15Application of Division

15 Application of Division

(1)  In this Division –

transfer means a transfer of oil cargo between two oil tankers to which this Division applies.

(2)  This Division applies to an oil tanker if –

(a) the oil tanker has a gross tonnage of 150 tonnes or more; and

(b) the oil tanker is engaged in a transfer; and

(c) the transfer occurs while the oil tanker is in State waters; and

(d) the transfer is not in accordance with transfers described in regulation 40.2, 40.3, 40.4 or 40.5 of Annex I to the Convention.

(3)  In any proceedings for an offence under this Division, a charge for the offence is taken, in the absence of evidence to the contrary, to mean that the transfer is not in accordance with those transfers described in regulation 40.2, 40.3, 40.4 or 40.5 of Annex I to the Convention.