Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_31:p3
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 31 (pt 3/4)
Character Range: 15680–18215

the matter in subsection (8B): see subsection 13.3(3) of the Criminal Code.

Exceptions—discharge of cargo residues, cleaning agents or additives in a special area
 (8C) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is within a special area;
 (b) the discharge occurs when the ship is proceeding en route;
 (c) either:
 (i) the garbage is cargo residues that are contained in cargo hold wash water, that cannot be recovered using commonly available methods for unloading and that do not contain any prescribed substances; or
 (ii) the garbage is cleaning agents or additives contained in cargo hold wash water and the cleaning agents or additives are not prescribed cleaning agents or additives;
 (d) the port of departure and the next port of destination are within the special area;
 (e) the ship's voyage plan (however described), as in force immediately before the start of the ship's voyage, does not show the ship transiting outside the special area between the port of departure and the next port of destination;
 (f) at the port of departure and the next port of destination there are no reception facilities that comply with guidelines (as in force from time to time) developed by the International Maritime Organization for the purposes of subparagraph 1.2.3 of Regulation 6 of Annex V to the Convention;
 (g) the discharge occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land or iceshelf;
 (h) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8C): see subsection 13.3(3) of the Criminal Code.
 (8D) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is within a special area;
 (b) the discharge occurs when the ship is proceeding en route;
 (c) the garbage is cleaning agents or additives contained in deck wash water or other external surfaces wash water;
 (d) the cleaning agents or additives are not prescribed cleaning agents or additives;
 (e) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8D): see subsection 13.3(3) of the Criminal Code.