BIOSECURITY ACT 2015 (NO. 61, 2015) - SECT 275 Management by ballast water exchange
BIOSECURITY ACT 2015 (NO. 61, 2015) - SECT 275
Management by ballast water exchange(1) Ballast water discharged from a tank on a vessel has been managed for discharge if:
(a) at least the prescribed proportion (by volume) of the ballast water in the tank immediately before the discharge had been taken up in an acceptable ballast water exchange; and
(b) at the time the ballast water is discharged, the vessel has appropriate ballast water records.
Note 1: For when a vessel has appropriate ballast water records , see sections 295 (for Australian vessels) and 296 (for foreign vessels).
Note 2: For tank , see section 9.
(2) The regulations may prescribe a method for working out whether, for the purposes of subsection (1), the prescribed proportion of the ballast water in the tank of a vessel has been taken up.
(3) A ballast water exchange is an acceptable ballast water exchange if it is conducted:
(a) in an area declared by the Director of Biosecurity under subsection (4) to be an acceptable location for ballast water exchange; and
(b) in the circumstances (if any) specified in the declaration for that area; and
(c) in accordance with the requirements (if any) prescribed by the regulations.
Note: A person does not commit an offence under section 270 for discharging ballast water as part of an acceptable ballast water exchange, even if that ballast water has not been managed for discharge (see section 276).
Declaration
(4) The Director of Biosecurity may, by legislative instrument, declare that:
(a) a specified area is an acceptable location for ballast water exchange; or
(b) an area that meets requirements specified in the declaration is an acceptable location for ballast water exchange.
(5) A declaration of an area under subsection (4) may specify, for the purposes of paragraph (3)(b), circumstances in which an acceptable ballast water exchange may be conducted in the area.