Document ID: chunk:federal_register_of_legislation:C2008A00094:clause:2_2:p1
Version: federal_register_of_legislation:C2008A00094
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/3)
Character Range: 26489–29037

2  Subsection 9(4)
Repeal the subsection, substitute:

 (4) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1B) does not apply to:
 (a) the discharge of oil or an oily mixture from a ship that is not within a special area, if the following conditions are satisfied:
 (i) the ship has a gross tonnage of equal to or greater than 400;
 (ii) the ship is proceeding en route;
 (iii) the oily mixture is processed using oil filtering equipment meeting the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912;
 (iv) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;
 (v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and
 (b) the discharge of oil or an oily mixture from a ship within a special area other than the Antarctic area, if the following conditions are satisfied:
 (i) the ship has a gross tonnage of equal to or greater than 400;
 (ii) the ship is proceeding en route;
 (iii) the oily mixture is processed using oil filtering equipment meeting the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912;
 (iv) the oil content of the effluent without dilution does not exceed 15 parts per 1,000,000 parts;
 (v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and
 (c) the discharge of oil or an oily mixture within an area other than the Antarctic area from a ship, if the following conditions are satisfied:
 (i) the ship has a gross tonnage of less than 400;
 (ii) the ship is proceeding en route;
 (iii) the ship has in operation equipment, of a kind that meets the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;
 (iv) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and
 (d) the discharge of oil or an oily mixture (other than washings contaminated with oil) from the cargo area of an oil tanker that is not within a special area, if the following conditions are satisfied:
 (i) the tanker has a gross tonnage