Document ID: chunk:federal_register_of_legislation:C2006A00138:clause:2_13:p1
Version: federal_register_of_legislation:C2006A00138
Segment Type: clause
Provision Reference: sch 2 cl 13 (pt 1/4)
Character Range: 8367–11033

13  Subsections 21(4) to (15)
Repeal the subsections, substitute:

Substance in Category X

 (4) Subject to subsection (12), if:
 (a) the tank of a ship that held a substance in Category X or a mixture containing a substance in Category X has been:
 (i) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and
 (ii) washed in accordance with regulations made for the purposes of section 26; and
 (b) the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in regulation 13.6.1 of Annex II and 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 if the following conditions are satisfied:
 (d) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the ship is self‑propelled; or
 (ii) at least 4 knots, if the ship is not self‑propelled;
 (e) the discharge is made below the ship's waterline through the ship's underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed;
 (f) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

High‑viscosity or solidifying substance in Category Y

 (5) Subject to subsection (12), if:
 (a) the tank of a ship that held:
 (i) a high‑viscosity or solidifying substance in Category Y; or
 (ii) a mixture containing a high‑viscosity or solidifying substance in Category Y (except a mixture containing a substance in Category X);
  has been:
 (iii) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and
 (iv) washed in accordance with regulations made for the purposes of section 26; and
 (b) the resulting residues in the tank have been discharged to a reception facility 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 into the sea of the water containing that residue if the following conditions are satisfied:
 (d) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the