S.I. No. 239/2006 - Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 239 of 2006

Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by sections 10, 12, 14, 15 and 17 of the Sea Pollution Act 1991 (No. 27 of 1991 and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) hereby make the following regulations:

1.        These Regulations may be cited as the Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006.

2.        The Second Schedule (inserted by Regulation 5(b) of the Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 1997 ( S.I. No. 516 of 1997 )) of the Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 1994 ( S.I. No. 45 of 1994 ) is amended -

(a)        in Part I -

(i)         by substituting for paragraph 4 of Garbage Categories in the FORM OF GARBAGE RECORD BOOK the following:

“4.        Cargo residues, paper products, rags, glass, metal bottles, crockery, etc.”, and

(ii)         by substituting the following for the NOTE in the said FORM OF GARBAGE RECORD BOOK:

“NOTE: THE DISCHARGE OF ANY GARBAGE OTHER THAN FOOD WASTE IS PROHIBITED IN SPECIAL AREAS. ONLY GARBAGE DISCHARGED INTO THE SEA MUST BE CATEGORIZED. GARBAGE OTHER THAN CATEGORY 1 DISCHARGED TO RECEPTION FACILITIES NEED ONLY BE LISTED AS A TOTAL ESTIMATED AMOUNT. DISCHARGES OF CARGO RESIDUES REQUIRE START AND STOP POSITIONS TO BE RECORDED.”,

and

(b)        in Part II by substituting for paragraph 1(a)(ii) the following:

“ (ii)      Position of the ship (latitude and longitude) (Note: for cargo residue discharges, include discharge start and stop positions),”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for amendments to the Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 1994 ( S.I. No. 45 of 1994 ) (as amended by the Sea Pollution (Prevention of Pollution by Garbage from Ships (Amendment) Regulations 1997 ( S.I. No. 516 of 1997 )), which give effect to Annex V of the International Convention for the Prevention of Pollution from Ships, adopted by the International Maritime Organization on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, (MARPOL 73/78) and as further amended under a resolution adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization.