Part 4Ballast water management plans and ballast water management certificates

Part 1—Preliminary

1 Name

This instrument is the Biosecurity (Ballast Water and Sediment) Determination 2017.

3 Authority

This instrument is made under section 308A of the Biosecurity Act 2015.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) approved arrangement;
(b) Australian seas;
(c) Australian territorial seas;
(d) Ballast Water Convention;
(e) ballast water exchange;
(f) ballast water management;
(g) ballast water reception facility;
(h) sediment reception facility.

In this instrument:

Act means the Biosecurity Act 2015.

ballast water discharge report means a report that is required to be given under subsection 267(1) of the Act.

EEZ sourced water has the meaning given by subsection 13(5).

from the nearest land has the same meaning as in regulation A‑1.6 of the Annex to the Ballast Water Convention.

gross tonnage has the meaning given by the Ballast Water Convention.

high seas means seas that are more than 200 nautical miles from the nearest land.

regulation B‑3 of the Annex to the Ballast Water Convention means the version of regulation B‑3 set out in MEPC 71/WP.11/Rev.1 dated 5 July 2017 (whether or not that version of regulation B‑3 is in force in the Ballast Water Convention).

Part 2—Reporting ballast water discharges

6 Information that must be included in ballast water discharge report

For the purposes of paragraph 267(2)(a) of the Act, a ballast water discharge report in relation to an intended discharge, or a discharge, of ballast water from a vessel in Australian territorial seas must include the following information: (a) information identifying the vessel; (b) contact details for the person on board the vessel who is responsible for managing the vessel’s ballast water; (c) information identifying and describing the tanks and pumps used to manage the vessel’s ballast water; (d) details of the voyage during which the discharge is intended to occur or occurred; (e) if a ballast water management certificate has been issued for the vessel: (i) the date the certificate was issued; and (ii) the name of the authority that issued the certificate; and (iii) the place where the certificate was issued; and (iv) the expiry date of the certificate; (f) if there is a ballast water management plan for the vessel: (i) whether the plan has been approved as referred to in section 286 of the Act and is on board the vessel; and (ii) whether the vessel’s ballast water and sediment have been managed in accordance with the vessel’s ballast water management plan; (g) whether the vessel has ballast water records on board the vessel that comply with Part 5 of Chapter 5 of the Act; (h) whether the vessel intends to dispose of, or has disposed of, sediment in Australian territorial seas; (i) if the intended discharge, or discharge, would be, or is, covered by an exception under Part 3 of Chapter 5 of the Act—details about the exception and information about how the conditions relating to the exception are to be, or have been, complied with; (j) the port or other location where the discharge is intended to occur or occurred; (k) the date and time when the discharge is intended to occur or occurred; (l) the estimated volume (in cubic metres) of ballast water intended to be discharged or discharged.