Waste Management (Ship Recycling) Regulations, 2019

B 5 11
B 511
L.N. 84 of 2019
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Waste Management (Ship Recycling) Regulations, 2019
IN EXERCISE of the powers conferred by articles 54 and 55(2)
of the Environment Protection Act, the Minister for the Environ ment,
Sustainable Development and Climate Change, after consultation with
the Environment and Resources Authority, has made the following
regulations:-
Citation.1. (1) The title of these regulations is the Waste
Management (Ship Recycling) Regulations, 2019.
Scope.(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 s hip
recycling and amending Regulation (EC) No 1013/2006 and Directive
2009/16/EC, as amended, hereinafter referred to as "the EU Ship
Recycling Regulation".
Commencement.(3) These regulations shall be d eemed to have come into force
on 31st December 2018.
Interpretation.2. (1) In these regulations, unless the context otherwise
requires:
Cap. 549."the Act" means the Environment Protection Act;
"the competent authority" means the Environment and
Resources Authority as responsible for ship recycling facilitie s.
(2) All other terms shall ha ve the same meaning as that
assigned to them in the EU Ship Recycling Regulation.
Duty to ensure
compliance.
3. 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.
Offences and
penalties.
4. (1) An operator of a ship re cycling facility who fails to
comply with any provisions of these regulations and the provisions of
the EU Ship Recycling Regulation shall, on conviction, be guilt y of an
VERŻJONI ELETTRONIKA
B 512
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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
imprisonment not exceeding two years, or both such fine and
imprisonment:
Provided further that the c ourt 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.
VERŻJONI ELETTRONIKA