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MARINE POLLUTION ACT 2012 - SECT 37

Defence for discharge of certain other Category Y substances

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).



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