Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p5
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 5/7)
Character Range: 130136–132834

or nearest fast ice;
 (fb) if the discharge occurs when the ship is in the Antarctic Area or Arctic waters—the food wastes are not discharged onto ice;
 (g) if the discharge is of introduced avian products (including poultry and poultry parts) in the Antarctic Area—those products have been treated to be made sterile.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8B): see subsection 13.3(3) of the Criminal Code.

Exceptions—discharge of cargo residues, cleaning agents or additives in a special area or Arctic waters
 (8C) 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) either:
 (i) the garbage is cargo residues that are contained in cargo hold wash water, that cannot be recovered using commonly available methods for unloading and that do not contain any prescribed substances; or
 (ii) the garbage is cleaning agents or additives contained in cargo hold wash water and the cleaning agents or additives are not prescribed cleaning agents or additives;
 (ca) if the garbage is cargo residues that are contained in cargo hold wash water and that are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:
 (i) the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and
 (ii) the solid bulk cargoes are not harmful to the marine environment;
 (d) both the port of departure and the next port of destination are either within the special area or in Arctic waters;
 (e) the ship's voyage plan (however described), as in force immediately before the start of the ship's voyage, does not show the ship transiting outside the special area or Arctic waters (as the case may be) between the port of departure and the next port of destination;
 (f) if both the port of departure and the next port of destination are within the special area—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 1.2.5 of Regulation 6 of Annex V to the Convention;
 (g) if both the port of departure and the next 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