New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 19

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,

(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,

(c) the prescribed substance is the substance, or a substance, referred to in paragraph (b) (ii),

(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) sections 8 and 8A apply in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2, and

(b) sections 18 and 18A do not apply in relation to the discharge of the substance.