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Schedule 1—Main amendments

Schedule 1 Main amendments

   

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

1  After paragraph 26F(7)(d)

Insert:

                   (da)  if the cargo residues are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:

                              (i)  the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and

                             (ii)  the solid bulk cargoes are not harmful to the marine environment;

2  After paragraph 26F(8C)(c)

Insert:

                    (ca)  if the garbage is cargo residues that are contained in cargo hold wash water and that are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:

                              (i)  the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and

                             (ii)  the solid bulk cargoes are not harmful to the marine environment;

3  Paragraph 26F(8C)(f)

Omit “subparagraph 1.2.3”, substitute “subparagraph 1.2.5”.

4  At the end of section 33

Add:

             (4)  Despite section 14 of the Legislation Act 2003 , the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time;

even if the instrument or other document does not exist when the regulations come into operation.

5  Subsections 34(4), (5) and (6)

Omit “made pursuant to the regulations”.

6  Subsection 34(8)

Repeal the subsection, substitute:

             (8)  Despite section 14 of the Legislation Act 2003 , an order may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time;

even if the instrument or other document does not exist when the order comes into operation.

7  Application provision

The amendments of section 26F of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Schedule apply in relation to the discharge of garbage from a ship on or after the commencement of this item.