New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 49

Defence for certain leakages causing substances to be washed overboard

49 Defence for certain leakages causing substances to be washed overboard

(Reg 7.2 of Annex III of MARPOL)
Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship because of a leakage of the substance if:

(a) the substance was washed overboard from the ship in accordance with the regulations or any orders made pursuant to the regulations, or
(b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.



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