Western Australian Current Acts Western Australian Current Acts (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; and
(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;
and
(c) the
prescribed substance is the substance, or a substance, referred to in
paragraph (b)(ii); and
(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 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.