20Ballast water discharged in accordance with agreements

20 Ballast water discharged in accordance with agreements

(1) The condition in section 278A of the Act is met in relation to a discharge of ballast water from a vessel if: (a) an agreement, between the owner of the vessel and the Director of Biosecurity, that relates to the vessel is in force when the discharge occurs; and (b) the discharge occurs in accordance with the agreement; and (c) all conditions specified in the agreement have been complied with. (2) The Director of Biosecurity may: (a) enter into agreements for the purposes of subsection (1); and (b) impose conditions in the agreements; and (c) exempt, in the agreements, operators of vessels from having to give a ballast water discharge report under section 267 of the Act; and (d) revoke or vary such agreements: (i) on request of the owner of the vessel; or (ii) if the Director of Biosecurity is satisfied that a condition specified in the agreement has not been complied with or that the risks relating to a discharge of ballast water from the vessel have increased. (3) A decision under subparagraph (2)(d)(ii) to revoke or vary an agreement relating to a vessel is a reviewable decision. The owner of the vessel is the relevant person.