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Biosecurity Act 2015
285Simplified outline of this Part
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285 Simplified outline of this Part
This Part provides for ballast water management plans and ballast water management certificates for vessels to be issued, endorsed and recognised.
Division 1A requires most vessels to have a ballast water management plan and a ballast water management certificate. Australian vessels require a plan and certificate in and outside Australian seas. Foreign vessels require a plan and certificate only if they are in Australian seas.
Division 2 sets out what a ballast water management plan is, and provides for the determination under section 308A to prescribe a scheme for the Director of Biosecurity and survey authorities to approve ballast water management plans for vessels.
Division 3 sets out what a ballast water management certificate is, and provides for the determination under section 308A to prescribe a scheme for the Director of Biosecurity and survey authorities to survey vessels for the purposes of certification.
Division 1A—General requirement to have ballast water management plan and certificate
285A Vessels to have a ballast water management plan and certificate
(1) An Australian vessel (whether in or outside Australian seas) must, subject to subsection (3) and section 285B, have:
(a) a ballast water management plan; and
(b) a ballast water management certificate that is in force.
Note: A person may commit an offence if the vessel does not have a ballast water management plan and a ballast water management certificate that is in force (see section 285C).
(2) A foreign vessel in Australian seas must, subject to subsection (3) and section 285B, have:
(a) a ballast water management plan; and
(b) a ballast water management certificate that is in force.
(3) The determination under section 308A may prescribe vessels that are exempt from the requirements in subsections (1) and (2).