Joint Committee on Statutory Instruments Twenty-First Report


APPENDIX V

Memorandum by the Department of the Environment, Transport and the Regions

MERCHANT SHIPPING (PORT WASTE RECEPTION FACILITIES) REGULATIONS 1997 (S.I. 1997/3018)

The Committee asked for a memorandum on the following points:

    Section 130B(1)(a) of the Merchant Shipping Act 1995 empowers regulations under section 130A to make provision requiring a harbour authority, "in such circumstances as may be prescribed", to prepare a waste management plan. Regulation 8, in requiring a harbour authority to prepare such a plan, does not prescribe circumstances in which the authority may do so. Are the circumstances contemplated by section 130B(1)(a) prescribed by any other of these Regulations? If not, explain how, without prescribing circumstances, the terms of the power are fulfilled.

Regulation 8 provides that waste management plans shall be prepared by all harbour authorities in respect of harbours in the United Kingdom. Accordingly the obligation to prepare a waste management plan arises in all circumstances. The Department did not consider it necessary to specify this explicitly in the Regulations.

    Explain why regulation 9 (unlike regulation 8(2)) makes no provision for consultation. In relation to regulation 9, is it intended that the Secretary of State should have no power to direct that a terminal operator, in preparing a waste management plan, must consult such persons as he may direct? (compare regulation 8(2)(a), second limb.)

Regulation 9 provides that the Secretary of State may direct a terminal operator to prepare a waste management plan in respect of his own terminal. It is intended that the Secretary of State would give such a direction in the event that the harbour authority within which a terminal is situated could not, for whatever reason, adequately prepare a waste management plan which covered the terminal. The Department does not envisage this occurring often. It was considered that in these circumstances an express provision requiring the terminal operator to consult such persons as the Secretary of State may direct was unnecessary. The Secretary of State has the power to reject the plan submitted by a terminal operator (regulation 10(2)(a)) and the Department takes the view that a plan could be rejected if the Secretary of State was not satisfied that the terminal operator had adequately consulted the relevant persons.

    Regulation 15 purports to amend the Merchant Shipping (Fees) Regulations 1997. Ought not the underlined word have read "1996"?

Yes. The Department regrets this error. It is intended that the Merchant Shipping (Fees) Regulations 1996 will be further amended in April 1998. The Department will use this opportunity to correct this error.

26th January 1998


 
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