Document ID: chunk:federal_register_of_legislation:C2019A00123:clause:1_26fega:p1
Version: federal_register_of_legislation:C2019A00123
Segment Type: clause
Provision Reference: sch 1 cl 26FEGA (pt 1/2)
Character Range: 4481–7219

26FEGA  Using fuel oil—exceptions

Exception for ships with Annex VI approved equivalents
 (1) Subsection 26FEG(1) or (2) does not apply to using fuel oil on board a ship as fuel if the following requirements are satisfied:
 (a) the fuel oil is used while an Annex VI approved equivalent is operating on the ship;
 (b) if the regulations prescribe, for the purposes of this paragraph, requirements in relation to the operation of the Annex VI approved equivalent—the Annex VI approved equivalent is operating in accordance with those requirements;
 (c) if the regulations prescribe, for the purposes of this paragraph, requirements in relation to the discharge of waste streams arising from the operation of the Annex VI approved equivalent—the waste streams are discharged in accordance with those requirements.
Note: For Annex VI approved equivalent, see section 26FEKA.

Exceptions for emergencies
 (3) Subsection 26FEG(2) does not apply if:
 (a) the matters mentioned in that subsection occur as a result of securing the safety of a ship or saving life at sea; or
 (b) the requirements of subsection (1) or (7) of this section are not satisfied, but it is likely that those requirements would have been satisfied were it not for conduct engaged in for the purpose of securing the safety of a ship or saving life at sea.
 (4) Subsection 26FEG(2) does not apply in relation to a ship if:
 (a) either:
 (i) the matters mentioned in that subsection occur as a result of unintentional damage to the ship or its equipment; or
 (ii) the requirements of subsection (1) of this section are not satisfied, but it is likely that those requirements would have been satisfied were it not for unintentional damage to the ship or its equipment; and
 (b) if the regulations prescribe, for the purposes of this paragraph, a level of total emission of sulphur oxides:
 (i) after the occurrence of the unintentional damage, the total emission of sulphur oxides from the ship does not exceed that level; or
 (ii) after the occurrence of the unintentional damage, all reasonable precautions are taken to prevent the total emission of sulphur oxides from exceeding that level, or to minimise the total emission of sulphur oxides; or
 (iii) if the discovery that the total emission exceeds that limit occurs before the discovery of the unintentional damage—after the discovery of that total emission, all reasonable precautions are taken to prevent the total emission of sulphur oxides from exceeding that level, or to minimise the total emission of sulphur oxides.
 (5) For the purposes of subsection (4), damage to a ship or to its equipment is not unintentional if the damage arose:
 (a) in circumstances where the master or owner of the ship:
 (i) acted