Document ID: chunk:federal_register_of_legislation:C2006A00138:clause:2_13:p3
Version: federal_register_of_legislation:C2006A00138
Segment Type: clause
Provision Reference: sch 2 cl 13 (pt 3/4)
Character Range: 13177–15787

been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;
subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:
 (d) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the ship is self‑propelled; or
 (ii) at least 4 knots, if the ship is not self‑propelled;
 (e) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Substances in Category Z—ship constructed on or after 1 January 2007

 (8) Subject to subsection (12), if:
 (a) a ship is constructed on or after 1 January 2007; and
 (b) the ship's tank held a substance in Category Z or a mixture containing a substance in Category Z; and
 (c) the tank has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;
subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:
 (d) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the ship is self‑propelled; or
 (ii) at least 4 knots, if the ship is not self‑propelled;
 (e) the discharge is made below the ship's waterline through the ship's underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed;
 (f) the discharge is made when the ship is at least 12 nautical miles from the nearest land;
 (g) the discharge is made when the ship is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (8) (see subsection 13.3(3) of the Criminal Code).

 (9) On application to the Authority in the approved form, the Authority may, in accordance with the regulations, waive the condition in paragraph (8)(f). The Authority must give written notice of a waiver to the applicant. The notice must specify the particular ship, substance in Category Z, and prescribed voyage, for which the condition is waived.

Discharge of bilge water etc.

 (10) Subsection (1B) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains one or more liquid substances referred to in regulation 6.1.4 of Annex