34Ships to have holding tanks [uncommenced]

34 Ships to have holding tanks [uncommenced] (1) The owner of a new ship, other than a small ship, must ensure that the ship is fitted with a toilet and a holding tank connected to the toilet.

Marine Pollution Act 1999 23 (2) The owner of an existing ship, other than a small ship, must ensure that the ship is fitted with a toilet and a holding tank connected to the toilet. (3) It is a defence to a charge of committing an offence against subsection (2) if the ship was, before the offence occurred, exempted from the application of that subsection. (4) An existing ship may be exempted from subsection (2) if the ship's owner produces to the Chief Executive Officer a certificate, from a ship designer, ship builder or marine surveyor, certifying that the ship: (a) is unsuitable to be fitted with a holding tank; or (b) is fitted with a sewage treatment plant or other device approved by the Chief Executive Officer and the plant or device is fitted in a manner approved by the Chief Executive Officer. (5) The Regulations may prescribe the grounds for certifying that a ship is unsuitable to be fitted with a holding tank.