Commonwealth Consolidated Acts Commonwealth Consolidated ActsExcept in so far as the contrary intent ion appears, an expression that is used in this Part and in Annex IV to t he Convention (whether or not a particular meaning is assigned to it by tha t Annex) has, in this Part, the same meaning as in that Annex.
26D Prohibition of d ischarge of sewage into the sea
(1) Subject to subsection s (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 re lation to the sea near a State.
(3) Subsection (1) does not apply in rela tion 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 t o paragraphs ( 1) (a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Conv ention 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 sh ip 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 re asonable precautions were taken before and after the occurrence of the damage for the purpo se of preventing or minimi sing the escape of the sewage.
(6) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not a pply to the discharge of sewage from a ship if the foll owing 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 -- th e discharge is made when the ship is a t a distance of not less than 4 nautic al miles from the nearest land;
(b) where the sewage is not sewage r eferred to in paragraph ( a) -- the discharge is made when the ship is at a distance of not less than 12 nautic al miles from the nearest land;
(c) where the sewage has been stored in holding tanks -- t he sewage is not discharged instantaneously but is discharge d at a prescribed rate when the ship is proceeding en route at a s peed of not less than 4 knots.
(7) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not a pply to the discharge of sewage from a ship if the foll owing conditions are satisfied:
(a) the sewage has been treated in a sewage treatment pl ant on the s hip, being a plant ;
(i) that an inspector has certifie d meets the requirements of the regulations giving effect to Regulation 3 of Annex IV to the Convention; and
(ii) the test results of which are laid down in the ship ' s sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act 1912 ; and
(b) the effluent does not produce visible f loating solids in the waters of the sea and does not cause discoloura tion of the waters of the sea.
(8) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not appl y to the discharge of sewage if the discharge is made into the territorial waters of a foreign country in accordance with the law of that country.
(9) Without limiting the genera lity of subsection (5), where ;
(a) sewage consists in whole or in part o f, or is mixed with, wastes, or waste water, the discharge of which from a ship into the sea is prohibited under another Part unless certain co nditions are complied with; and
(b) the conditions referred to in paragraph ( a) are more stringent than the conditions referred to in subsection s (6) , (7) and (8), subsection (1) ;
(c) applies to the discharge of the sewage f rom a ship notwithstanding that the conditions referred to in subsection (6), (7) or (8) are complied with; but
(d) does not apply to the discharge of the s ewage from a ship if those more stringent r equirements are complied with.
(10) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecu tion to allege and prove that a discharge of sewage occurred from the ship in to the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5), (6), (7), (8) or (9), subsection (1) does not apply in relation to the discharge.
Except in so far as the contrary intent ion appears, an expression that is used in this Part and in Annex V to t he Convention (whether or not a particular meaning is assigned to it by tha t Annex) has, in this Part, the same meaning as in that An nex.
26F Prohibition of d isposal of garbage into the sea
(1) Subject to subsection s (2) to (1 1) (inclusive), if any disposal of garbage from a ship into the sea occurs, 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 re lation to the sea near a State.
(3) Subsection (1) does not apply in rela tion 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 Regulations 3, 5 and 6 of An nex V to the Conv ention in relation to that sea.
(4) Subsection (1) does not apply to the disposal of garbage from a foreign ship unless the disposal occurs in the sea near the Jervis Bay Terr itory or an external Territory.
(5) Subsection (1) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of th e ship and the persons on board the ship or of saving life at sea.
(6) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not a pply to the disposal of garbage (being dunnage, lining or packing materia ls which will float and are not plastics) from a ship into the sea if the foll owing conditions are satisfied:
(a) the disposal takes place when the ship is not within a special area;
(b) the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautica l miles from, the nearest land.
(7) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not a pply to the disposal of garbage (not being plastics, garbage referred to in subsection (6) or food wastes) from a ship into the sea if the foll owing conditions are satisfied:
(a) the disposal occurs when the shi p is not within a special area;
(b) the disposal occurs when the ship is as far as pra cticable from the nearest land;
(c) except where paragraph ( d) applies -- t he ship is at a distance of not less than 12 nautic al miles from the nearest land;
(d) where the garbage is passed through a c omminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres -- when the ship is at a distance of not less than 3 nautica l miles from the nearest land.
(8) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not ap ply 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 m iles from, the nearest land; or
(b) the condition s referred to in paragraphs ( 7) (a), ( b) and (d) are satisfied.
(9) Where garbage escapes from a ship into t he sea because of damage to the ship or its equipment, subsection (1) does n ot 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 minimis ing the escape of the garbage.
(10) Where a synthetic fishing net, or synth etic material used in the repair of such a net, on a ship is accident ly lost at sea, subsection (1) does not apply to the disposal of the ne t or material if all reasonable precautions w ere taken to prevent the loss.
(11) Without limiting the genera lity 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 co nditions are complied with; and
(b) the conditions referred to in paragraph ( a) are more stringent than the conditions referred to in subsection s (6) to (10) (inclusive),
subsection (1) ;
(c) applies to the disposal of the garbage f rom 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 ga rbage from a ship if those more stringent r equirements are complied with.
(12) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution t o allege and prove that garbage was disposed of from the ship into the se a, 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 app ly in relation to the disposal.
(13) In this section ' plastics ' includes synthetic ropes, synthetic fishing net s and plastic garbage bags.