Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26f:p1
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26F (pt 1/2)
Character Range: 49657–52189

26F  Prohibition of disposal of garbage into the sea
 (1) Subject to subsections (2) to (11) (inclusive), if any disposal of garbage from a ship into the sea occurs, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding;
 (a) if the offender is a natural person—$50,000; or
 (b) if the offender is a body corporate—$250,000.
 (2) Subsection (1) does not apply in relation to the sea near a State.
 (3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea.
 (4) Subsection (1) does not apply to the disposal of garbage from a foreign ship unless the disposal occurs in the sea near the Jervis Bay Territory or an external Territory.
 (5) Subsection (1) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea.
 (6) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage (being dunnage, lining or packing materials which will float and are not plastics) from a ship into the sea if the following conditions are satisfied:
 (a) the disposal takes place when the ship is not within a special area;
 (b) the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land.
 (7) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage(not being plastics, garbage referred to in subsection (6) or food wastes) from a ship into the sea if the following conditions are satisfied:
 (a) the disposal occurs when the ship is not within a special area;
 (b) the disposal occurs when the ship is as far as practicable from the nearest land;
 (c) except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (d) where the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—when the ship is at a distance of not less than 3 nautical miles from the nearest land.
 (8) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does