S.L. 499.71 Art. 6Waste reception and handling plans.       Cap. 549.    Cap. 549.

(1) A port or terminal operator shall prepare and keep updated, following ongoing consultations with all stakeholders, a waste reception and handling plan with respect to the provision and the use of port reception facilities.

(2) A waste reception and handling plan prepared under this regulation shall comply with the detailed requirements in the First Schedule.

(3) A port or terminal operator shall ensure that the following information from the waste reception and handling plan, dealing with the availability of adequate port reception facilities in the respective port or terminal and the structure of costs, is clearly communicated to the ship operators, is made publicly available and is easily accessible, in the English language and, if deemed appropriate, also in the Maltese language:

(a) the location of the port reception facilities applicable to each berth, and where relevant, their opening hours;

(b) a list of waste from ships normally managed by such port or terminal;

(c) the list of contact points, of the port reception facility operators and of the services provided;

(d) a description of the procedures for the delivery of the waste; and

(e) a description of the cost recovery system, including waste management schemes and funds as advised by the Authority from to time, where applicable.

All the information referred to in this sub-regulation shall be made available electronically and kept up-to-date by the port or terminal operator; and shall be communicated from time to time to the Authority. The Authority shall keep this information up-to-date in SafeSeaNet.

(4) Where required for reasons of efficiency and following approval by the Authority, the waste reception and handling plans may be developed jointly by two or more neighbouring port or terminal operators in the same geographical area, with the appropriate involvement of each port or terminal operator concerned, provided that the need for and availability of port reception facilities are specified for each port or terminal.

(5) Subject to sub-regulation (7), a port or terminal operator shall submit his updated waste reception and handling plan to the Authority for approval in accordance with sub-regulation (1) within six months from the coming into force of these regulations.

(6) A port operator for a new port, or a terminal operator for a new terminal, shall submit a waste reception and handling plan to the Authority for approval in accordance with sub-regulation (1), within three months from the first day of operation of the port or terminal.

(7) A port or terminal operator shall submit subsequent waste reception and handling plans to the Authority for approval in accordance with sub-regulation (1):

(a) within nine months of any significant change to the operation of the port or terminal since the most recent waste reception and handling plan was approved by the Authority pursuant to sub-regulation (10) or prepared by him pursuant to sub-regulation (8); or

(b) not later than five years after the most recent plan was approved by the Authority pursuant to sub-regulation (9) or prepared by him pursuant to sub-regulation (8), whichever is the sooner:

Provided that where during the previous five-year period no significant changes have taken place, the reapproval by the Authority may consist of a validation of the existing plan. THE DELIVERY OF WASTE FROM SHIPS

(8) If the Authority is satisfied that a person who is required to prepare a waste reception and handling plan is not taking any steps necessary in connection with the preparation of this plan, the Authority may, in consultation with the competent authority nominated by the

Minister responsible for the environment under the Environment Protection Act, prepare such a plan.

(9) The Authority may, in consultation with the competent authority nominated by the Minister responsible for the environment under the Environment Protection Act, either approve the reception and handling management plan or request modifications thereto and a modified plan to be submitted within a date as directed by the Authority.

(10) A waste reception and handling plan that has been approved by the Authority pursuant to sub-regulation (9) or prepared by the Authority pursuant to sub-regulation (8) shall be implemented by the port or the terminal operator for the port or terminal to which the plan relates.

(11) The Authority shall monitor the implementation of the waste reception and handling plan; and may direct a port or terminal operator to take such steps as are required and specified for the purpose of ensuring the correct implementation of the waste reception and handling plan.

(12) The Authority may exempt the operators of small non-commercial ports, or terminals within such ports, characterised by rare or low traffic from recreational craft only, from the requirements of the previous sub-regulations:

(a) if their port reception facilities are integrated in the waste handling system managed by or on behalf of the relevant port or terminal or the Authority; and

(b) the information regarding the waste management system in place is made available to the users of such ports and terminals.

The Authority shall notify the name and location of such ports or terminals electronically in SafeSeaNet.