Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26d:p2
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26D (pt 2/2)
Character Range: 47250–49383

less than 4 knots.
 (7) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the sewage has been treated in a sewage treatment plant on the ship, being a plant;
 (i) that an inspector has certified meets the requirements of the regulations giving effect to Regulation 3 of Annex IV to the Convention; and
 (ii) the test results of which are laid down in the ship's sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act 1912; and
 (b) the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea.
 (8) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage if the discharge is made into the territorial waters of a foreign country in accordance with the law of that country.
 (9) Without limiting the generality of subsection (5), where;
 (a) sewage consists in whole or in part of, or is mixed with, wastes, or waste water, the discharge of which from a ship into the sea is prohibited under another Part unless certain conditions are complied with; and
 (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (6), (7) and (8), subsection (1);
 (c) applies to the discharge of the sewage from a ship notwithstanding that the conditions referred to in subsection (6), (7) or (8) are complied with; but
 (d) does not apply to the discharge of the sewage from a ship if those more stringent requirements are complied with.
 (10) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5), (6), (7), (8) or (9), subsection (1) does not apply in relation to the discharge.

Part IIIC—Prevention of Pollution by Garbage