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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 18A

Certain liquid substances to be treated as oil

    (1)     Despite 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 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; 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 substances 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 authorised officer 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)     section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2; and

        (b)     section 18 does not apply in relation to the discharge of the substance.



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