Document ID: chunk:federal_register_of_legislation:C2024C00540:section:21:p5
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 21 (pt 5/6)
Character Range: 73053–75717

On application to the Authority in the approved form, the Authority may, in accordance with the regulations, waive the condition in paragraph (9A)(c) in relation to the discharge into the sea of residue referred to in subsection (8). The Authority must give written notice of a waiver to the applicant. The notice must specify the particular ship, substance in Category Z, and prescribed voyage, for which the condition is waived.

Conditions for the discharge of residue into the sea
 (9A) For the purposes of subsections (4), (5), (5A), (6) and (8), the following conditions must be satisfied in relation to the discharge of any residue into the sea:
 (a) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the ship is self‑propelled; or
 (ii) at least 4 knots, if the ship is not self‑propelled;
 (b) the discharge is made below the ship's waterline through the ship's underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed;
 (c) the discharge is made when the ship is at least 12 nautical miles from the nearest land;
 (d) the discharge is made when the ship is in water at least 25 metres deep.

Discharge of bilge water etc.
 (10) Subsection (1B) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains one or more liquid substances referred to in regulation 6.1.4 of Annex II but does not contain any other liquid substance.
Note: A defendant bears an evidential burden in relation to the matters in subsection (10) (see subsection 13.3(3) of the Criminal Code).

Discharge of clean ballast or segregated ballast
 (11) Subsection (1B) does not apply to the discharge from a ship of clean ballast or segregated ballast.
Note: A defendant bears an evidential burden in relation to the matters in subsection (11) (see subsection 13.3(3) of the Criminal Code).

Subsections (4) to (9) do not apply to a mixture that contains no noxious liquid substance
 (12) Subsections (4) to (9) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance referred to in regulation 6.1.4 of Annex II.

Subsections (4) to (9) do not apply to discharges in Antarctic Area or Arctic waters
 (13) Subsections (4) to (9) do not apply to the discharge from a ship of noxious liquid substances, or mixtures containing noxious liquid substances, in the Antarctic Area or Arctic waters.

Subsections (5) and (6) do not apply to discharges of regulated persistent floaters in certain waters
 (13A)