Division 332 Defence if discharge was caused by damage to ship or equipment
(Reg 3.1.2 of Annex II of MARPOL) (cf former Act s 18 (2) (b) and (3))
Division 2 does not apply to the discharge of a noxious liquid substance from a ship if:(a) the noxious liquid substance escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and(b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the noxious liquid substance.
33 Defence if discharge was to secure safety or save life
(Reg 3.1.1 of Annex II of MARPOL) (cf former Act s 18 (2) (a))
Division 2 does not apply to the discharge of a noxious liquid substance from a ship for the purpose of securing the safety of a ship or saving life at sea.
34 Defence if discharge was for purpose of combating pollution
(Reg 3.1.3 of Annex II of MARPOL) (cf former Act s 18 (2) (c))
Division 2 does not apply to the discharge of a noxious liquid substance from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.
35 Defence for discharge of certain Category X substances
(Regs 13.2.1 and 13.6.1 of Annex II of MARPOL)
(1) Division 2 does not apply to the discharge of water containing a prescribed residue from a ship if:(a) the discharge of the water containing that residue occurs 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, and(b) the discharge occurs 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, and(c) the discharge occurs when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.(2) This section does not apply in relation to a mixture that contains a liquid substance that is neither:(a) a noxious liquid substance, nor(b) a liquid substance referred to in Regulation 6.1.3 of Annex II of MARPOL.(3) In this section:inspector includes a surveyor appointed or authorised by the Government of a country that is a party to MARPOL for the purpose of implementing Regulation 16 of Annex II of MARPOL.
prescribed residue means a residue remaining after:
(a) the tank of a ship that held a noxious liquid substance categorised as Category X under Regulation 6 of Annex II of MARPOL, or a mixture containing such a substance, has been:(i) emptied to the maximum extent in accordance with procedures in the ship’s procedures and arrangements manual, and(ii) cleaned in accordance with regulations made for the purposes of section 42, 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 of MARPOL and until the tank is empty, and(c) the residue remaining in the tank has been subsequently diluted with water.
36 Defence for discharge of certain high-viscosity or solidifying substances in Category Y
(Regs 13.2.1 and 13.7.1 of Annex II of MARPOL)
(1) Division 2 does not apply to the discharge of water containing a prescribed residue into State waters from a ship if:(a) the discharge occurs 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, and(b) the discharge occurs 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, and(c) the discharge occurs when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.(2) This section does not apply in relation to a mixture that contains a liquid substance that is neither:(a) a noxious liquid substance, nor(b) a liquid substance referred to in Regulation 6.1.4 of Annex II of MARPOL.(3) In this section:prescribed residue means a residue remaining after:
(a) the tank of a ship that held:(i) a high-viscosity or solidifying substance that is a noxious liquid substance categorised as Category Y under Regulation 6 of Annex II of MARPOL, or(ii) a mixture containing a high-viscosity or solidifying substance that is a noxious liquid substance categorised as Category Y under Regulation 6 of Annex II of MARPOL (except a mixture containing a noxious liquid substance categorised as Category X under Regulation 6 of Annex II of MARPOL),has been:
(iii) emptied to the maximum extent in accordance with procedures in the ship’s procedures and arrangements manual, and(iv) washed in accordance with regulations made for the purposes of section 42, 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.
37 Defence for discharge of certain other Category Y substances
(Regs 13.2.1 and 13.7.1 of Annex II of MARPOL)
(1) Division 2 does not apply to the discharge into State waters from a ship of any residue of a prescribed discharge that has been emptied to the maximum extent in accordance with the procedures in the ship’s procedures and arrangements manual, if:(a) the discharge occurs 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, and(b) the discharge occurs 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, and(c) the discharge occurs when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.(2) This section does not apply in relation to a mixture that contains a liquid substance that is neither:(a) a noxious liquid substance, nor(b) a liquid substance referred to in Regulation 6.1.4 of Annex II of MARPOL.(3) In this section:prescribed discharge means:
(a) a noxious liquid substance categorised as Category Y under Regulation 6 of Annex II of MARPOL that is not a high-viscosity or solidifying substance, or(b) a mixture containing a noxious liquid substance categorised as Category Y under Regulation 6 of Annex II of MARPOL that is not a high-viscosity or solidifying substance (except a mixture containing a high-viscosity or solidifying substance that is a noxious liquid substance categorised as Category X under Regulation 6 of Annex II of MARPOL).
38 Defence for discharge of Category Z substances from ships constructed before 1 January 2007
(Regs 13.2.1 and 13.2.2 of Annex II of MARPOL)
(1) Division 2 does not apply to the discharge into State waters of any residue of a noxious liquid substance categorised as Category Z under Regulation 6 of Annex II of MARPOL, or a mixture containing such a substance, if:(a) the discharge is from a ship that was constructed before 1 January 2007, and(b) the tank of the ship, which held the substance or mixture, has been emptied to the maximum extent in accordance with the procedures in the ship’s procedures and arrangements manual, and(c) the discharge occurs 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, and(d) the discharge occurs when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.(2) This section does not apply in relation to a mixture that contains a liquid substance that is neither:(a) a noxious liquid substance, nor(b) a liquid substance referred to in Regulation 6.1.4 of Annex II of MARPOL.
39 Defence for discharge of Category Z substances from ships constructed on or after 1 January 2007
(Regs 13.2.1 and 13.2.3 of Annex II of MARPOL)
(1) Division 2 does not apply to the discharge into State waters of any residue of a noxious liquid substance categorised as Category Z under Regulation 6 of Annex II of MARPOL, or a mixture containing such a substance, if:(a) the discharge is from a ship that was constructed on or after 1 January 2007, and(b) the tank of the ship, which held the substance or mixture, has been emptied to the maximum extent in accordance with the procedures in the ship’s procedures and arrangements manual, and(c) the discharge occurs 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, and(d) the discharge occurs 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, and(e) the discharge occurs when the ship is at least 12 nautical miles from the nearest land and the Minister has not waived that requirement under subsection (3), and(f) the discharge occurs when the ship is in water at least 25 metres deep.(2) The master or owner of a ship may make an application to the Minister, in the form approved by the Minister, for the Minister to waive the requirement in subsection (1) (e).(3) The Minister may, in accordance with the regulations, waive the requirement.(4) The Minister must give written notice of a waiver to the applicant. The notice must specify the particular ship, noxious liquid substance categorised as Category Z under Regulation 6 of Annex II of MARPOL and voyage, for which the condition is waived.(5) This section does not apply in relation to a mixture that contains a liquid substance that is neither:(a) a noxious liquid substance, nor(b) a liquid substance referred to in Regulation 6.1.4 of Annex II of MARPOL.
40 Defence for discharge of bilge water
(Reg 6.1.4 of Annex II of MARPOL) (cf former Act s 18 (11))
Division 2 does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains one or more noxious liquid substances referred to in Regulation 6.1.4 of Annex II of MARPOL but does not contain any other noxious liquid substance.
41 Defence for discharge of clean ballast or segregated ballast
(Reg 13.7.2.3 of Annex II of MARPOL) (cf former Act s 18 (12))
(1) Division 2 does not apply to the discharge from a ship of clean ballast or segregated ballast.(2) In this section, clean ballast and segregated ballast have the same meaning as in Annex II of MARPOL.