Merchant Shipping (MARPOL Annex V) Order 2014 MERCHANT SHIPPING (MARPOL ANNEX V PREVENTION OF POLLUTION BY GARBAGE) ORDER 2014

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1 Merhant Shipping (MARPOL Annex V) Order 2014 Index MERCHANT SHIPPING (MARPOL ANNEX V PREVENTION OF POLLUTION BY GARBAGE) ORDER 2014 Index Artile Page PART 1 - INTRODUCTORY 3 1 Title Commenement Appliation Interpretation Operator s responsibility... 8 PART 2 DISCHARGE OF GARBAGE 8 6 General prohibition on disharge of garbage into the sea Disharge of garbage outside speial areas Speial requirements for disharge of garbage from fixed or floating platforms Disharge of garbage within speial areas Exeptions Plaards, garbage management plans and garbage reord-keeping Powers of an inspetor Provisions relating to delay of ships Provisions relating to offenes PART 3 - FOREIGN SHIPS Interpretation for this Part Foreign ship operator s responsibility Inspetion of a foreign ship Provisions relating to enforement, detention of a foreign ship and offenes Consequential amendments SCHEDULE 17 CONSEQUENTIAL AMENDMENTS 17 ARTICLE SD 2014/0065 Page 1

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3 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 1 Statutory Doument No. 2014/0065 Oil Pollution At 1986 MERCHANT SHIPPING (MARPOL ANNEX V PREVENTION OF POLLUTION BY GARBAGE) ORDER 2014 Approved by Tynwald: 19 Marh 2014 Coming into Operation: 21 Marh 2014 The Department of Eonomi Development, after onsulting the Seretary of State, makes the following Order under setion 14 of the Oil Pollution At PART 1 - INTRODUCTORY 1 Title This Order is the Merhant Shipping (MARPOL Annex V Prevention of Pollution by Garbage) Order Commenement If approved by Tynwald, this Order omes into operation on 21 Marh Appliation (1) Unless provided otherwise, this Order applies to a Manx ship wherever it may be; and a fixed or floating platform engaged in exploration and exploitation of the sea-bed and subsoil in the territorial waters of the Island. (2) Part 3 applies to a foreign ship in the territorial waters of the Island. (3) This Order does not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-ommerial servie. 4 Interpretation (1) In this Order SD 2014/0065 Page 3

4 Artile 4 Merhant Shipping (MARPOL Annex V) Order 2014 () MARPOL Convention means the International Convention for the Prevention of Pollution from Ships 1973 as amended by its protool of 1978; MARPOL Annex V means Annex V of the MARPOL Convention up to and inluding Resolution MEPC 216(63) of the Marine Environment Protetion Committee of the International Maritime Organization; IMO means the International Maritime Organization; and (d) the Department means the Department of Eonomi Development. (2) In this Order all plastis means all garbage that onsists of or inludes plasti in any form, inluding syntheti ropes, syntheti fishing nets, plasti garbage bags and ininerator ashes from plasti produts; animal arasses means the bodies of any animals that are arried on board as argo and that die or are euthanized during the voyage; authorised offier means a person appointed as an inspetor in aordane with setion 3 of the Merhant Shipping At 1985; argo residues means the remnants of any argo whih are not inluded in other Annexes to the MARPOL Convention and whih remain on the dek or in holds following loading or unloading, inluding loading and unloading exess or spillage, whether in wet or dry ondition or entrained in wash water but does not inlude argo dust remaining on the dek after sweeping or dust on the external surfaes of the ship; ooking oil means any type of edible oil or animal fat used or intended to be used for the preparation or ooking of food, but does not inlude the food itself that is prepared using these oils; domesti wastes has the meaning given by paragraph (5); en route means that the ship is underway at sea on a ourse or ourses, inluding deviation from the shortest diret route, whih as far as pratiable for navigational purposes, will ause any disharge to be spread over as great an area of the sea as is reasonable and pratiable; fishing gear means any physial devie or part thereof or ombination of items that may be plaed on or in the water or on the sea-bed with the intended purpose of apturing, or ontrolling for subsequent apture or harvesting, marine or fresh water organisms; food wastes means any spoiled or unspoiled food substanes and inludes fruits, vegetables, dairy produts, poultry, meat produts and food sraps generated aboard ship; foreign ship means any ship that is not a Manx ship; Page 4 SD 2014/0065

5 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 4 from the nearest land means, subjet to paragraph (4), from the baseline from whih the territorial sea of the territory in question is established in aordane with international law; garbage has the meaning given by paragraph (6); ininerator ashes means ash and linkers resulting from shipboard ininerators used for the inineration of garbage; inspetor means a person appointed as an inspetor under setion 3 of the Merhant Shipping At 1985 or a surveyor of an RO authorised by the Department to ondut inspetions for ompliane with the requirements of this Order; Manx ship has the same meaning given by setion 1 of the Merhant Shipping Registration At 1991 inluding ships registered under Part IV of that At (the Demise Charter Register), or under Part 3 of the Harbours At 2010; Manx Shipping Notie or MSN means a Notie desribed as suh and issued by the Department and inludes any doument amending the same whih the Department onsiders relevant from time to time; operator means the person registered as the owner of a Manx ship in aordane with the Merhant Shipping Registration At 1991 or Part 3 of the Harbours At 2010 (as the ase may be), or any other person who has assumed responsibility for the operation of the ship from the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the MARPOL Convention; operational wastes has the meaning given by paragraph (7); plasti has the meaning given by paragraph (8); RO means any reognised organisation speified in Manx Shipping Notie 020 whih is authorised by the Department to undertake the speified funtion; ship means a vessel of any type operating in the marine environment and inludes hydrofoil boats, air-ushion vehiles, submersibles, floating raft and fixed or floating platforms; and speial area means a sea area where for reognised tehnial reasons in relation to its oeanographi and eologial ondition and to the partiular harater of its traffi the adoption of speial mandatory methods for the prevention of sea pollution by garbage is required. territorial waters of the Island means the territorial sea adjaent to the Island; and any waters within the area that extend landward from the baselines from whih the breadth of the territorial sea is measured as far as the mean high water mark of ordinary spring tides. SD 2014/0065 Page 5

6 Artile 4 Merhant Shipping (MARPOL Annex V) Order 2014 (3) For the purposes of this Order the speial areas are the Mediterranean Sea area, the Balti Sea area, the Blak Sea area, the Red Sea area, the Gulfs area, the North Sea area, the Antarti area and the Wider Caribbean Region. Here () (d) (e) (f) the Mediterranean Sea area means the Mediterranean Sea proper inluding the gulfs and seas therein with the boundary between the Mediterranean and the Blak Sea onstituted by the 41 N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5 36' W; the Balti Sea area means the Balti Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrane to the Balti Sea bounded by the parallel of the Skaw in the Skagerrak at ' N; the Blak Sea area means the Blak Sea proper with the boundary between the Mediterranean and the Blak Sea onstituted by the parallel 41 N; the Red Sea means the Red Sea proper inluding the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane ( ' N, ' E) and Husn Murad ( ' N, ' E); the Gulfs area means the sea area loated north-west of the rhumb line between Ras al Hadd (22 30' N, 59 48' E) and Ras al Fasteh (25 04' N, 61 25' E); the North Sea area means the North Sea proper inluding seas therein with the boundary between (i) (ii) (iii) the North Sea southwards of latitude 62 N and eastwards of longitude 4 W; the Skagerrak, the southern limit of whih is determined east of the Skaw by latitude ' N; and the English Channel and its approahes eastwards of longitude 5 W and northwards of latitude 48 30' N; (g) the Antarti area means the sea area south of latitude 60 S; and (h) the Wider Caribbean Region means the Gulf of Mexio and the Caribbean Sea proper inluding the bays and seas therein and that portion of the Atlanti Oean within the boundary onstituted by the 30 N parallel from Florida eastward to 77 30' W meridian, thene a rhumb line to the intersetion of 20 N parallel and 59 W meridian, thene a rhumb line to the intersetion of 7 20' N parallel and 50 W meridian, thene a rhumb line drawn southwesterly to the eastern boundary of Frane Guiana. Page 6 SD 2014/0065

7 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 4 (4) For the purposes of this Order, "from the nearest land" off the northeastern oast of Australia in relation to the baselines shall be treated as a line drawn from a point on the oast of Australia in () (d) (e) (f) (g) (h) (i) (j) (k) latitude 11 00' S, longitude ' E to a point in latitude 10 35' S, longitude ' E thene to a point latitude 10 00' S, longitude ' E thene to a point latitude 09 10' S, longitude ' E thene to a point latitude 09 00' S, longitude ' E thene to a point latitude 10 41' S, longitude ' E thene to a point latitude 13 00' S, longitude ' E thene to a point latitude 15 00' S, longitude ' E thene to a point latitude 17 30' S, longitude ' E thene to a point latitude 21 00' S, longitude ' E thene to a point latitude 24 30' S, longitude ' E (l) thene to a point on the oast of Australia at latitude 24 42' S, longitude ' E. (5) In this Order, domesti wastes means all types of wastes not inluded in other Annexes to the MARPOL Convention generated in the aommodation spaes on board the ship. But domesti wastes does not inlude grey water. (6) In this Order, garbage means all kinds of food wastes, domesti wastes and operational wastes, all plastis, argo residues, ininerator ashes, ooking oil, fishing gear and animal arasses generated during the normal operation of the ship and liable to be disposed of ontinuously or periodially exept those substanes whih are defined or listed in other Annexes to the MARPOL Convention. But garbage does not inlude fresh fish and parts thereof generated as a result of fishing ativities whih involve the transport of fish inluding shellfish for plaement in the aquaulture faility and the transport of harvested fish inluding shellfish from suh failities to shore for proessing. (7) In this Order, operational wastes means all solid wastes (inluding slurries) not inluded in other Annexes of the MARPOL Convention that are olleted on board during normal maintenane or operations of a ship, or used for argo stowage and handling. Operational wastes also inlude leaning agents and additives ontained in argo hold and external wash water. SD 2014/0065 Page 7

8 Artile 5 Merhant Shipping (MARPOL Annex V) Order 2014 But operational wastes does not inlude grey water, bilge water, or other similar disharges essential to the operation of a ship, taking into aount the guidelines developed by the IMO. (8) In this Order plasti means a solid material whih ontains as an essential ingredient one or more high moleular mass polymers and whih is formed (shaped) during either manufature of the polymer or the fabriation into a finished produt by heat and/or pressure. For the sake of larity, plastis have material properties ranging from hard and brittle to soft and elasti. 5 Operator s responsibility (1) An operator must ensure a ship omplies with the requirements of this Order. (2) An operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. PART 2 DISCHARGE OF GARBAGE 6 General prohibition on disharge of garbage into the sea (1) Disharge of all garbage into the sea is prohibited, exept as provided otherwise in artiles 7, 8, 9 and 10. (2) Disharge into the sea of all plastis, inluding but not limited to syntheti ropes, syntheti fishing nets, plasti garbage bags and ininerator ashes from plasti produts is prohibited, exept as provided in artile 10. (3) Disharge of ooking oil into the sea is prohibited, exept as provided in artile Disharge of garbage outside speial areas (1) Disharge of the following garbage into the sea outside speial areas is only permitted while the ship is en route and as far as pratiable from the nearest land, but in any ase not less than () 3 nautial miles from the nearest land for food wastes whih have been passed through a omminuter or grinder. 12 nautial miles from the nearest land for food wastes that have not been treated in aordane with paragraph (1); and 12 nautial miles from the nearest land for argo residues that annot be reovered using ommonly available methods for Page 8 SD 2014/0065

9 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 8 unloading, but suh residues must not ontain any substanes lassified as harmful to the marine environment, taking into aount the guidelines developed by the IMO. This paragraph is subjet to the following qualifiation. Comminuted or ground food wastes falling within sub-paragraph must be apable of passing through a sreen with openings no greater than 25 mm. (2) Until 31 Deember 2015, argo hold wash water from holds previously ontaining solid bulk argoes lassified as harmful to the marine environment may be disharged outside speial areas, providing () (d) (e) based upon the information reeived from the relevant port authorities, the master determines that there are no adequate reeption failities either at the reeiving terminal or at the next port of all; the ship is en route and as far as pratiable from the nearest land, but not less than 12 nautial miles; before washing, solid bulk argo residue is removed (and bagged for disharge ashore) as far as pratiable and holds are swept; filters are used in the bilge wells to ollet any remaining solid partiles and minimise solid residue disharge; and the disharge is reorded in the Garbage Reord Book and the Department is notified utilising the Revised Consolidated Format for Reporting Alleged Inadequaies of Port Reeption Failities (MEPC.1/Cir.469/Rev.2). (3) For animal arasses, disharge into the sea outside speial areas is only permitted while the ship is en route and must our as far from the nearest land as possible, taking into aount the guidelines developed by the IMO. (4) Cleaning agents or additives ontained in argo hold, dek and external surfaes wash water may be disharged into the sea, but these substanes must not be harmful to the marine environment, taking into aount guidelines developed by the IMO. (5) When garbage is mixed with or ontaminated by other substanes prohibited from disharge or having different disharge requirements, the more stringent requirements apply. 8 Speial requirements for disharge of garbage from fixed or floating platforms (1) The disharge into the sea of any garbage is prohibited from fixed or floating platforms and from all other ships when alongside or within 500m of suh platforms. SD 2014/0065 Page 9

10 Artile 9 Merhant Shipping (MARPOL Annex V) Order 2014 This is subjet to the following qualifiation. (2) Food wastes may be disharged into the sea from fixed or floating platforms loated more than 12 nautial miles from the nearest land and from all other ships when alongside or within 500m of suh platforms, but only when the wastes have been passed through a omminuter or grinder. Comminuted or ground food wastes must be apable of passing through a sreen with openings no greater than 25mm. 9 Disharge of garbage within speial areas (1) Disharge of the following garbage into the sea within speial areas is only permitted while the ship is en route and as follows () (d) (e) disharge into the sea of food wastes as far as pratiable from the nearest land, but not less than 12 nautial miles from the nearest land or the nearest ie shelf; food wastes must be omminuted or ground and must be apable of passing through a sreen with openings no greater than 25mm; food wastes must not be ontaminated by any other garbage type; disharge of introdued avian produts, inluding poultry and poultry parts, is not permitted in the Antarti area unless it has been treated to be made sterile; disharge of argo residues that annot be reovered using ommonly available methods for unloading, where all the following onditions are satisfied (i) (ii) (iii) (iv) argo residues, leaning agents or additives, ontained in hold washing water do not inlude any substanes lassified as harmful to the marine environment, taking into aount the guidelines developed by the IMO; both the port of departure and the next port of destination are within the speial area and the ship will not transit outside the speial area between those ports; no adequate reeption failities are available at those ports taking into aount guidelines developed by the IMO; and where the onditions of sub-paragraphs (i), (ii) and (iii) have been fulfilled, disharge of argo hold washing water ontaining residues must be made as far as pratiable from the nearest land or the nearest ie shelf and (in any event) not less than 12 nautial miles from the nearest land or the nearest ie shelf. (2) Cleaning agents or additives ontained in dek and external surfaes wash water may be disharged into the sea, but only if these substanes Page 10 SD 2014/0065

11 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 10 are not harmful to the marine environment, taking into aount guidelines developed by the IMO. (3) Before entering the Antarti area, every ship must have suffiient apaity on board for the retention of all garbage, while operating in the area and have onluded arrangements to disharge suh garbage at a reeption faility after leaving the area. (4) When garbage is mixed with or ontaminated by other substanes prohibited from disharge or having different disharge requirements, the more stringent requirements apply. 10 Exeptions (1) Artiles 7, 8 and 9 do not apply to () (d) the disharge of garbage from a ship neessary for the purpose of seuring the safety of a ship and those on board or saving life at sea; the aidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable preautions have been taken before and after the ourrene of the damage, to prevent or minimise the aidental loss; the aidental loss of fishing gear from a ship provided that all reasonable preautions have been taken to prevent suh loss; or the disharge of fishing gear from a ship for the protetion of the marine environment or for the safety of that ship or its rew. (2) The en route requirements of artiles 7 and 9 do not apply to the disharge of food wastes where it is lear the retention on board of these food wastes presents an imminent health risk to the people on board. 11 Plaards, garbage management plans and garbage reord-keeping (1) Every ship of 12m or more in length overall, and fixed or floating platforms, must display plaards whih notify the rew and passengers of the disharge requirements of artiles 6, 7, 8 and 9, as appliable; (2) The plaards must be written in the working language of the ship's rew and if this is not English, must also be in English. (3) Every ship of 100 gross tonnage or above, and every ship whih is ertified to arry 15 or more persons, and fixed or floating platforms must arry a garbage management plan whih the rew must follow. (4) The garbage management plan must provide written proedures for minimising, olleting, storing, proessing and disposing of garbage, inluding the use of the equipment on board and designate the person or persons in harge of arrying out the plan; SD 2014/0065 Page 11

12 Artile 11 Merhant Shipping (MARPOL Annex V) Order 2014 () be based on the guidelines developed by the IMO; and must be written in the working language of the ship's rew and if this is not English, must also be in English. (5) Every ship of 400 gross tonnage or above and every ship whih is ertified to arry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdition of another Party to the MARPOL Convention and every fixed or floating platform must have a Garbage Reord Book. (6) The Garbage Reord Book, whether as part of the ship's offiial log-book or otherwise, must be in the form speified in MSN 043. (7) Eah disharge into the sea or to a reeption faility, or a ompleted inineration, must be promptly reorded in the Garbage Reord Book; and signed for on the date of the disharge or inineration by the offier in harge. (8) Eah ompleted page of the Garbage Reord Book must be signed by the master of the ship. (9) The entries in the Garbage Reord Book must be at least in English. (10) The entry for eah disharge or inineration must inlude () (d) date and time; position of the ship; ategory of the garbage; and the estimated amount disharged or ininerated. (11) The Garbage Reord Book must be kept on board the ship or the fixed or floating platform, and in suh a plae as to be readily available for inspetion at all reasonable times. The Garbage Reord Book must be preserved for a period of at least two years from the date of the last entry made in it. (12) In the event of any disharge or aidental loss referred to in artile 10 an entry must be made in the Garbage Reord Book, or in the ase of any ship of less than 400 gross tonnage, an entry must be made in the ship's offiial log book; of the loation, irumstanes of, and the reasons for the disharge or loss, details of the items disharged or lost, and the reasonable preautions taken to prevent or minimise suh disharge or aidental loss. (13) The Department may waive the requirements for Garbage Reord Books for Page 12 SD 2014/0065

13 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 12 any ship engaged on voyages of one hour or less in duration whih is ertified to arry 15 or more persons; or fixed or floating platforms. (14) The aidental loss or disharge of fishing gear as provided for in artile 10 whih poses a signifiant threat to the marine environment or navigation must be reported to the Department, and, where the loss or disharge ours within waters subjet to the jurisdition of another State, also to that State. 12 Powers of an inspetor (1) Without limiting any wider powers that may be granted to an inspetor under any other statutory provision, an inspetor has the following powers () to board a ship; to arry out any examination, test or inquiry that he or she may onsider neessary in order to be satisfied that the ship omplies with this Order; and to require that any defiieny is remedied. (2) A person who wilfully obstruts an inspetor in the exerise of a power onferred by paragraph (1), ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 13 Provisions relating to delay of ships (1) If an operator onsiders a ship has been unreasonably delayed, the operator may apply to the High Bailiff for a delaration to that effet. (2) An appliation under paragraph (1) () may not be made more than 7 days after the delay has eased; must be made in writing; and must be served on the Department as well as the High Bailiff. (3) On appliation under paragraph (1) it is for the appliant to show, on the balane of probabilities, that the ship s delay was unreasonable in all the irumstanes; and the operator has suffered loss in onsequene of that delay. (4) If it appears to the High Bailiff that both sub-paragraphs of paragraph (3) are met the High Bailiff may order the Department to pay ompensation as appears appropriate. SD 2014/0065 Page 13

14 Artile 14 Merhant Shipping (MARPOL Annex V) Order Provisions relating to offenes (1) It is a defene for a person harged under this Order to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under this Order is due to the at or default of some other person, that other person is guilty of the offene and a person may be harged with and onvited of the offene by virtue of this artile whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under this Order, and that offene is proved to have been ommitted with the onsent or onnivane or, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. (4) If the affairs of a body orporate are managed by its members, the preeding paragraph applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this artile, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 3 - FOREIGN SHIPS 15 Interpretation for this Part In this Part, foreign ship operator means the owner of the foreign ship or any other person who has assumed responsibility for the operation of the ship from the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the MARPOL Convention. 16 Foreign ship operator s responsibility (1) If a ship is in the territorial waters of the Island, the foreign ship operator must ensure that the ondition of the ship and its equipment are maintained and operated in aordane with the requirements of MARPOL Annex V; and the ship in all respets remains fit to proeed to sea without presenting an unreasonable threat of harm to the marine environment. Page 14 SD 2014/0065

15 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 17 (2) A foreign ship operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 17 Inspetion of a foreign ship (1) A ship in a port or an offshore terminal of the Island may be subjet to inspetion by an authorised offier onerning operational requirements under MARPOL Annex V if there are lear grounds for believing that the master or rew are not familiar with essential shipboard proedures relating to the prevention of pollution by garbage; or to verify whether the ship has disharged any harmful substanes in violation of the provisions of MARPOL Annex V. (2) An authorised offier may also () inspet the Garbage Reord Books or ship s offiial log-book; make a opy of any entry in those books; and require the master of the ship to ertify that the opy is a true opy of suh an entry. 18 Provisions relating to enforement, detention of a foreign ship and offenes (1) If an authorised offier arries out an inspetion in aordane with artile 17(1) the ship may be detained until the situation has been brought into order in aordane with the requirements of MARPOL Annex V. (2) If an inspetion is onduted or when measures are taken in aordane with paragraph (1), all reasonable efforts must be made to avoid a ship being unreasonably delayed or detained. (3) If a foreign ship operator onsiders a ship has been unreasonably detained or delayed, the foreign ship operator may apply to the High Bailiff for a delaration to that effet. (4) An appliation under paragraph (3) () may not be made more than 7 days after the detention or delay has eased; must be made in writing; and must be served on the Department as well as the High Bailiff. (5) On an appliation under paragraph (3) it is for the appliant to show, on the balane of probabilities, that SD 2014/0065 Page 15

16 Artile 19 Merhant Shipping (MARPOL Annex V) Order 2014 the ship s detention or delay was unreasonable in all the irumstanes; and the foreign ship operator has suffered loss in onsequene of that detention or delay. (6) If it appears to the High Bailiff that both sub-paragraphs of paragraph (5) are met the High Bailiff may order the Department to pay suh ompensation as appears appropriate. (7) If a ship is detained in aordane with this artile, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the modifiations in sub-setions (1) and (2), after any offier of the Department insert «any authorised offier,»; in sub-setion (3), for this At (wherever ourring) substitute «the MARPOL Annex V Order»; and () after sub-setion (3) add «(4) in this setion authorised offier has the meaning given by artile 4 of the MARPOL Annex V Order; and MARPOL Annex V Order means the Merhant Shipping (MARPOL Annex V Prevention of Pollution by Garbage) Order 2014.» (8) It is a defene for a person harged under this Part to show that he or she took all reasonable steps to avoid the ommission of an offene. (9) If the ommission by any person of an offene under this Part is due to the at or default of some other person, that other person is guilty of the offene, and a person may be harged with and onvited of the offene by virtue of this artile whether or not proeedings are taken against the first-mentioned person. 19 Consequential amendments The shedule (onsequential amendments) has effet. MADE 17 FEBRUARY 2014 JOHN SHIMMIN Minister for Eonomi Development Page 16 SD 2014/0065

17 Merhant Shipping (MARPOL Annex V) Order 2014 Artile 19 SCHEDULE CONSEQUENTIAL AMENDMENTS ARTICLE 19 (1) The Merhant Shipping (Prevention of Pollution by Garbage) Order is revoked. (2) The Merhant Shipping (Demise Charter Register) Regulations are amended as follows. In Shedule 2, Part II, omit () Merhant Shipping (Prevention of Pollution by Garbage) Order ; Merhant Shipping (Prevention of Pollution by Garbage) (Amendment) Order ; and Merhant Shipping (Prevention of Pollution by Garbage) Regulations (3) The Merhant Shipping (Prevention of Pollution by Garbage)(Amendment) Order is revoked. (4) The Merhant Shipping Registration Regulations are amended as follows. In regulation 24(d) omit Merhant Shipping (Prevention of Pollution by Garbage)(Amendment) Order ; and Merhant Shipping (Prevention of Pollution by Garbage)(Amendment) Regulations (5) Artile 3 of the Merhant Shipping (Prevention of Pollution) (Amendment) Order is revoked. (6) The Merhant Shipping (Demise Charter Register)(Amendment) Regulations are amended as follows. In Shedule 2, Part II omit 1 GC 1/89 2 GC 394/91 3 GC 1/89 4 SD 182/93 5 SD 79/99 6 SD 182/93 7 SD 689/96 8 SD 182/93 9 SD 407/93 10 SD 686/98 11 SD 552/99 SD 2014/0065 Page 17

18 Artile 19 Merhant Shipping (MARPOL Annex V) Order 2014 Merhant Shipping (Prevention of Pollution by Garbage) Order ; Merhant Shipping (Prevention of Pollution by Garbage)(Amendment) Order ; and () Merhant Shipping (Prevention of Pollution by Garbage) Regulations (7) The Merhant Shipping (Prevention of Pollution by Garbage) Regulations are revoked. 12 GC 1/89 13 SD 182/93 14 SD 79/99 15 SD 79/99 Page 18 SD 2014/0065

19 Merhant Shipping (MARPOL Annex V) Order 2014 Explanatory Note EXPLANATORY NOTE (This note is not part of the Order) This Order gives effet to Annex V of the MARPOL Convention, Regulations for the Prevention of Pollution by Garbage from Ships, and gives effet to amendments up to and inluding Resolution MEPC 216(63) of the Marine Environment Protetion Committee of the International Maritime Organization. This Order applies to a Manx ship wherever it may be, and fixed or floating platforms in the territorial waters of the Island. Part 3 of this Order applies to a foreign ship in the territorial waters of the Island. Artile 19 of the Order also revokes and replaes the Merhant Shipping (Prevention of Pollution by Garbage) Order 1989 (GC 1/89) and the Merhant Shipping (Prevention of Pollution by Garbage) Regulations 1999 (SD 79/99). This Order omes into effet on 21 Marh Copies of this doument and Manx Shipping Noties are obtainable from the Isle of Man Ship Registry, Department of Eonomi Development, St Georges Court, Upper Churh Street, Douglas, Isle of Man, IM1 1EX and an be aessed via the website: The International Convention for the Prevention of Pollution from Ships 1973, its Protools, IMO resolutions and irulars an be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR and an be aessed via their website: SD 2014/0065 Page 19