21Ballast water discharge in same risk area

21 Ballast water discharge in same risk area

(1) The condition in section 278A of the Act is met in relation to a discharge of ballast water from a vessel if: (a) at least 95% of the relevant ballast water on the vessel, immediately before the discharge, had been taken up in any one of the areas specified in the notifiable instrument made under subsection (2); and (b) the discharge also occurs in that area; and (c) at the time of the discharge, the vessel is not excluded from the operation of section 275 of the Act by section 12 of this instrument. (2) The Director of Biosecurity may, by notifiable instrument, specify areas for the purposes of paragraph (1)(a).

Note: The power in this subsection may be delegated (see subsection 542(1) of the Act).