Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p4
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 4/7)
Character Range: 127726–130372

discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is animal carcasses;
 (d) the prescribed requirements are satisfied;
 (e) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of cleaning agents or additives outside a special area or Arctic waters
 (8A) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area and not in Arctic waters;
 (b) the garbage is cleaning agents or additives contained in deck wash water or other external surfaces wash water;
 (c) the cleaning agents or additives are not prescribed cleaning agents or additives;
 (d) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of food wastes in a special area or Arctic waters
 (8B) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is within a special area or in Arctic waters;
 (b) the discharge occurs when the ship is proceeding en route;
 (c) the garbage is food wastes;
 (d) the food wastes have been passed through a comminuter or grinder so that the wastes are capable of passing through a screen with no opening greater than 25 millimetres;
 (e) the food wastes have not been contaminated by any other kind of garbage;
 (f) if the discharge occurs when the ship is within a special area other than the Antarctic Area—the discharge 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 nearest ice‑shelf;
 (fa) if the discharge occurs when the ship is in the Antarctic Area or Arctic waters—the discharge occurs when the ship is:
 (i) as far as practicable from the nearest land or areas of ice concentration exceeding 1/10; and
 (ii) at a distance of not less than 12 nautical miles from the nearest land, nearest ice‑shelf or nearest fast ice;
 (fb) if the discharge occurs when the ship is in the Antarctic Area or Arctic waters—the food wastes are not discharged onto ice;
 (g) if the discharge is of introduced avian products (including poultry and poultry