Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p13
Version: federal_register_of_legislation:C2004A04362
Segment Type: other
Provision Reference: 
Character Range: 31053–33719

wagon".

36.     After section 26B of the Principal Act the following Division and heading are inserted in Part IIIB:

"Division 1—Discharge of sewage in the Antarctic Area

Interpretation

"26BA. Unless the contrary intention appears, an expression that is used in this Division and in Annex IV of the Antarctic Protocol (whether or not a particular meaning is given to it by that Annex) has, in this Division, the same meaning as in that Annex.

Object of Division

"26BB. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage in the Antarctic Area under Annex IV of the Antarctic Protocol.

Prohibition of discharge of sewage

"26BC.(1) Subject to subsections (2) to (4) (inclusive), if any discharge of untreated sewage occurs from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area, the master of the ship and the owner of the ship are each guilty

of an offence punishable, upon conviction, by a fine not exceeding $200,000.

"(2) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Australian Antarctic Territory.

"(3) Subsection (1) does not apply if the sewage was discharged for the purpose of:

     (a)     securing the safety of the ship and persons on board the ship; or

   (b)     saving life at sea.

"(4) Without limiting the generality of subsection (3), subsection (1) does not apply to the discharge of sewage from a ship if:

   (a)     the sewage was stored in a holding tank; and

     (b)     the sewage is not discharged instantaneously but is discharged from the holding tank at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots; and

     (c)     the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land or ice shelf.

"(5) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into the sea in the Antarctic Area, but it is a defence if it is proved that, because of subsection (2), (3) or (4), subsection (1) does not apply in relation to the discharge.

"Division 2—Discharge of sewage in other sea areas".

Interpretation

  37. Section 26C of the Principal 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