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