WASTE MANAGEMENT (SHIP RECYCLING) REGULATIONS

WASTE MANAGEMENT

(SHIP RECYCLING)

SUBSIDIARY LEGISLATION 549.131

WASTE MANAGEMENT

(SHIP RECYCLING) REGULATIONS

31st December, 2018

LEGAL NOTICE 84 of 2019.

(1)

The title of these regulations is the Waste

Management (Ship Recycling) Regulations.

(2)

These regulations establish a system of penalties for

failure by an operator of a ship recycling facility to comply with the

requirements set out in Regulation (EU) No 1257/2013 of the

European Parliament and of the Council of 20 November 2013 on ship

recycling and amending Regulation (EC) No 1013/2006 and Directive

2009/16/EC, as amended, hereinafter referred to as "the EU Ship

Recycling Regulation".

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Environment Protection Act;

"the competent authority" means the Environment and

Resources Authority as responsible for ship recycling facilities.

(2)

All other terms shall have the same meaning as that

assigned to them in the EU Ship Recycling Regulation.

It shall be the duty of an operator of a ship recycling

facility to ensure that it is authorised by the competent authority to

conduct ship recycling operations and to ensure compliance with the

requirements of the EU Ship Recycling Regulations and the provisions

of the Act.

(1)

An operator of a ship recycling facility who fails

to comply with any provisions of these regulations and the provisions

of the EU Ship Recycling Regulation shall, on conviction, be guilty of

an offence under these regulations.

(2)

Any person who commits or attempts to commit an

offence against these regulations shall, on conviction, be liable

(a)

in the case of a first offence, a fine (multa) of not

less than ten thousand euro (€10,000) but not exceeding fifty

thousand euro (€50,000);

(b)

in the case of a second or subsequent offence, a

fine (multa) of not less than twenty thousand euro (€20,000) but

not exceeding one hundred thousand euro (€100,000), or

WASTE MANAGEMENT

(SHIP RECYCLING)

imprisonment not exceeding two years, or both such fine and

imprisonment

Provided further that the court shall order any

person who has been found guilty of committing an offence

against these regulations to pay for the expenses incurred by the

competent authority as a result of the said offence, to undertake

mitigation or prevention measures in order to address offence-

related damages, the revocation of the authorisation issued by

the competent authority and the confiscation of the corpus

delicti, if applicable.