Ports (Waste Management) Bill

A

BILL

TO

Establish proper waste management and environmental protection of Shipping and Port services, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows —

Section 1: Definitions

(1) For the purpose of this Act, the following terms apply unless specified elsewhere —

(a) ‘Electronic Chart Display and Information System’ (ECDIS) refers to the navigational information system interfaced with geospatial data to provide continuous position and navigational safety information.

(b) ‘Master of the ship’ refers to the person or persons in charge of the ship, its crew, cargo and any passengers — on water and in port.

(c) ‘Watercraft’ refers to any vessel that travels on water.

Section 2: Receipt and delivery of waste from ships

(1) A relevant port authority organises the reception of waste from ships, except for cargo residues, from ships and other watercraft — hereinafter in this Chapter ship — which are serviced by the port.

(2) The port authority or port operator handling cargo shall hereby be required to organise the reception of the cargo residues generated during the operation of ships from the ships which are serviced by such port or port operator, including reception of cargo residues from the ships which are repaired in this port, unless otherwise agreed according to the requirements of the legislation or international conventions.

(3) The master of a ship shall be required to deliver all the waste from ships before leaving the port.

(4) The master of a ship need not deliver all the waste from ships, where it appears — from the information submitted in the advance notification specified in paragraph 1 of Section 4 of this Act — that the existing storage facilities of the ship are sufficient for holding the waste from ships already accumulated and to be accumulated during the intended voyage until the arrival in the port of delivery, with the exception of —

(a) the port of delivery of waste from ships or the port of destination is unknown;
(b) there is reason to believe that the proposed port of transfer does not have sufficient reception facilities and this information has been presented to the ship;
(c) in the event of garbage collected for transfer, with the exception of food waste; and
(d) in the event of environmentally hazardous chemicals from prewash of transportation tanks, with the exception of the cases described in subsections 6 and 7 of Regulation 16 of Annex II to the MARPOL International Convention on the Prevention of Pollution from Ships.

(5) The Secretary of State may by regulations made by statutory instrument make provision about what storage facilities of ships are sufficient for holding the waste from ships already accumulated and to be accumulated during the intended voyage until the arrival in the port of delivery for the purposes of subsection (4).

(6) If the international convention provides more stringent requirements with respect to the exceptions provided for in paragraph 4 of this section, the requirements of the specified convention shall apply.

(7) In addition to the provisions of paragraph 4 of this section, no cargo residues need to be transferred, if —

(a) if the transfer is not required in accordance with the MARPOL International Convention for the Prevention of Pollution from Ships;
(b) the ship has a written agreement with the authority of the next port of call pursuant to which this port will receive such type of cargo residues;
(c) the new cargo is the same substance which was the previous cargo or if the cargo residues are removed by means of ventilation at sea or if an entry is made in the cargo record book which justifies the retaining of the cargo residues on board of the ship and, —
(i) the entry is confirmed by a supervisor of loading operations of chemical tankers.

(8) A port authority shall ensure the availability of adequate reception facilities in the port in accordance with the waste from ships reception and handling plan in order to meet the needs of ships normally visiting the port upon receipt of waste from ships without causing delays.

(9) Reception facilities shall be deemed sufficient if they are able to receive such type of waste from ships in such quantities as is usually generated by the ships calling the port, taking into consideration —

(a) the needs relating to the operation of the users of the port,
(b) the type of ships calling the port,
(c) the size and geographical location of the port, and
(d) the exceptions provided for in Section 6 of this Act concerning delivery of waste from ships and cargo residues.

(10) If a port authority does not deal directly with waste handling, it must have entered into a written contract with a consignee of waste that holds an appropriate environmental protection permit and has adequate reception facilities for the provision of services specified in paragraph 1 of Section 3 of this Act.

(11) Where a port authority is unable to organise the reception of waste from ships due to insufficiency of reception facilities, the port authority shall issue a notification to the ship concerning insufficient reception facilities.

(12) The master of a ship must notify, through the Electronic Chart Display and Information System (ECDIS) of the port of alleged deficiencies in the port reception facilities.

(13) Upon receipt of the notification specified in paragraph 11 of this section, the Secretary of State shall verify the compliance of the port reception facilities specified in the notification with the waste from ships reception and handling plan specified in paragraph 1 of Section 3 of this Act.

(14) The Secretary of State shall notify the International Maritime Organisation of the ship which submitted the notification specified in paragraph 11 of this section of the results of the inspection through the marine electronic information system.

(15) The Secretary of State may by regulations made by statutory instrument make provision on the information on shipments of waste from ships.

(16) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

Section 3: Waste reception and handling plan

(1) A port authority shall prepare and implement a proper waste reception and handling plan, in which the plan —

(a) may be prepared in a regional context with the involvement of all the necessary ports and their authorities, provided that the need for and availability of the reception facilities is specified separately for each port.

(2) When preparing a waste reception nd handling plan and substantially amending it, a port authority shall consult —

(a) the port users or their representatives, and
(b) where necessary representatives of the competent authorities of the local government,
(c) waste handlers,
(d) extended producer responsibility organisations and civil society.

(3) A port authority shall submit the waste reception and handling plan to the Secretary of State for approval through the port register.

(4) Waste reception and handling plans must be submitted for approval in the following cases —

(a) before the registration of the port in the port register;
(b) in the case of an existing port, before the implementation of the plan;
(c) at least every five years;

after significant changes in the operation of the port.

(5) A waste reception and handling plan shall contain the following information and descriptions —

(a) an assessment of the need for the port reception facilities, taking into consideration the need of the ships normally calling the port;
(b) a description of the type and capacity of the port reception facilities and their location at the berths;
(c) a description of the procedures for the reception and collection of waste from ships;
(d) a description of the pre-treatment equipment and processes, if necessary;
(e) a description of the system for covering the costs of receiving waste from ships and the amount of fees for receiving waste from ships;
(f) the procedure for reporting deficiencies in the port reception facilities;
(g) a description of the consultation procedure for amending the plan;
(h) the types and quantities of received and handled waste from ships;
(i) a description of the methods for determination of the quantities of received waste from ships;
(j) references to any legislation which regulates delivery of waste from ships and a summary of the procedures for delivery of waste from ships;
(k) the contact details of the person or persons responsible for the implementation of the plan;
(l) a description of the methods which demonstrate the actual use of port reception facilities; and
(m) a description of further processing of waste from ships.

(6) The Secretary of State shall not approve a plan for reception and handling of waste from ships, if it does not comply with the requirements provided for in paragraphs 4 and 5 of this section.

(7) The provisions of paragraphs 1–4 of this section do not apply to small-craft harbours —

(a) where no paid port services are provided;
(b) which have subscribed to an organised waste transport services;
(c) which operator has ensured that recreational craft arriving in the port are informed of the procedures for the reception and delivery of waste from ships; and
(d) which have received the assessment of the Secretary of State provided for in paragraph 9 of this section regarding compliance with the conditions provided for in paragraph.

(8) The operator of a small-craft harbour which complies with the conditions provided for in paragraph 7 of this section shall —

(a) make the relevant information available in the port register and
(b) notify the port authority of compliance with the requirements through the port register.

(9) The Port Authority shall —

(a) assess whether a small-craft harbour complies with the conditions provided for in paragraph 7 of this section; and
(b) notifies the port authority of its assessment through the port register.

Section 4: Notification of waste from ships and keeping record of waste from ships

(1) Where the gross tonnage of a ship is 300 or more, the master or the ship's agent shall submit through the Electronic Chart Display and Information System (ECDIS) an advance notification to the port of call of the type and quantity of waste from ships to be delivered to the port (hereinafter advance notification) —

(a) at least 24 hours prior to arrival in the port, if the port of call is known;
(b) immediately when the port of call is known, if such information is available less than 24 hours prior to arrival in the port of call;
(c) at the latest upon departure from the previous port of call, if the duration of the voyage to the next port is less than 24 hours.

(2) an advance notification need not be submitted by —

(a) fishing vessels, historic vessels and recreational craft less than 45 meters in length;
(b) warships and border guard ships and other ships performing public administration functions;
(c) ships holding an exemption certificate specified in Section 6 of this Act.

(3) an advance notification shall be kept in a form reproducible in writing on board a ship at least until departure from the next port of call.

(4) A port authority shall notify the Secretary of State immediately through the Electronic Chart Display and Information System if a ship not specified in paragraph 2 of this section does not —

(a) submit an advance notification; or
(b) deliver waste from ships; or
(c) if other violations of requirements for delivery of waste from ships are discovered or suspected by relevant authorities.

(5) A port authority shall organise accounting of waste from ships on the basis of advance notifications and other documents, which certify both reception of waste from ships by ships and types of waste from ships.

(6) A person appointed by a port authority or a consignee of waste immediately shall submit a report on the delivery of waste from ships to the master of the ship through the Electronic Chart Display and Information System.

(7) A report on the delivery of waste from ships shall be kept on board a ship in a form reproducible in writing for at least two years.

Section 5: Waste from ships reception fee

(1) Irrespective of the quantity to be delivered and the actual use of port reception facilities, a port authority shall be required to receive waste from ships, excluding cargo residues and waste from exhaust gas cleaning systems, for the fee for reception of waste from ships included in the port dues or determined separately (hereinafter waste fee).

(2) The waste fee shall cover any direct and indirect costs related to the operation and management of waste from ships reception facilities specified in paragraph 1 of this section.

(3) Where the volume of waste from ships specified in paragraph 1 of this section exceeds the maximum storage capacity specified in the advance notification, the waste handler or user of the receiving equipment shall pay a waste fee based on the type and quantity of waste from ships exceeding the maximum storage capacity.

(4) For cargo residues and waste generated by exhaust gas cleaning systems, the deliverer of waste or user of receiving equipment shall pay the waste fee on the basis of the type and quantity actually transferred.

(5) The Secretary of State may by regulations made by statutory instrument make provision about the calculation of the waste fee.

(6) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of the House of Commons.

Section 6: Ship exemptions of advance notification of waste and from payment of waste fee

(1) The Secretary of State may exempt a ship visiting an British port which makes regular voyages on a specified route and visits the port at least once every two weeks from the submission of an advance notification, delivery of waste from ships and payment of a waste fee if —

(a) evidence is submitted to the Secretary of State that the delivery of waste from ships and payment of the waste fee are ensured in at least one port of the ship's voyage;
(b) exemption does not have the effect of reducing the maritime safety of the ship, endangering human health, deteriorating the working and living conditions on board or adversely affecting the marine environment.

(2) The following has to be certified to the Port Authority administrative board in an application submitted for exemption —

(a) the shipowner has entered into a contract with at least one port authority or waste handler on the voyage of the ship for the delivery of waste and the ship has waste from ships transfer certificates certifying the delivery of waste from ships;
(b) the port authority or waste handler referred to in clause 1 of this paragraph has adequate reception facilities;
(c) all ports of the ship's voyage have been notified of compliance with the conditions referred to in clauses 1 and 2 of this paragraph.

(3) Upon granting an exemption to a ship, the Secretary of State shall issue an exemption certificate and submit the information on the exemption certificate to the Electronic Chart Display and Information System (ECDIS).

(4) A ship for which an exemption certificate has been issued must transfer waste from ships in the port and pay a waste fee if the ship does not have sufficient storage capacity for the storage of waste from ships until it reaches the next port of call.

Section 7: Elimination of pollution in waters

(1) A port shall ensure — with appropriate technical devices — immediate localisation and liquidation of pollution, taking into consideration the size of the port, the port services provided, the goods handled there and the location of the port.

(2) A port authority, in cooperation with a port operator, shall organise the detection and elimination of pollution in the port, in which the port authority shall immediately inform the relevant authority of any pollution incidents.

(3) A port authority shall prepare a port pollution control plan for the detection and liquidation of pollution in waters.

(4) Pollution control plans of ports shall describe at least —

(a) activities in the event of pollution;
(b) list of technical devices used for localisation and liquidation of pollution together with schemes of their location in the port;
(c) obligations of port authorities upon detection and liquidation of pollution; and
(d) obligations of port operators upon detection and liquidation of pollution in their area of activity.

(5) A port pollution control plan shall be submitted for approval to Secretary of State every five years and immediately if major changes are made in the provision of the port services.

(6) The Secretary of State may by regulations made by statutory instrument make provision about the requirements for the contents of a port pollution control plan and the pollution control equipment.

(7) A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of the House of Commons.

Section 8: Extent, commencement and short title

(1) This Act extends to the whole of the United Kingdom.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Ports (Waste Management) Act.

This Bill was Submitted by u/Waffel-lol Spokesperson for Home Affairs and Justice, Business, Innovation and Trade, and Energy and Net-Zero on behalf of the Liberal Democrats

Referenced legislation

MARPOL - International Convention for the Prevention of Pollution from Ships

Opening Speech

Deputy Speaker,

The Liberal Democrats this term have undoubtedly presented our commitment towards a cleaner, more sustainable future for our maritime industries and coastal communities. Which is why I am proud to present this bill which aims to establish a robust and comprehensive port waste management system.

Our ports are fundamental to our economies, connecting us to the world and driving trade and prosperity. However, with such great economic benefits come heavy environmental challenges that demand our immediate attention. The impact of marine pollution from the shipping industry on our oceans and coastal regions is undeniable.

Which is why we have worked to present this bill which represents a transformative opportunity. Committed to seeing a greener and more sustainable maritime sector, our bill aims to pave the way for a new era of responsible maritime practices. By creating an effective port waste management system, we will take a decisive step towards safeguarding our marine ecosystems, preserving biodiversity, and protecting the health and well-being of our coastal communities. This bill lays the foundation for a comprehensive waste management framework that embraces innovation, sustainability, and collaboration. It calls for the implementation of efficient waste collection, treatment, and disposal processes, ensuring that hazardous and harmful substances are handled responsibly and prevented from entering our precious waters. All based on the MARPOL international convention for the prevention of pollution from ships.

Through this bill, we will empower our ports to become beacons of environmental consciousness, upholding global standards for responsible waste management in the maritime sector. By investing and integrating state-of-the-art technologies and fostering collaborative partnerships in the maritime sector, we will unlock opportunities for economic growth while safeguarding the ecological balance of our oceans.

This division will end at 10pm on the 1st November.