Merchant Shipping (Prevention of Pollution by Garbage) Regulations 2005
MERCHANT SHIPPING (PREVENTION OF POLLUTION BY
GARBAGE) REGULATIONS 2005


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BR 48 / 2005

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (PREVENTION OF POLLUTION BY
GARBAGE) REGULATIONS 2005


ARRANGEMENT OF REGULATIONS

1 Short title
2 Interpretation
3 Application
4 Disposal of garbage

outside Special Areas
(plastics)

5 Disposal of garbage
outside Special Areas
(other than plastics)

6 Disposal of garbage within
Special Areas

7 Disposal of garbage into
the sea within 500 metres
of fixed or floating
installations

8 Restrictions on Bermuda
ships entering the
Antarctic area

9 Placards

10 Garbage management
plan

11 Garbage record book
12 Inspection of ships and

installations
13 Inspection of garbage

record books
14 Offences
15 Service of documents
16 Power to detain
17 Harbour master or

inspector's powers
18 Restriction on jurisdiction

over offences outside
Bermuda limits

19 Suspension of proceedings
at flag State request

20 Defences





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The Minister of Tourism and Transport, in exercise of the powers
conferred by section 122 of the Merchant Shipping Act 2002, makes the
following regulations:

Short title
1 These Regulations may be cited as the Merchant Shipping
(Prevention of Pollution by Garbage) Regulations 2005.

Interpretation
2 (1) In these Regulations —

"Act" means the Merchant Shipping Act 2002;

"Bermuda ship" means a ship which —

(a) is registered in Bermuda; or

(b) is not registered under the law of any country but is
wholly owned by persons each of whom is either a
Bermudian or a body corporate which is established
under the laws of Bermuda and has its principal place of
business in Bermuda;

"certified" means, in relation to a ship, certified in accordance
with the Convention;

"controlled waters" means the waters specified as areas within
which the jurisdiction and rights of Bermuda are exercisable
under the Merchant Shipping (Prevention of Pollution)
(Limits) Regulations 2004 and the Bermuda (Territorial Sea)
Order in Council 1988;

"Convention" means the International Convention for the
Prevention of Pollution from Ships 1973, including its
protocols and Annex V (but no other Annex) and appendices
thereto as amended by the Protocol of 1978 to that
Convention and includes all the amendments adopted by the
Organisation's Marine Environment Protection Committee
before September 1997 and any subsequent amendment
which is considered by the Minister to be relevant from time
to time;

"from the nearest land" means, in relation to all land other than
the part of Australia specified, from the nearest baseline from
which the territorial sea of any territory is established in
accordance with international law; and in relation to the part
of the north-eastern coast of Australia which lies between the
points 11°00'S, 142°08'E and 24°42'S, 153°15'E, means from
the nearest of the straight lines joining consecutively the
following points —

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11°00'S, 142°08'E; 10°35'S, 141°55'E; 10°00'S, 142°00'E;
9°10'S, 143°52'E; 9°00'S, 144°30'E; 13°00'S, 144°00'E;
15°00'S, 146°00'E; 18°00'S, 147°00'E; 21°00'S, 153°00'E and
24°42'S, 153°15'E;

"garbage" means all kinds of victual, domestic and operational
wastes excluding fresh fish and parts thereof, generated
during the normal operation of the ship and liable to be
disposed of continuously or periodically except sewage
originating from ships;

"harmful substances in packaged form" means those substances
which are identified as marine pollutants in the IMDG Code
and which are in the form of containment specified in the
schedules of that Code;

"IMDG Code" means the 1994 edition of the International
Maritime Dangerous Goods Code published by the
International Maritime Organisation, as amended;

"inspector" means a person appointed as an inspector by the
Minister for the purposes of these Regulations under section
217 of the Act or regulation 12(4);

"installation" means any drilling or production platform or any
other platform used in connection with the exploration,
exploitation or associated offshore processing of seabed
mineral resources;

"mile" means an international nautical mile, or a distance of
1,852 metres;

"non-polluting substance" means a substance listed in Chapter
17 or 18 of the IBC Code having against it in column "c" the
entry III;

"noxious liquid substance" means a substance listed as such in
either MEPC Circular 2/CIRC.1 or a Category A, B, C or D
substance;

"oil" means petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined products (other than
petrochemicals which are subject to the provisions of Annex
II of the Convention);

"oily mixture" means a mixture with any oil content;

"operational wastes" means all maintenance wastes, cargo
associated wastes and cargo residues except residues or
wastes from oil or oily mixtures, noxious liquid substances,
non-polluting liquid substances or harmful substances in
packaged form;

"Organisation" means the International Maritime Organisation;



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"overall length" means the extreme length of the hull measured
between the foremost part of the bow and the aftmost part of
the stern;

"plastics" includes, but is not limited to, synthetic ropes,
synthetic fishing nets, plastic bags and foam plastics
(polystyrene and styrofoam);

"required standard" means, in relation to comminuted or ground
garbage, comminuted or ground sufficiently fine to be capable
of passing through a screen with openings no greater than 25
millimetres;

"sea" includes any estuary or arm of the sea;

"ship" means a vessel of any type whatsoever operating in the
marine environment including submersible craft, floating
craft and hovercraft.

(2) For the purposes of these Regulations the special areas are
the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the
Red sea area, the "Gulfs area", the North Sea area, the Antarctic area
and the Wider Caribbean Region, including the Gulf of Mexico and the
Caribbean Sea, which are defined as follows —

(a) the Mediterranean Sea area means the Mediterranean
Sea proper including the gulfs and seas therein with the
boundary between the Mediterranean and the Black Sea
constituted by the 41° N parallel and bounded to the
west by the Straits of Gibraltar at the meridian 5° 36' W;

(b) the Baltic Sea area means the Baltic Sea proper with the
Gulf of Bothnia and the Gulf of Finland and the entrance
to the Baltic Sea bounded by the parallel of the Skaw in
the Skagerrak at 57° 44.8' N;

(c) the Black Sea area means the Black Sea proper with the
boundary between the Mediterranean and the Black Sea
constituted by the parallel 41° N;

(d) the Red Sea area means the Red Sea proper including
the Gulfs of Suez and Aqaba bounded at the south by
the rhumb line between Ras si Ane (12°28.5' N, 43°19.6'
E) and Husn Murad (12°40.4' N, 43°30.2' E);

(e) the Gulfs area means the sea area located 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);

(f) the North Sea area means the North Sea proper
including seas therein with the boundary between —

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(i) the North Sea southwards of latitude 62° N and
eastwards of longitude 4° W;

(ii) the Skagerrak, the southern limit of which is
determined east of the Skaw by latitude 57° 44.8'
N; and

(iii) the English Channel and its approaches eastwards
of longitude 5° W and northwards of latitude 48°
30' N;

(g) the Antarctic area means the sea area south of latitude
60° S;

(h) the Wider Caribbean Region, as defined in article 2,
paragraph 1 of the Convention for the Protection and
Development of the Marine Environment of the Wider
Caribbean Region (Cartagena de Indias, 1983), means
the Gulf of Mexico and Caribbean Sea proper including
the bays and seas therein and that portion of the
Atlantic ocean within the boundary constituted by the
30° N parallel from Florida eastward to 77° 30' W
meridian, thence a rhumb line to the intersection of 20°
N parallel and 59° W meridian, thence a rhumb line to
the intersection of 7° 20' N parallel and 50° W meridian,
thence a rhumb line drawn south-westerly to the eastern
boundary of French Guiana.

(3) In the application of these Regulations to a hovercraft,
references to the master of a ship shall be taken to include references to
the captain of the hovercraft.

Application
3 These Regulations apply to —

(a) Bermuda ships wherever they may be; and

(b) other ships while they are in Bermuda waters, controlled
waters or, in relation to regulations 4 to 7, any other
waters which is sea.

Disposal of garbage outside Special Areas (plastics)
4 The disposal of any plastics from a ship to the sea outside any
Special Area is prohibited.

Disposal of garbage outside Special Areas (other than plastics)
5 Subject to regulation 7, the disposal of garbage other than
plastics from a ship into the sea outside any Special Area is prohibited
except where it is made as far from the nearest land as is practicable,
and —



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(a) in the case of dunnage, lining and packing materials
which will float, not less than 25 miles from the nearest
land; or

(b) in the case of food wastes and all other garbage
including paper products, rags, glass, metal, bottles,
crockery and similar refuse, not less than 12 miles or, if
such wastes and other garbage have been ground or
comminuted, not less than 3 miles from the nearest
land: such ground or comminuted garbage shall be
capable of passing through a screen with openings no
greater than 25mm.

Disposal of garbage within Special Areas
6 (1) Subject to paragraph (2), the disposal of any garbage from a
ship into the sea within any Special Area is prohibited.

(2) The disposal of food wastes from a ship into the sea within
any Special Area except the Antarctic area is permitted if the disposal is
made as far as practicable, and in any case not less than 12 miles, from
the nearest land.

Disposal of garbage into the sea within 500 metres of fixed or
floating installations
7 The disposal of any garbage into the sea from a fixed or floating
installation, or from any other ship alongside or within 500 metres of
such installation, is prohibited except that food wastes which have been
comminuted or ground to the required standard may be disposed of into
the sea from such installations or ships if the installation in question is
located more than 12 miles from the nearest land.

Restriction on Bermuda ships entering the Antarctic area
8 A Bermuda ship shall not enter the Antarctic area unless —

(a) it has sufficient capacity for the retention on board of all
garbage while operating in the area; and

(b) it has concluded arrangements for the discharge of
retained garbage at a reception facility after it has left
the area.

Placards
9 (1) Every ship of 12 metres or more in overall length shall
display placards which notify the crew and passengers, if any, of the
disposal requirements of regulations 4 to 7.

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(2) In the case of a Bermuda ship, the information on the
placards shall be written in English and, if different, the working
language of the crew.

(3) In the case of a ship which is not a Bermuda ship, the
information on the placards shall be written in the working language of
the ship and, where the ship is engaged on voyages to ports or offshore
terminals under the jurisdiction of a party to the Convention other than
its flag State, in English, French or Spanish.

(4) Every fixed or floating installation shall display placards
which notify all persons on board of the disposal requirements of
regulation 7.

(5) The information on such placards shall be written in
English and, if different, the working language of the crew.

Garbage management plan
10 (1) This regulation applies to —

(a) every ship of 400 tons gross tonnage or above;

(b) every ship which is certified to carry 15 persons or more;
and

(c) every fixed or floating installation.

(2) Any ship or installation to which this regulation applies
shall carry a garbage management plan which shall —

(a) provide written procedures for collecting, storing,
processing and disposing of garbage, including the use
of equipment on board;

(b) designate the person in charge of carrying out the plan;

(c) be in accordance with the guidelines developed by the
Organisation; and

(d) be in the working language of the crew.

(3) The crew of a ship or installation which is required to carry
a garbage management plan under paragraph (2) shall follow that plan.

Garbage record book
11 (1) This regulation applies to —

(a) every ship of 400 tons gross tonnage or above;

(b) every ship certified to carry 15 persons or more which is
engaged on voyages to ports or offshore terminals under
the jurisdiction of a party to the Convention other than
its flag State; and

(c) every fixed and floating installation.



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(2) Any ship or installation to which this regulation applies
shall carry a garbage record book, whether as part of the ship's official
logbook or otherwise, in the form specified in the Convention.

(3) The officer in charge of a discharge operation, or
incineration, shall make and sign an entry in the garbage record book in
respect of the discharge or completed incineration on the date of the
discharge or incineration in question.

(4) Such entries in the garbage record book shall include —

(a) the date and time the discharge or incineration
occurred;

(b) the position of the ship at the time of the discharge or
incineration; and

(c) a description of, and the estimated amount of the
garbage discharged or incinerated.

(5) If a discharge, escape or accidental loss within the meaning
of regulation 20(2)(a) occurs an entry shall be made in the garbage record
book of the circumstances of and the reasons for the discharge, escape
or accidental loss.

(6) Any entries made in the garbage record book shall —

(a) in the case of a Bermuda ship, be in English and, if
different, the working language of the crew;

(b) in the case of a ship which is not a Bermuda ship, be in
the working language of the ship and in English, French
or Spanish: the entries in the working language of the
ship shall prevail in a discrepancy between the different
language entries; and

(c) in the case of an installation, be in English and, if
different, the working language of the crew.

(7) Each completed page of the garbage record book shall be
signed by the master of the ship or the installation manager (as
appropriate).

(8) The garbage record book shall —

(a) be kept on board the ship or installation and in such a
place as to be available for inspection in a reasonable
time; and

(b) be preserved by the ship's or installation's owner for a
period of two years after the final entry is made in it.

(9) The Minister may waive the requirement for a garbage
record book in respect of —

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(a) any ship certified to carry 15 persons or more engaged
on a voyage of one hour or less in duration; or

(b) any fixed or floating installation.

Inspection of ships and installations
12 (1) An inspector may inspect any ship to which these
Regulations apply in any port in Bermuda.

(2) An inspector may investigate any operation regulated by
these Regulations if he has clear grounds for believing that the master or
crew is not familiar with the ship's on-board procedures for preventing
pollution by garbage.

(3) If the inspector is satisfied, following any such inspection of
a ship, that either the master or crew is not familiar with the ship's on-
board procedures for preventing pollution by garbage he shall take such
steps as he considers necessary, including detaining the ship, to ensure
that the ship does not sail until the situation has been brought into
accordance with the requirements of these Regulations.

(4) The Minister may appoint any person, either generally or in
relation to a particular case, as an inspector under these Regulations in
relation to fixed and floating platforms.

(5) Any person appointed under paragraph (4) may at all
reasonable hours go on board a platform and inspect it for the purpose of
seeing that these Regulations are complied with.

Inspection of garbage record books

13 (1) An inspector may require —

(a) in respect of a ship to which regulation 11 applies, the
owner, master or any member of the crew of the ship,
while the ship is in any Bermuda port or offshore
terminal; and

(b) in respect of an installation to which regulation 11
applies, the installation manager or any member of the
crew of the installation,

to produce the garbage record book for inspection.

(2) An inspector may make a copy of any entry in the garbage
record book and may require the master of the ship or installation
manager to certify that the copy is a true copy of such an entry.

(3) Any copy so made which has been certified by the master of
the ship or installation manager as a true copy shall be admissible in
any judicial proceedings as evidence of the facts stated therein.

(4) The inspection of a garbage record book and the taking of a
certified copy by the inspector under this regulation shall be performed



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as expeditiously as possible without causing the ship to be unduly
delayed.

Offences
14 (1) Any breach of the requirements of these Regulations (other
than of the requirements of regulations 4, 5, 6 or 7) —

(a) in respect of a ship, shall be an offence on the part of the
owner, manager, demise charterer and master of the
ship; and

(b) in respect of an installation, shall be an offence on the
part of the owner and installation manager,

punishable on summary conviction by a fine not exceeding $10,000.00
or on conviction on indictment by a fine.

(2) Any breach of the requirements of regulation 4, 5, 6 or 7 —

(a) in respect of a ship, shall be an offence on the part of the
owner, manager, demise charterer and master of the
ship; and

(b) in respect of an installation, shall be an offence on the
part of the owner and installation manager,

and section 130(3) of the Act shall apply as it applies to an offence under
that section, so that each of them shall be liable on summary conviction
to a fine not exceeding $500,000.00 or on conviction on indictment to a
fine not exceeding $1,000,000.00.

Service of documents
15 Section 142(3) of the Act (which provides for service of
documents on foreign companies required or authorised by any statutory
provision in connection with proceedings for an offence under section
130 shall apply to proceedings for an offence under regulations 4, 5, 6 or
7 as it applies to proceedings for an offence under section 130 of the Act,
as if —

(a) in respect of an offence in respect of a ship, for the word
"owner" there were substituted the words "owner,
manager or demise charterer"; and

(b) in respect of an offence in respect of an installation —

(i) for the word "ship" on the first occasion it occurs
there were substituted the word "installation"; and

(ii) for the words "master of the ship" there were
substituted the words "installation manager".

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Power to detain
16 Where the steps taken by an inspector under regulation 12(3)
involve detention of the ship, section 242 of the Act (which relates to the
detention of a ship) shall have effect in relation to that ship, as if for the
words "this Act" wherever they appear there were substituted the words
"the Merchant Shipping (Prevention of Pollution by Garbage) Regulations
2005."

Harbour master or inspector's powers
17 Where a harbour master or an inspector has reason to believe
that the owner, manager, demise charterer or master of a ship has
committed an offence under regulations 4, 5, 6 or 7 by the disposal from
the ship of garbage, the harbour master, if the disposal was into the
waters of the harbour, or an inspector, if the disposal was in any other
waters, may detain the ship.

Restriction on jurisdiction over offences outside Bermuda limits
18 (1) Proceedings in respect of a ship other than a Bermuda ship
for an offence of contravening any provision of regulations 4 to 6 which
relates to a breach of the said provisions committed in the internal
waters, Territorial Sea or Exclusive Economic Zone of a State outside
Bermuda (in this regulation "the other State") shall not be instituted in
Bermuda unless —

(a) the other State, the flag State or a State damaged or
threatened by the breach of the Regulations requests
that proceedings be taken; or

(b) the breach of the Regulations has caused or is likely to
cause pollution in Bermuda waters or controlled waters.

(2) Where such proceedings have been instituted but not
concluded they shall be suspended upon request by the other State and
the Minister shall transmit all the evidence and court records and
documents relating to the case, together with any sum paid or security
given, to the other State.

Suspension of proceedings at flag State request
19 (1) This regulation applies to proceedings instituted but not
concluded in Bermuda in respect of a breach of the Regulations
committed outside Bermuda waters by a ship other than a Bermuda
ship.

(2) Any such proceedings shall be suspended if the court is
satisfied that the flag State has instituted proceedings corresponding to
the proceedings in Bermuda in respect of the breach of the Regulations
within six months of the institution of the proceedings in Bermuda.

(3) Paragraph (2) does not apply —



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(a) where the breach of the Regulations resulted in major
damage to Bermuda; or

(b) the Minister certifies that the flag State has repeatedly
disregarded its obligations to enforce effectively the
requirements of the Convention in respect of its ships.

(4) Where proceedings instituted by the flag State have been
brought to a conclusion, the suspended proceedings shall be terminated.

Defences
20 (1) In any proceedings for an offence under these Regulations it
shall be a defence for the person charged to prove —

(a) that he took all reasonable steps and exercised all due
diligence to ensure that the Regulations were complied
with;

(b) that the disposal was necessary for the purpose of
securing the safety of the ship or installation or those on
board, or of saving life at sea; or

(c) that the escape of garbage resulted from damage to the
ship or installation or the ship's or installation's
equipment and that all reasonable precautions were
taken before and after the damage occurred to prevent
or minimise the escape.

(2) Without prejudice to paragraph (1), it shall be a defence for
a person charged to prove —

(a) in any proceedings in respect of a ship for contravening
regulation 4 or 6 by the disposal into the sea of synthetic
fishing nets or synthetic material incidental to the repair
of such nets, that the disposal was an accidental loss
and that all reasonable precautions were taken to
prevent the loss; or

(b) in any proceedings in respect of a ship for contravening
any provision of regulations 4 to 6, that —

(i) the ship is not a Bermuda ship;

(ii) the offence took place outside Bermuda waters and
controlled waters; and

(iii) the ship was in a port in Bermuda at the time of
institution of proceedings by reason only of stress
of weather or any other reason beyond the control
of the master, owner, charterer or manager (if any).



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Made this 3rd day of October, 2005





Minister of Tourism and Transport