Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26f:p2
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26F (pt 2/2)
Character Range: 51951–54240

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 not apply to the disposal of garbage, being food wastes, from a ship into the sea if;
 (a) the disposal 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
 (b) the conditions referred to in paragraphs (7)(a), (b) and (d) are satisfied.
 (9) Where garbage escapes from a ship into the sea because of damage to the ship or its equipment, subsection (1) does not apply to the disposal of the garbage if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.
 (10) Where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is accidently lost at sea, subsection (1) does not apply to the disposal of the net or material if all reasonable precautions were taken to prevent the loss.
 (11) Without limiting the generality of subsection (5), where;
 (a) garbage is mixed with matter the discharge or disposal 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) to (10) (inclusive),
subsection (1);
 (c) applies to the disposal of the garbage from a ship notwithstanding that the conditions referred to in subsection (6), (7), (8), (9) or (10) are complied with; but
 (d) does not apply to the disposal of the garbage from a ship if those more stringent requirements are complied with.
 (12) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that garbage was disposed of from the ship into the sea, but it is a defence if it is proved that, by virtue of subsection (5), (6), (7), (8), (9), (10) or (11), subsection (1) does not apply in relation to the disposal.
 (13) In this section 'plastics' includes synthetic ropes, synthetic fishing nets and plastic garbage bags.