Document ID: chunk:federal_register_of_legislation:C2017A00040:clause:1_26bcc:p3
Version: federal_register_of_legislation:C2017A00040
Segment Type: clause
Provision Reference: sch 1 cl 26BCC (pt 3/3)
Character Range: 9684–11053

A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.
 (8) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the ship is a category A ship or category B ship operating in areas of ice concentration exceeding 1/10 for extended periods of time;
 (b) the sewage has been treated in a sewage treatment plant on the ship;
 (c) an inspector has certified that the sewage treatment plant meets the requirements of the regulations giving effect to paragraph 1.1 or 2.1 of Regulation 9 of Annex IV to the Convention;
 (d) the discharge has been approved in accordance with the regulations.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of sewage in territorial waters of foreign country
 (9) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the discharge occurs in the territorial waters of a foreign country in accordance with the law of that country.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.