Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p6
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 6/7)
Character Range: 132576–135227

port of destination are in Arctic waters—there are no reception facilities at those ports that comply with guidelines (as in force from time to time) developed by the International Maritime Organization for the purposes of subparagraph 5.2.1.5.3 of Chapter 5 of Part II‑A of the Polar Code;
 (ga) if the discharge occurs when the ship is within a special area other than the Antarctic Area—the discharge occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land or nearest ice‑shelf;
 (gb) if the discharge occurs when the ship is in the Antarctic Area or Arctic waters—the discharge occurs when the ship is:
 (i) as far as practicable from the nearest land or areas of ice concentration exceeding 1/10; and
 (ii) at a distance of not less than 12 nautical miles from the nearest land, nearest ice‑shelf or nearest fast ice;
 (h) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (8C): see subsection 13.3(3) of the Criminal Code.
Note 2: The guidelines mentioned in paragraphs (8C)(f) and (g) could in 2016 be viewed on the International Maritime Organization website (http://www.imo.org).
 (8D) 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 within a special area or in Arctic waters;
 (b) the discharge occurs when the ship is proceeding en route;
 (c) the garbage is cleaning agents or additives contained in deck wash water or other external surfaces wash water;
 (d) the cleaning agents or additives are not prescribed cleaning agents or additives;
 (e) 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 (8D): see subsection 13.3(3) of the Criminal Code.

Exception—accidental loss of garbage because of damage to a ship or its equipment
 (9) If garbage from a ship is accidentally lost into the sea because of damage to the ship or its equipment, subsection (3) does not apply to the discharge of the garbage if all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the loss.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.

Meaning of damage to a ship or its equipment
 (9A) For the purposes of subsection (9), damage to a ship or to