Document ID: chunk:federal_register_of_legislation:C2017A00040:clause:1_26bcc:p2
Version: federal_register_of_legislation:C2017A00040
Segment Type: clause
Provision Reference: sch 1 cl 26BCC (pt 2/3)
Character Range: 7261–9925

to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of comminuted and disinfected sewage etc.
 (6) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the ship is not a category A ship, category B ship or passenger ship constructed on or after 1 January 2017;
 (b) if the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to paragraph 1.2 of Regulation 9 of Annex IV to the Convention—the discharge is made when the ship is:
 (i) as far as practicable from areas of ice concentration exceeding 1/10; and
 (ii) at a distance of more than 3 nautical miles from the nearest land, any ice‑shelf or fast ice;
 (c) if the sewage has not been comminuted or disinfected using such a system—the discharge is made when the ship is:
 (i) as far as practicable from areas of ice concentration exceeding 1/10; and
 (ii) at a distance of more than 12 nautical miles from the nearest land, any ice‑shelf or fast ice;
 (d) if the sewage has been stored in a holding tank or originates from spaces containing living animals—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots.
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 sewage treated in sewage treatment plant
 (7) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the sewage has been treated in a sewage treatment plant on the ship;
 (b) an inspector has certified that the sewage treatment plant meets the requirements of the regulations giving effect to paragraph 1.1 or 2.1 of Regulation 9 of Annex IV to the Convention;
 (c) the discharge is made when the ship is as far as practicable from the nearest land, any ice‑shelf, fast ice or areas of ice concentration exceeding 1/10;
 (d) the effluent does not produce visible floating solids in the Antarctic Area or Arctic waters and does not cause discolouration in the Antarctic Area or Arctic waters.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.
 (8) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of