sec.53Disposal of cargo residues

sec.53 Disposal of cargo residues

This section applies to garbage that is cargo residue. A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is proceeding en route; and the ship is as far as practicable, and at least 12n miles, from the nearest land; and the garbage cannot be recovered using commonly available methods for unloading; and the garbage is classified as not harmful to the marine environment. For subsection (2) (c) , the garbage is classified as not harmful to the marine environment if— for garbage that is residue from solid bulk cargo—the ship’s master has been given a declaration, under the IMSBC Code, stating the solid bulk cargo relating to the residue has been classified as not harmful to the marine environment; or for other garbage—the garbage does not contain substances classified as harmful to the marine environment under the criteria stated in Annex V, Appendix I. In this section— IMSBC Code means the International Maritime Solid Bulk Cargoes Code. The IMSBC Code is published by the IMO. Information about resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. solid bulk cargo — means solid bulk cargo as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea 1974; but does not include grain. (sec.53-ssec.1) This section applies to garbage that is cargo residue. (sec.53-ssec.2) A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is proceeding en route; and the ship is as far as practicable, and at least 12n miles, from the nearest land; and the garbage cannot be recovered using commonly available methods for unloading; and the garbage is classified as not harmful to the marine environment. (sec.53-ssec.3) For subsection (2) (c) , the garbage is classified as not harmful to the marine environment if— for garbage that is residue from solid bulk cargo—the ship’s master has been given a declaration, under the IMSBC Code, stating the solid bulk cargo relating to the residue has been classified as not harmful to the marine environment; or for other garbage—the garbage does not contain substances classified as harmful to the marine environment under the criteria stated in Annex V, Appendix I. (sec.53-ssec.4) In this section— IMSBC Code means the International Maritime Solid Bulk Cargoes Code. The IMSBC Code is published by the IMO. Information about resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. solid bulk cargo — means solid bulk cargo as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea 1974; but does not include grain.

• (a) the disposal happens when— (i) the ship is proceeding en route; and (ii) the ship is as far as practicable, and at least 12n miles, from the nearest land; and