Document ID: chunk:federal_register_of_legislation:C2024C00540:section:9:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 9 (pt 2/4)
Character Range: 20717–23251

result; or
 (b) arose as a result of the negligence of the master, the charterer or the owner of the ship.
 (3A) For the purposes of this section, damage to a ship or to its equipment does not include:
 (a) deterioration resulting from failure to maintain the ship or equipment; or
 (b) defects that develop during the normal operation of the ship or equipment.
 (4) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1B) does not apply to:
 (a) the discharge of oil or an oily mixture from a ship that is not within a special area and not in Arctic waters, if the following conditions are satisfied:
 (i) the ship has a gross tonnage of equal to or greater than 400;
 (ii) the ship is proceeding en route;
 (iii) the oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012;
 (iv) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;
 (v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and
 (b) the discharge of oil or an oily mixture from a ship within a special area other than the Antarctic Area, if the following conditions are satisfied:
 (i) the ship has a gross tonnage of equal to or greater than 400;
 (ii) the ship is proceeding en route;
 (iii) the oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012;
 (iv) the oil content of the effluent without dilution does not exceed 15 parts per 1,000,000 parts;
 (v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and
 (c) the discharge of oil or an oily mixture from a ship that is within an area (other than the Antarctic Area or Arctic waters), if the following conditions are satisfied:
 (i) the ship has a gross tonnage of less than 400;
 (ii) the ship is proceeding en route;
 (iii) the ship has in operation equipment, of a kind that meets the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;
 (iv) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship