Document ID: chunk:federal_register_of_legislation:F2018L00160:body:0:p3
Version: federal_register_of_legislation:F2018L00160
Segment Type: other
Provision Reference: 
Character Range: 5185–7886

3 Garbage record books and management plans

9 Garbage records — foreign ships
       For subsection 32(1) of the Pollution Prevention Act, sections 26FA and 26FB of the Act apply to a foreign ship, as if it were an Australian ship, when it is in:
(a) a port in Australia; or
(b) the territorial sea of Australia; or
(c) the sea on the landward side of the territorial sea of Australia on its way to or from a port in Australia.
Note 1   Section 26FA deals with maintaining a garbage record book. Section 26FB deals with the retention of a garbage record book.
Note 2   Some provisions of the Pollution Prevention Act apply only to Australian ships. Subsection 32(1) of the Act provides that the regulations may provide for these provisions to apply also to foreign ships, if the subject matter is about record books. Most other provisions of the Pollution Prevention Act apply to Australian and foreign ships, including those mentioned in sections 6, 7 and 8 of this Order.

10 Garbage record book — prescribed matters
       (1)For subsection 26FA(3) of the Pollution Prevention Act, the form set out in Appendix II to Annex V is prescribed.
       (2)For subsection 26FA(6) of the Pollution Prevention Act, each of the following operations or occurrences is prescribed:
(a) discharge of garbage to a reception facility ashore or to another ship;
(b) incineration of garbage;
(c) discharge of garbage into the sea in accordance with:
 (i)  regulation 4, 5 or 6 of Annex V; or
 (ii) Chapter 5 of Part II-A of the Polar Code;
(d) accidental or other exceptional discharge or loss of garbage into the sea, including the matters mentioned in regulation 7 of Annex V.

11 Garbage management plans — foreign ships
       For subsection 32(1B) of the Pollution Prevention Act, section 26FC of the Act applies to a foreign ship, as if it were an Australian ship, when it is in:
       (a)      a port in Australia; or
       (b)      the territorial sea of Australia; or
       (c)      the sea on the landward side of the territorial sea of Australia.
Note 1   Section 26FC relates to the keeping of a garbage management plan on board ship.
Note 2   Some provisions of the Pollution Prevention Act apply only to Australian ships. Subsection 32(1B) of the Act provides that the regulations may provide for these provisions to apply also to foreign ships, if the subject matter is about garbage management plans. Most other provisions of the Pollution Prevention Act apply to Australian and foreign ships, including those mentioned in sections 6, 7 and 8 of this Order.

12 Garbage management plan — prescribed matter
       For subsection 26FC(3) of the Pollution Prevention Act, the garbage management plan