19Water taken up in the high seas

19 Water taken up in the high seas

(1) The condition in section 278A of the Act is met in relation to a discharge of ballast water from a vessel (except a vessel referred to in subsection (2)) if, immediately before the discharge, at least 95% of the total of relevant ballast water on the vessel consists of ballast water taken up in the high seas. (2) Subsection (1) does not apply in relation to a vessel that is excluded from the operation of section 275 of the Act by section 12 of this instrument.