Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p14
Version: federal_register_of_legislation:C2004A04362
Segment Type: other
Provision Reference: 
Character Range: 33447–36291

Act is amended:

    (a)     by omitting "Part" (wherever occurring) and substituting "Division";

  (b)    by adding at the end the following subsection:

      "(2) In this Division:

     'sea' does not include the sea in the Antarctic Area.".

38. After section 26C of the Principal Act the following section is inserted:

Object of Division

"26CA. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage into the sea under Annex IV of the Convention.".

Operation of Division

39. Section 26DA is amended by omitting "Part" and substituting "Division".

Interpretation

40. Section 26E of the Principal Act is amended by adding at the end the following subsection:

"(2) Unless the contrary intention appears, an expression that is used in subsection 26F(8A) and in Annex IV to the Antarctic Protocol (whether or not a particular meaning is given by that Protocol) has, in that subsection, the same meaning as in that Annex.".

41. After section 26E of the Principal Act the following section is inserted:

Object of Part

"26EA. The object of this Part is to give effect to Australia's obligations:

     (a)     regarding the prevention of pollution by garbage from ships under Annex V to the Convention; and

     (b)    regarding the disposal of garbage from ships under Annex IV to the Antarctic Protocol.".

Prohibition of disposal of garbage into the sea

  42. Section 26F of the Principal Act is amended:

    (a)    by inserting in subsection (8) "outside the Antarctic Area" after "sea";

  (b)    by inserting after subsection (8) the following subsection:

     "(8A) Without limiting the generality of subsection (5), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea in the Antarctic Area if:

         (a)     the garbage has been passed through a comminuter or grinder so that it is capable of passing through a screen with no opening wider than 25 millimetres; and

         (b)     the disposal 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 ice shelf.";

  (c) by inserting in subsection (12) ", (8A)" after "(8)".

Application of certain provisions to foreign ships

  43. Section 32 of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

     "(1A) Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of

     a shipboard oil pollution emergency plan on board of Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships:

       (a)     in a port in Australia; or

       (b)     in the territorial sea of Australia; or

         (c)     in the sea on the landward side of