Part 14Miscellaneous

Part 14—Miscellaneous 161—Discharging ballast water prohibited in specified waters (1) The Minister may, by notice in the Gazette, prohibit the discharge, without the approval of— (a) in the case of the discharge of ballast water within a port—a port management officer; or (b) in any other case—an authorised person, of ballast water, or ballast water of a specified class, from any vessel in the whole or a specified part of the jurisdiction. (2) If ballast water is discharged from a vessel in contravention of subregulation (1), the operator of the vessel is guilty of an offence. 162—Directions relating to ballast water (1) Without limiting regulation 161, an authorised person or port management officer may give the operator of a vessel in the jurisdiction directions relating to any ballast water carried on the vessel. (2) Without limiting subregulation (1), a direction may— (a) prohibit the discharge of ballast water in specified waters; or (b) require ballast water to be discharged in specified waters or in a specified manner (including that it be treated in a specified manner prior to discharge); or (c) require ballast water to be exchanged in specified waters; or (d) make any requirement in relation to the loading of ballast water. (3) An operator of a vessel who, without reasonable excuse, fails to comply with a direction under subregulation (1) is guilty of an offence. 163—Court of Marine Enquiry assessors For the purposes of section 77(4) of the Act, the Court of Marine Enquiry must choose 2 assessors from the panel of expert assessors established by the Minister to sit with the Court in relation to a matter before it as follows: (a) the assessors must have knowledge or experience relevant to the kind of matter before the Court; (b) the assessors must not have a personal interest or a direct or indirect pecuniary interest in the matter before the Court. 164—False statements A person must not, in providing any information required under these regulations, make a statement that is false or misleading in a material particular. 165—Signs (1) A sign erected on or in the vicinity of a place that appears to have been erected for the purposes of these regulations will, in the absence of proof to the contrary, be taken to have been erected in accordance with these regulations. (2) A sign erected by the CE, the Minister, the department or a port operator on or in the vicinity of a place before the commencement of the repealed regulations will be regarded as having been erected in accordance with these regulations. (3) In determining the meaning of a direction displayed on a sign under these regulations, regard must be given to the characteristics of the surrounding physical environment. (4) In proceedings for an offence against these regulations, an allegation in a complaint that— (a) a specified sign was erected by the CE or a port operator; or (b) a specified sign erected by the CE or a port operator contained a specified direction or specified information, will be accepted, in the absence of proof to the contrary, as proof of the matter so alleged. 166—Waiver, remission and reduction of fees and payment in instalments (1) The CE may waive, remit or reduce a fee payable by a person under these regulations if the CE considers the circumstances of the particular case justify the waiver, remission or reduction. (2) The CE may allow a person to pay a fee in instalments. This regulation does not apply in relation to a levy payable under Part 13.