8Exceptions to requirement to give ballast water discharge report

8 Exceptions to requirement to give ballast water discharge report

For the purposes of subsection 267(3) of the Act, the operator of a vessel is not required to give a ballast water discharge report in relation to an intended discharge, or a discharge, of ballast water from the vessel in Australian territorial seas if: (a) biosecurity risks associated with discharges of ballast water from the vessel are managed in accordance with an approved arrangement covering the operator; or (b) the operator is satisfied that: (i) immediately before the intended discharge, or discharge, at least 95% of the relevant ballast water on the vessel will have been or was taken up within the outer limits of the exclusive economic zone of Australia; and (ii) the vessel has not left the waters within the outer limits of the exclusive economic zone of Australia since the ballast water was taken up; or (c) all of the following apply: (i) the operator has previously given a report under section 267 of the Act in relation to an intended discharge, or discharge, of ballast water from the vessel in Australian territorial seas; (ii) the operator is satisfied that, immediately before giving the report, at least 95% of the relevant ballast water on the vessel will have been or was taken up in the territorial seas of a foreign country or the high seas; (iii) since the discharge to which the report related, the vessel has not left the waters within the outer limits of the exclusive economic zone of Australia; or (d) an agreement that relates to the vessel is in force under paragraph 20(1)(a) exempting the operator from having to give a ballast water discharge report.