Statutory Rules of Northern Ireland
Environmental Protection
Made
22 April 2015
Coming into operation
18 May 2015
The Department of the Environment makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972 M1 and by Article 6(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997 M2.
The Department has been designated M3 for the purposes of section 2(2) of the European Communities Act 1972 in respect of measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to the environment.
Marginal Citations
M2S.I. 1997/2778 (N.I. 19); relevant amending Regulations and Orders are S.R. 2003 No. 46, S.R. 2004 No. 277, S.R. 2005 No.300, S.R. 2006 No. 280, S.I. 2006/3336 (N.I. 21), S.I. 2007/611 (N.I. 3) and S.R. 2011 No. 127
1. These Regulations may be cited as the Ship Recycling Facilities Regulations (Northern Ireland) 2015 and shall come into operation on 18 May 2015.
2.—(1) In these Regulations—
“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M4;
“the EU Ship Recycling Regulation” means Regulation (EU) No. 1257/2013 of the European Parliament and of the Council on ship recycling M5;
“the Department” means the Department of the Environment;
“the Executive” means the Health and Safety Executive for Northern Ireland established under Article 12 (Establishment of the Executive) of the 1978 Order;
“the European List” means the list of ship recycling facilities established [F1and as amended from time to time] under Article 16 (Establishment and updating of the European List) of the EU Ship Recycling Regulation;
“health and safety regulations” means regulations made under Article 17 (Health and safety regulations) of the 1978 Order;
“permit” means a waste management licence granted under Article 6 (Waste management licences: general) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or a permit granted under regulation 10 (Permits: general provisions) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M6;
“suspension notice” means a notice suspending a licence under Article 12 (Revocation and suspension of licences) or 16 (Supervision of licensed activities) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or a notice stating that a permit ceases to have effect under regulation 28 (Suspension notices) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.
[F2“United Kingdom List” means the list of ship recycling facilities published by the Secretary of State under Article 16 of the EU Ship Recycling Regulation;
“United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.]
(2) Terms which are used in these Regulations that are used in the EU Ship Recycling Regulation have the meaning they bear in that Regulation.
(3) The Interpretation Act (Northern Ireland) 1954 M7 shall apply to these Regulations as it applies to an Act of the Assembly.
Textual Amendments
F1Words in reg. 2 inserted (29.10.2018) by The Ship Recycling Facilities (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/171), regs. 1, 2
F2Words in reg. 2(1) inserted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M4S.I.1978/1039 (N.I. 9); relevant amending Order is S.I. 1998/2795 (N.I. 18)
M5O.J. No. L330, 10.12.2013, p.1
M6S.R. 2013 No. 160 to which there are amendments not relevant to these Regulations
3. The Department and the Executive acting jointly are designated as the competent authority in Northern Ireland for the purposes of Article 3(11) of the EU Ship Recycling Regulation.
4.—(1) The Department's functions in relation to a permit for a ship recycling facility include ensuring compliance with Articles 13 [F3to 15] of the EU Ship Recycling Regulation, but the Department must only exercise any such functions relating to health and safety with the consent of the Executive.
(2) A condition relating to health and safety to ensure compliance with Articles 13 [F4to 15] of the EU Ship Recycling Regulation may be imposed in a permit for a ship recycling facility.
(3) A power to serve a suspension notice in relation to a permit for a ship recycling facility includes the power to serve a notice where the competent authority considers that the operation of the ship recycling facility involves a serious risk to health and safety.
Textual Amendments
F3Words in reg. 4(1) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 4(2) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
5. Any function of the Executive under any provision of the 1978 Order in respect of health and safety regulations is exercisable as if Articles 13 [F5to 15] of the EU Ship Recycling Regulation were health and safety regulations for the purposes of that Order.
Textual Amendments
F5Words in reg. 5 substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 4(4); 2020 c. 1, Sch. 5 para. 1(1)
6.—(1) A ship recycling facility in Northern Ireland must not accept any ship flying the flag of a Member State within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the European List.
(2) A ship recycling facility in Northern Ireland must not accept any United Kingdom ship within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the United Kingdom List.
(3) A failure to comply with paragraph (1) or (2) has the same effect as failure to comply with a condition of a permit.
Textual Amendments
F6Regs. 6, 6A substituted for reg. 6 (31.12.2020) by S.I. 2019/277, reg. 4(5) (as substituted by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(b))
6A.—(1) In respect of a ship recycling facility in Northern Ireland, the competent authority must inform the Secretary of State without delay of—
(a)the permitting of a ship recycling facility for inclusion on the European List;
(b)the suspension or withdrawal of a permit of a ship recycling facility that is included on the European List.
(2) The Secretary of State must carry out the functions of the Member State referred to in Article 14(2) of the EU Ship Recycling Regulation, and must inform the European Commission in accordance with Article 14(3) and 14(4) of that Regulation.]
Textual Amendments
F6Regs. 6, 6A substituted for reg. 6 (31.12.2020) by S.I. 2019/277, reg. 4(5) (as substituted by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(b))
7. For regulation 12 (Health at Work) of the Waste Management Licensing Regulations (Northern Ireland) 2003 M8 substitute—
12.—(1) With the exception of a Ship Recycling Permit, no conditions shall be imposed in any waste management licence, disposal licence or resolution for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work (Northern Ireland) Order 1978 M9).
(2) In this regulation “Ship Recycling Permit” means a waste management licence granted under Article 6 (Waste management licences: general) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or a permit granted under regulation 10 (Permits: general provisions) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 to ensure compliance with Articles 13 and 14 of Regulation (EU) No. 1257/2013 of the European Parliament and of the Council on ship recycling M10.”.
Marginal Citations
M8S.R. 2003 No.493; relevant amending Regulations are S.R. 2006 No. 519, S.R. 2009 No. 159, S.R. 2011 No. 127 and S.R. 2014 No. 253
M9S.I.1978/1039 (N.I. 9); relevant amending Order is S.I. 1997/1774 (N.I. 16)
M10O.J. No. L 330, 10.12.2013, p.1
Sealed with the Official Seal of the Department of the Environment on 22nd April 2015.
L.S.
Dave Foster
A senior officer of the
Department of the Environment
(This note is not part of the Regulations)
The EU Regulation No. 1257/2013 of the European Parliament and of the Council on ship recycling (O.J. No. L 330, 10.12.2013, p. 1) (“the EU Regulation”) implements the Hong Kong International Convention for the safe and environmentally sound recycling of ships (“the Convention”). The Convention, once it is in force, will set global standards for ship recycling.
Articles 13 and 14 of the EU Regulation establish requirements for ship recycling facilities that recycle ships within its scope. Once the EU Regulation applies, ships sailing under the flag of a Member State that exceed 500 gross tonnes (excluding warships and naval auxiliary or other ships owned or operated by the Member State and used on government non-commercial service) will only be able to be recycled at a facility if it is included on the European List of facilities established under the EU Regulation.
These Regulations implement Articles 13 and 14 of EU Regulation and provide for facilities located in Northern Ireland to be authorised in accordance with the EU Regulation so that they may be added to the European List.
These Regulations designate the Department of the Environment and the Health and Safety Executive for Northern Ireland as the joint competent authority in Northern Ireland for the purposes of the EU Regulation.
These Regulations provide for the competent authority to authorise ship recycling facilities located in Northern Ireland for the purposes of the EU Regulation.
These Regulations provides for the notification of facilities to be included on the European List. They also ensure that facilities that are currently authorised to recycle ships will only be authorised to accept ships within the scope of the EU Regulation if their existing permit has been brought into line with their requirements.
These Regulations amend the Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R.2003 No.493) to allow health and safety conditions to be included in a permit issued for ship recycling.