Document ID: chunk:federal_register_of_legislation:C2022A00078:clause:1_10
Version: federal_register_of_legislation:C2022A00078
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 4707–5843

10  After subsection 21(5)
Insert:

Regulated persistent floaters in Category Y
 (5A) Subject to subsections (12) and (13), if:
 (a) the tank of a ship that held:
 (i) a regulated persistent floater in Category Y; or
 (ii) a mixture containing a regulated persistent floater in Category Y;
  has been:
 (iii) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and
 (iv) washed in accordance with the prewash procedure specified in Appendix VI to Annex II; and
 (b) the resulting residues in the tank have been discharged to a reception facility at the port of unloading until the tank is empty; and
 (c) the residue then remaining in the tank has been subsequently diluted with water;
subsection (1B) does not apply to the discharge from the ship of the water containing that residue, into the North West European waters, the Baltic Sea area, the Western European waters or the Norwegian Sea, if the conditions in subsection (9A) are satisfied.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5A) (see subsection 13.3(3) of the Criminal Code).