Merchant Shipping Act 1995

F1[130B Waste management plans.U.K.

(1)The regulations may make provision requiring a harbour authority for a harbour in the United Kingdom—

(a)in such circumstances as may be prescribed, to prepare a plan with respect to the provision and use of waste reception facilities at the harbour; and

(b)to submit the plan to the Secretary of State for approval.

(2)The regulations may make provision requiring a person—

(a)if directed to do so by the Secretary of State, to prepare a plan with respect to the provision and use of waste reception facilities at any terminals operated by him within a harbour which is in the United Kingdom and is specified in the direction; and

(b)to submit the plan to the Secretary of State for approval.

(3)For the purposes of this Chapter—

(a)“terminal” means any terminal, jetty, pier, floating structure or other works within a harbour at which ships can obtain shelter or ship and unship goods or passengers; and

(b)a person operates a terminal if activities at the terminal are under his control.

(4)In the following provisions of this section, “waste management plan” means a plan of a description mentioned in subsection (1) or (2) above.

(5)The regulations may make provision with respect to the form and content of waste management plans and may in particular require such plans to include—

(a)proposals as to the information to be provided about waste reception facilities to those who are expected to use them;

(b)proposals designed to ensure that adequate provision will be made for the disposal of waste deposited in waste reception facilities; and

(c)proposals about how costs incurred in establishing and running waste reception facilities will be recovered.

(6)The regulations may require a person preparing a waste management plan to have regard to such matters as the Secretary of State may prescribe or in a particular case direct.

(7)The regulations may make provision as to the procedures to be followed in connection with waste management plans and may in particular—

(a)require a person preparing a waste management plan to consult such persons as the Secretary of State may prescribe or in a particular case direct;

(b)enable the Secretary of State to approve waste management plans with or without modification or to reject such plans;

(c)enable the Secretary of State, if he is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, to prepare such a plan;

(d)require harbour authorities and persons operating terminals to implement waste management plans once approved, or to take such steps as the Secretary of State may in a particular case direct for the purpose of securing that approved plans are implemented;

(e)enable waste management plans, in such circumstances as may be prescribed, to be withdrawn, altered or replaced.]