Part 3Pollution by noxious substances

Part 3—Pollution by noxious substances 14—Interpretation Annex II means Annex II to the Convention; liquid substance does not include oil; mixture includes ballast water, tank washings and other residues; oil has the same meaning as it has in Part 2. (2) Except insofar as the contrary intention appears, an expression that is used in this Part and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 15—Application of Act to mixture of oil and liquid substance Where a mixture contains oil and a liquid substance or oil and liquid substances, Part 2 and this Part apply in relation to the mixture. 16—Categories of noxious liquid substances (1) The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be designated in Appendix II to Annex II and to be categorised in a category specified in the regulations, being Category A, B, C or D. (2) Where, in accordance with subsection (1), the regulations declare that a liquid substance is deemed to be designated in Appendix II to Annex II and to be categorised in Category A, the regulations shall declare that, for the purposes of this Act— (a) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix; and (b) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix. (3) The regulations may declare that a liquid substance designated in Appendix II to Annex II is, for the purposes of this Act, deemed not to be so designated. (4) The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorised in a particular category is, for the purposes of this Act, deemed not to be so categorised but to be categorised in a category specified in the regulations. 17—Appendix III substances (1) The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be listed in Appendix III to Annex II. (2) The regulations may declare that a liquid substance listed in Appendix III to Annex II is, for the purposes of this Act, deemed not to be so listed. 18—Prohibition of discharge of substances into State waters (1) Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence. (2) Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship— (a) for the purpose of securing the safety of a ship or saving life at sea; or (b) if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional, reckless or negligent damage, to the ship or its equipment, and 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 substance or the mixture, as the case may be; or (c) if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer. (3) For the purposes of subsection (2)(b), damage to a ship or to its equipment will be taken to be— (a) intentional damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted with intent to cause the damage; (b) reckless damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted recklessly and with knowledge that damage would probably result; (c) negligent damage if the damage arose from a negligent act or omission on the part of the master or owner of the ship or an employee or agent of the master or owner. (4) Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where— (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 24; 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 column III of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water, subsection (1) 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 not within a special area; and (e) the discharge is made when the ship is proceeding en route at a speed of— (f) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (5) Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), where— (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 24; and (b) the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area 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 column IV of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water of not less than 5 per cent of the total volume of the tank, subsection (1) does not apply to the discharge into State waters of the residue diluted by that water if the conditions specified in paragraphs (e), (f) and (g) of subsection (4) are satisfied in relation to the discharge from the ship. (6) Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category B; or (b) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of— (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (7) Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where— (a) the tank of a ship that held— (i) a substance in Category B; or (ii) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, has been pre-washed in accordance with a procedure approved by a prescribed officer; and (b) the resulting tank washings have been discharged to a reception facility, subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in paragraphs (d), (e), (g) and (h) of subsection (6) are satisfied in relation to the discharge from the ship. (8) Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of— (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 cubic metres or 1 part in 1 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (9) Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, (c) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; (d) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the Ship does not exceed 1 part in 1 000 000 parts; and (e) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (f) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (10) Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category D; or (b) a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C, (c) the discharge is made when the ship is proceeding en route at a speed of— (d) the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts; and (e) the discharge occurs when the ship is not less than 12 nautical miles from the nearest land. (11) Without limiting the generality of subsection (2), subsection (1) 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 a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance. (12) Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast. (13) Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II. (14) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge. (15) In this section— inspector includes a surveyor appointed or authorised by the Government of a country that is a Party to the Convention for the purpose of implementing Regulation 8 of Annex II. 19—Certain liquid substances to be treated as oil (1) Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organisation as an oil-like substance under criteria developed by the Organisation, may be carried on an oil tanker within the meaning of Part 2 if the following conditions are satisfied: (a) the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; and (b) the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement— (i) that indicates that the ship is permitted to carry oil-like substances in conformity with Regulation 14 of Annex II of the Convention; and (ii) that specifies the oil-like substance or substances that the tanker is permitted to carry; and (c) the prescribed substance is the substance, or a substance, referred to in paragraph (b)(ii); and (d) in the case of a substance in Category C—the tanker complies with the ship type 3 damage stability requirements of— (i) in the case of a tanker constructed on or after 1 July 1986—the International Bulk Chemical Code; or (ii) in the case of a tanker constructed before 1 July 1986—the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention; and (e) the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil-like substances to be carried. (2) Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part 2— (a) section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2; and (b) section 18 does not apply in relation to the discharge of the substance. 21—Cargo record book (1) This section applies to a trading ship proceeding on an intra-state voyage that carries liquid substance in bulk. (2) A cargo record book shall be carried in every ship to which this section applies. (3) A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it. (4) Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence. (5) Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in the ship's cargo record book, being entries in accordance with subsection (7). (6) Where an inspector has inspected a ship to which this section applies, the inspector must make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7). (7) An entry in a ship's cargo record book— (a) must be made in the English language; and (b) in the case of an entry made in relation to a prescribed operation, must be signed by the officer or other person in charge of the operation. (8) Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page. 22—False entries in cargo record book A person shall not make, in a cargo record book of a ship to which section 21 applies, an entry that is false or misleading in a material particular. 23—Cargo record book to be retained (1) A cargo record book of a ship to which section 21 applies shall be retained in the ship until the expiration of a period of two years after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times. (2) Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence. (3) The owner of a ship to which section 21 applies shall cause each of the ship's cargo record books to be retained— (a) in the ship; or (b) at the registered office in the State of the owner, until the expiration of the period of one year next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times. (4) Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence. (5) The owner of a ship to which section 21 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of— (a) the place in the State at which the person so resides; or (b) the office of the person in the State or, if the person has more than one office in the State, the principal office in the State; or (c) the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent, and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3). (6) Where the owner of a ship to which section 21 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (3), deemed to be retained at the registered office in the State of the owner. 24—Cleaning of tanks of ships The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II. Part 3AA—Prevention of pollution by packaged harmful substances 24AA—Interpretation Annex III means Annex III to the Convention. (2) Unless the contrary intention appears, an expression that is used in this Part and in Annex III (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 24AAB—Prohibition of discharge of harmful substances into State waters (1) Subject to subsection (3), if a discharge of a harmful substance carried as cargo in packaged form occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence. (2) Subsection (1) does not apply— (a) to the discharge of a harmful substance from a ship for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea; or (b) where a harmful substance is washed overboard from a ship— (i) in accordance with regulations or orders made pursuant to regulations; or (ii) in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship. (3) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), subsection (1) does not apply in relation to the discharge. Part 3AAB—Prevention of pollution by garbage 24AAC—Interpretation Annex V means Annex V to the Convention. (2) Unless the contrary intention appears, an expression that is used in this Part and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 24AAD—Prohibition of disposal of garbage into State waters (1) Subject to this section, if any disposal of garbage occurs (whether intentional or not) from a ship into State waters, the master and the owner of the ship are each guilty of an offence. (2) Subsection (1) does not apply to— (a) the disposal of garbage from a ship for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea; or (b) the escape of garbage from a ship in consequence of damage to the ship or its equipment, if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage; or (c) the accidental loss of a synthetic fishing net, or synthetic material used in the repair of such a net, if all reasonable precautions were taken to prevent the loss; or (d) the disposal from a ship of dunnage, lining or packing materials that will float and are not plastics if the ship— (i) is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land; and (ii) is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources; or (e) the disposal from a ship of garbage other than plastics, garbage referred to in paragraph (d) or food wastes if the ship— (i) is as far as practicable from the nearest land; and (ii) is at a distance of— (A) not less than 12 nautical miles from the nearest land; or (B) if the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—not less than 3 nautical miles from the nearest land; and (iii) is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (d)(ii); or (f) the disposal of food wastes from a ship if— (i) the ship— (A) is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land; and (B) is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (d)(ii); or (ii) the conditions referred to in subparagraphs (i) and (ii)(B) of paragraph (e) are satisfied. (3) However, where— (a) garbage is mixed with matter the discharge or disposal of which from a ship into State waters is prohibited under another Part unless certain conditions are complied with; and (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsection (2), subsection (1)— (c) applies to the disposal of the garbage from a ship despite the fact that the conditions referred to in subsection (2) have been complied with; but (d) does not apply to the disposal of the garbage from a ship if those more stringent requirements were complied with. (4) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that garbage was disposed of from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (3), subsection (1) does not apply in relation to the disposal. plastics includes synthetic ropes, synthetic fishing nets, plastic garbage bags and plastic or synthetic strapping.