Order, Order!

We turn now to a vote on SB230, in the name of the Scottish Conservative and Unionist Party. The question is that this Committee approves the amendments of the Bunker Fuel Licensing (Scotland) Bill.

Members are reminded to vote For/Against/Abstain. Attempts to stylise a vote may result in it not being counted. Where there is mix-up with an alternative voting style, this shall also be accepted.

Bunker Fuel Licensing (Scotland) Bill

A bill to require carriers to obtain a license in order to transport and store bunkers of heavy-fuel, oil, gas and biodiesel within Scottish ports, and for connected purposes

Section 1: Definitions

(1) "Bunkers" meaning to stored fuel, typically heavy fuel, oil, gas or biodiesel used to power ships.

(2) "Carrier" meaning any entity engaged in the supply of bunkers, including but not limited to ship owners, operators, and fuel suppliers.

(3) "Port" meaning any seaport location within Scotland where ships are loaded or unloaded, including private ports, local authority ports, and harbour and trust ports.

(4) “Port Authority” meaning the relevant authorities operating under the Scottish Transport Ministry regarding the regulation, management and oversight of ports.

Section 2: Bunker Fuel License

(1) The Port Authority hereby this act will be required to create, administer and monitor its provision of a ‘Bunker Fuel license’.

(a) The license is valid for a period of two years from the date of issuance. Before the end of that license, evaluation is to be made by the port authority on whether and if so on what conditions an extension is to be given.

(b) The license is non-transferable.

(2) Without first obtaining a license from the relevant port authority under the Scottish Transport Ministry, no carrier shall store and supply bunkers of heavy-fuel, oil, gas, and biodiesel within any Scottish port.

Section 3: Licensing Criteria

(1) In order to be eligible for a license, a carrier must prove that it has the capacity to supply and store bunkers in a safe and environmentally responsible manner.

(2) The port authority of Scotland are to establish a licensing criteria, which shall include, but not be limited to:

(a) compliance with the applicable environmental laws and regulations;

(b) compliance with all applicable safety standards;

(c) adequate insurance coverage for liability arising from bunker fuel spills or other accidents;

(d) financial stability and ability to meet obligations;

(e) annual notices of the bunker operations to the port authority;

(f) annual inspections by the relevant port authority;

(g) any other relevantly deemed criteria by the port authority.

(3) The discretion to deny a license if the carrier does not meet the licensing criteria shall be held by the Port Authority.

Section 4: Enforcement

(a) Any carrier found to be storing and, or supplying bunkers with heavy fuel, oil, gas, and biodiesel in a port without a valid license shall be subject to fines and penalties as determined by the port authority.

(b) Carriers found in violation of the licensing criteria outlined in section 3 are to be subject to suspension or revocation of their license.

(c) The power to investigate any alleged violations and to take appropriate enforcement action shall be held by the relevant Scottish Port Authority.

Section 5: Commencement

(1) The provisions of this Act shall come into force the day this Act is passed.

Section 6: Short Title

(1) This Act may be cited as the Bunker Fuel Licensing (Scotland) Act.

This Bill was submitted by oakesofshott, Spokesperson for Environment & Energy on behalf of The Scottish Conservative & Unionist Party.

Opening Speech by u/oakesofshott

Presiding Officer,

This bill follows the example of the Netherlands, Belgium and Singapore in which it regulates the shipping industry’s transportation of heavy fuel oil, gas and biodiesel. To address possible concerns of whether this bill is in the remit of the Scottish government and the answer is yes as this area of internal planning requirements and regulatory framework for internal activity is carried out by Transport Scotland which handles all devolved Port policy and governance. We cannot allow the continued supply and transportation of these fossil fuels in Scottish ports without ensuring the bunker suppliers operate and adhere to a crucial licensing criteria that maintains moral business practices and ensures compliance with the necessary safety, environmental and regulatory standards.

By incorporating this into a license it means the monitoring and recording of operations within our ports are held to a universal standard and makes the ongoing operations of unregistered practices that evade current regulations harder to operate without such a license. If those in parliament are committed to upholding our strong environmental and safety standards and current regulatory framework, then it is in the national interest to support this bill which puts this policy into place.

Link to Stage 1 Debate

Amendments

A01 (in the name of /u/Frost_Walker2017)

In Section 1(1), amend to read:

"Bunkers" meaning a place, room, or object which stores heavy fuel, oil, gas or biodiesel that is subsequently used to power ships.

EN: Clarifies that it's not all fuels (which I feel must be the intent given it doesn't just state "fuel") and tidies up some of the language in this definition

A02 (in the name of /u/model-avtron)

Amend section 5 as follows:

(1) This Act comes into force on Royal Assent.

(2) Scottish port authorities may not begin to enforce licences earlier than six months after Royal Assent and later than one year after Royal Assent.

A03 (in the name of /u/Frost_Walker2017)

Insert a new Section after Section 4 and renumber the subsequent sections

Section 5: Reporting Requirements

(1) The Port Authority must, every six months, report to the Scottish Government with;

(a) The number of licenses granted during that period

(b) The number of license requests not granted during that period

(c) The number of licenses that expired and were not renewed during that period

(2) The Scottish Government must, every December, ensure that the information reported by the Port Authority for the past calendar year is published publicly in a suitable manner

(3) Scottish Ministers may, by order in the negative procedure, amend Section 5(1) to insert new reporting requirements

EN: Creates new reporting requirements to ensure that the general public are aware of the number of licenses being given and also informs the Scottish Government for policy development.

Voting on this bill will end at the close of business on the 9th of July at 10pm BST