Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26d:p1
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26D (pt 1/2)
Character Range: 44951–47486

26D  Prohibition of discharge of sewage into the sea
 (1) Subject to subsections (2) to (9) (inclusive), if any discharge of sewage occurs from a ship into the sea, 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 paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea.
 (4) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Territory or an external Territory.
 (5) Subsection (1) does not apply to the discharge of sewage from a ship;
 (a) for the purpose of securing the safety of a ship and persons on board the ship or of saving life at sea; or
 (b) in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.
 (6) 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) where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to Regulation 3 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 4 nautical miles from the nearest land;
 (b) where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (c) where the sewage has been stored in holding tanks—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not 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