Office of Public Sector Information

PART 2 Other operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions

Temporary storage of ships' garbage or tank washings

49.—(1) Temporary storage of waste consisting of garbage, including any such waste which is hazardous waste, at reception facilities provided within a harbour area in accordance with the 2003 Regulations where such storage is incidental to the collection or transport of the waste if—

(a) the amount of garbage so stored does not at any time exceed 20 cubic metres for each ship from which garbage has been landed; and

(b) no garbage is so stored for more than 7 days.

(2) Temporary storage of waste consisting of tank washings, including any such waste which is hazardous waste, at reception facilities provided within a harbour area in accordance with the 2003 Regulations where such storage is incidental to the collection or transport of the waste if—

(a) the amount of tank washings consisting of dirty ballast so stored does not at any time exceed 30% of the total deadweight of the ships from which such washings have been landed; and

(b) the amount of tank washings consisting of waste mixtures containing oil so stored does not at any time exceed 1% of the total deadweight of the ships from which such washings have been landed.

(3) In this paragraph—

(a) “the 2003 Regulations” means the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(85);

(b) “garbage” has the same meaning as “ship generated waste” in regulation 2 of the 2003 Regulations;

(c) “harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987(86);

(d) “ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform; and

(e) “tank washings” means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.

Storing non-liquid waste pending its management elsewhere

50.  Storing non-liquid waste at any place other than the premises where it is produced if—

(a) it is stored in a secure container, does not at any time exceed 50 cubic metres in total and is not kept for a period longer than 3 months;

(b) the person storing the waste is the owner of the container or has the consent of the owner;

(c) the place where it is stored is not a site designed or adapted for—

(i) the reception of waste with a view to its being disposed of or recovered elsewhere, or

(ii) the recovery of scrap metal or the dismantling of waste motor vehicles; and

(d) such storage is incidental to the collection or transport of the waste.

Temporary storage of scrap rails

51.  Temporary storage of scrap rails on operational land of a railway, a light railway or a tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes and the storage is incidental to the collection or transport of the scrap rails.

Temporary storage of waste on the site where it is produced

52.—(1) Temporary storage of waste, including WEEE, pending its collection, on the site where it is produced if—

(a) the storage is not at a place designed or adapted for the recovery of scrap metal or the dismantling of vehicles;

(b) in the case of vehicles, the storage complies with—

(i) the general requirements in Article 4 of the Waste Framework Directive, and

(ii) the relevant minimum technical requirements described in Annex I of the End-of-Life Vehicles Directive; and

(c) in the case of hazardous waste it is stored on the site for no more than 12 months, and—

(i) if liquid, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres, and

(ii) in any other case, either it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres, or it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.

(2) In this paragraph “vehicle” means a motor vehicle of any type that is waste.

Regulation 11

SCHEDULE 4 Application of these Regulations to the Crown

Crown application

1.  Subject to paragraphs 2 to 4, these Regulations bind the Crown.

Contravention of these Regulations by the Crown

2.—(1) If the Crown contravenes a provision of these Regulations—

(a) it is not criminally liable under regulation 38; and

(b) no proceedings may be taken against it under regulation 42.

(2) But—

(a) on the application of a regulator, the High Court may declare a contravention of these Regulations by the Crown to be unlawful; and

(b) these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Entry to Crown premises

3.—(1) If the appropriate authority considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises it may certify that those powers must not be used in relation to those premises.

(2) In this paragraph—

“Crown premises” means premises held or used by or on behalf of the Crown;

“power of entry” means a power of entry exercisable under section 108 of the 1995 Act(87), in relation to a function under these Regulations.

Service on certain Crown operators

4.—(1) This paragraph applies in relation to a regulated facility operated or controlled by a person acting on behalf of—

(a) the Royal Household;

(b) the Duchy of Lancaster; or

(c) the Duke of Cornwall or other possessor of the Duchy of Cornwall.

(2) When serving or giving notices or notifications, or instituting proceedings, the following person must be treated as the operator—

(a) in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

(b) in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

(c) in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.