Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p4
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 4/13)
Character Range: 172237–174859

ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.".

SCHEDULE 1—continued

Sub-section 9 (4)—
Omit the sub-section, substitute the following sub-section:
"(4) Without limiting the generality of sub-section (2) but subject to sub-section (5), sub-section (1) does not apply to—
     (a) the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied:
         (i) the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land;
         (ii) the oil tanker is proceeding en route;
         (iii) the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;
         (iv) the total quantity of oil discharged into the sea does not exceed—
             (a) in the case of an oil tanker that is an existing tanker—one part in 15,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or
             (b) in the case of an oil tanker that is a new tanker—one part in 30,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;
         (v) the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made by virtue of section 267a of the Navigation Act 1912;
     (b) the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied:
         (i) the ship is not within a special area and is more than 12 nautical miles from the nearest land;
         (ii) the ship is proceeding en route;
         (iii) the oil content of the effluent is less than 100 parts in 1,000,000 parts;
         (iv) the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering equipment or other installation as required by regulations made by virtue of section 267a of the Navigation Act 1912;
     (c) the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge;
     (d) the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the