Ship to Ship Transfers

• Merchant Shipping Act 1995
• The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

These Regulations came into force on 1st April 2011 and will bring in controls on ship to ship transfers in UK waters. There are two strands to the Regulations:

• They prohibit ship-to-ship transfers and bunkering operations outside harbour authority waters (with the exception of transfers to offshore installations that are not a ship); and

• They put in place a legislative regime for assessing and licensing harbour authorities which propose to allow ship-to-ship transfers in their waters

• Conservation of Habitats and Species Regulations 2010
• Offshore Marine Conservation (Natural Habitats &c) Regulations 2007
• Conservation (Natural Habitats &c) Regulations 1994
• Merchant Shipping (Oil Pollution Preparedness, Response & Co-operation Convention) Regulations 1998

None known at present

Harbour Authorities

A harbour authority may only authorise a cargo transfer which is within the scope permitted by an Oil Transfer Licence

Ship to Ship Transfer Operators

Written authorisation is required from the harbour authority. The authorisation is valid only if given on receipt of a written application, in advance of the cargo transfer and in writing.

Harbour Authorities

An application for an Oil Transfer Licence must be made in writing. The application must contain:

• Chart or map to identify the locations of the proposed cargo transfers to carried out under the oil transfer licence and the extent of any onshore infrastructure
• Description of the proposed cargo transfers including
  • Types of substances to be transferred;
  • Maximum quantities of each substance to be transferred in any single operation and/or within the specified time period;
  • The frequency of transfers; and
  • The types of ship to be used to carry out the transfers; and
• An Environmental Statement in line with the requirements of Schedule 2 of the Ship to Ship Transfer Regulations.

The application and Environmental Statement must be publicised and consultations undertaken with Natural England, Countryside Council for Wales or Scottish Natural Heritage and any other organisation the Secretary of State considers likely to have an interest in an application.

In addition the harbour authority must determine whether the cargo transfers are likely to have a significant effect on any European Site, either individually or in combination with other plans or projects. This must be included in the written application to the Secretary of State and be undertaken in line with the requirements of Schedule 1 of the Ship to Ship Transfer Regulations.

Ship to Ship Transfer Operators

Details of application process will be provided by the relevant Harbour Authority, but will be expected to include details and timing of the planned cargo transfer. Applications must be made in writing.

Harbour Authorities - Oil Transfer Licence

Department for Transport

Ship to Ship Transfer Operators

Relevant Harbour Authority

Harbour Authorities - Oil Transfer Licence

Harbour Authorities must have an Oil Transfer Licence in place prior to the Regulations coming into force on 1st April 2011 or prior to any ship to ship transfers occuring in their harbour area.

However, where at least six cargo transfers have been carried within the same harbour authority waters during the twelve months prior to 1st October 2010, an Oil Transfer Licence will not be required until a licence decision has been made in respect of that harbour authority's application or the expiry or before 1st October 2012.

Ship to Ship Transfer Operators

Application period not yet known, but application must be made before ship to ship transfer operation occurs. Written authorisation will be required from 1st April 2010 regardless of whether that Harbour Authority falls under transitional provisions for an Oil Transfer Licence or not.

Cargo transfer means the transfer between two ships of a substance consisting wholly or mainly of oil with is transported by either or both of the ships for reward but does not include:

• Bunkering operations;
• Transfer of cargo residues or ship-generated waste.

None known at this stage.

If a cargo transfer or bunkering operation is carried out in contravention of these Regulations, the owner, the manager and the master of each ship carrying out the cargo transfer is guilty of an offence.

If a harbour authority authorises a cargo transfer without an oil transfer licence being in place is guilty of an offence.

If a harbour authority fails to take all reasonable steps to prevent a cargo transfer which is neither authorised under an oil transfer licence nor exempted by the REgulations, is guilty of an offence.

None at present