AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 21

21. 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 Organization as an oil-like substance under criteria developed by the Organization, may be carried on an oil tanker within the meaning of Part II 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 1st July 1986–the International Bulk Chemical Code; or

(ii) in the case of a tanker constructed before 1st July 1986–the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention;

(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 II –

(a) section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part II; and

(b) section 20 does not apply in relation to the discharge of the substance.



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