Regulation 5 Cargo transfers within harbour authority waters

(1)

Subject to regulations 6 (exceptions) and 11 (exemptions), a cargo transfer must not be carried out in harbour authority waters unless it is—

(a)

carried out in accordance with an authorisation of the harbour authority that regulates or manages the waters in which the cargo transfer is carried out;

(b)

a lightening operation; or

(c)

a consolidation operation.

(2)

In this regulation—

(a)

“lightening operation” means a cargo transfer carried out—

(i)

with the prior consent of the harbour authority that regulates or manages the waters in which the operation takes place, and

(ii)

in order to reduce the draught of the ship transferring the cargo, to enable it to move to shallower waters in the harbour authority waters of that harbour authority; and

(b)

“consolidation operation” means a cargo transfer carried out—

(i)

between two ships which normally carry out bunkering operations in the harbour authority waters in which the operation takes place,

(ii)

with the prior consent of the harbour authority that regulates or manages the waters in which the operation takes place, and

(iii)

for the purpose of rationalising cargo capacity.