have a statutory "duty of care" to take all reasonable measures to ensure that waste is safely contained and is only transferred to authorised persons under the Environmental Protection Act 1990.

Ports have a statutory duty to prepare plans to meet the requirements of the Oil Pollution Preparedness Response and Co-operation (OPRC) Convention. Under the Merchant Shipping (OPRC) Regulations 1998, the production of such plans is required on a mandatory basis for all ports and harbours that meet the criteria listed (i ). The control and approval of such plans is the responsibility of the MCA. Most relevant authorities will have a role in contingency planning. Where accidental minor spills in a harbour area occur from ships, the statutory harbour authority has powers to prosecute offenders. Other relevant authorities may be requested to assist in provision of evidence. Where the source of the spill is on land, the Environment Agency is the prosecuting authority, and the harbour authority should assist in the provision of evidence.

International protocols and conventions relating to pollution, safety and the introduction of non-native organisms apply to shipping and ports. However, in some cases there is no translation into UK legislation to meet control pollution of sewage and contaminated ballast water from ships at present. These issues are currently addressed by encouraging voluntary compliance with guidelines and codes of conduct, such as the IMO guidelines on the prevention of introducing non-native organisms in ships’ ballast water. The main legislation covering waste management and pollution in ports and harbours is listed below and is summarised in an Appendix.

List of legislation covering waste management and pollution in ports and harbours

• Berne Convention on the conservation of European wildlife and natural habitats 1979.
• Biodiversity Convention 1992.
• Bonn Convention for the conservation of migratory species of wild animals 1979.
• Collection and Disposal of Waste Regulations 1988.
• Control of Pollution Act 1974.
• Control of Pollution (Landed Ships’ Waste) (Amendment) Regulations 1989.
• Environmental Protection Act 1990.
• International Convention on the Prevention of Pollution from Ships (MARPOL 73/78).
• Litter Act 1983.
• Merchant Shipping Act 1995.
• 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 (Oil Pollution Preparedness, Response & Co-operation Convention) Regulations 1998.
• 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 (Port Waste Reception Facilities) Regulation 1997.
• Merchant Shipping (Reception Facilities by Garbage) Regulations 1988.
• Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987.
• Prevention of Pollution (Reception Facilities) Order 1984.
• Prevention of Oil Pollution Act 1971.
• Prevention of Oil Pollution Act 1986.
• United Nations Convention on the Law of the Sea (UNCLOS) 1982.
• Water Resources Act, 1991.
• Wildlife and Countryside Act 1981.

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