Document ID: chunk:federal_register_of_legislation:C2004A04362:section:5:p29
Version: federal_register_of_legislation:C2004A04362
Segment Type: section
Provision Reference: s 5 (pt 29/33)
Character Range: 189376–192163

fixed or floating platforms.

ARTICLE 2

APPLICATION

This Annex applies, with respect to each Party, to ships entitled to fly its flag and to any other ship engaged in or supporting its Antarctic operations, while operating in the Antarctic Treaty area.

ARTICLE 3

DISCHARGE OF OIL

 1.  Any discharge into the sea of oil or oily mixture shall be prohibited, except in cases permitted under Annex I of MARPOL 73/78. While operating in the Antarctic Treaty area, ships shall retain on board all sludge, dirty ballast, tank washing waters and other oily residues and mixtures which may not be discharged into the sea. Ships shall discharge these residues only outside the Antarctic Treaty area, at reception facilities or as otherwise permitted under Annex I of MARPOL 73/78.

 2.  This Article shall not apply to:

     (a) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

      (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the

SCHEDULE 6—continued

      discharge for the purpose of preventing or minimising the discharge; and

      (ii) except if the owner or the Master acted either with intent to cause damage, or recklessly and with the knowledge that damage would probably result; or

    (b) the discharge into the sea of substances containing oil which are being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.

ARTICLE 4

DISCHARGE OF NOXIOUS LIQUID SUBSTANCES

The discharge into the sea of any noxious liquid substance, and any other chemical or other substances, in quantities or concentrations that are harmful to the marine environment, shall be prohibited.

ARTICLE 5

DISPOSAL OF GARBAGE

 1.  The disposal into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets, and plastic garbage bags, shall be prohibited.

 2.  The disposal into the sea of all other garbage, including paper products, rags, glass, metal, bottles, crockery, incineration ash, dunnage, lining and packing materials, shall be prohibited.

 3.  The disposal into the sea of food wastes may be permitted when they have been passed through a comminuter or grinder, provided that such disposal shall, except in cases permitted under Annex V of MARPOL 73/78, be made as far as practicable from land and ice shelves but in any case not less than 12 nautical miles from the nearest land or ice shelf. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimeters.

 4.  When a substance or material covered by this article is mixed with other such substance or material for discharge or disposal, having different