Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_31:p1
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 31 (pt 1/4)
Character Range: 10869–13483

31  Subsections 26F(6) to (8A)
Repeal the subsections, substitute:

Exception—discharge of food wastes outside a special area
 (6) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area;
 (b) the discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is food wastes;
 (d) in the case of food wastes that have been passed through a comminuter or grinder so that the wastes are capable of passing through a screen with no opening greater than 25 millimetres:
 (i) if the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform—the discharge occurs when the ship is at a distance of not less than 3 nautical miles from the nearest land; or
 (ii) if the discharge occurs when the ship is alongside, or within 500 metres of, a fixed or floating platform—the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (e) in the case of all other food wastes:
 (i) the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land; and
 (ii) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of cargo residues outside a special area
 (7) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area;
 (b) the discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is cargo residues that cannot be recovered using commonly available methods for unloading;
 (d) the cargo residues do not contain any prescribed substances;
 (e) the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (f) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of animal carcasses outside a special area
 (8) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge