11.—(1) Subject to paragraphs (4) and (5), ballast water exchange must, where possible, be carried out—
(a)at least 200 nautical miles from the nearest land; and
(b)in water at least 200 metres in depth.
(2) Subject to paragraphs (4) and (5), where it is not possible to carry out ballast water exchange in accordance with paragraph (1), ballast water exchange—
(a)must be carried out—
(i)as far as possible from the nearest land and in any case not less than 50 nautical miles from the nearest land; and
(ii)in water at least 200 metres in depth; or
(b)must be carried out in an area designated by the Secretary of State under paragraph (6) in accordance with any conditions or limitations imposed under paragraph (7)(c)(i).
(3) Ballast water exchange in accordance with paragraphs (1) and (2) must take into account the guidelines developed by the IMO as specified in section 6 of Merchant Shipping Notice MSN 1908 (M+F).
(4) A requirement under paragraph (1) or (2)(a) does not apply to a ship where compliance with it would require the ship to—
(a)deviate from its intended voyage; or
(b)delay its voyage.
(5) Paragraphs (1) and (2) do not apply where the master of a ship reasonably decides that conducting ballast water exchange in accordance with them would threaten—
(a)the safety or stability of the ship;
(b)its crew; or
(c)its passengers,
because of adverse weather, ship design or stress, equipment failure, or any other extraordinary condition.
(6) The Secretary of State may designate areas of sea in which ships may conduct ballast water exchange.
(7) A designation under paragraph (6)—
(a)may only be made for areas of sea where the distance from the nearest land or the depth of water does not meet the parameters in paragraph (1) or (2)(a);
(b)must take into account the guidelines developed by the IMO as specified in section 7 of Merchant Shipping Notice MSN 1908 (M+F); and
(c)is valid only if given in writing and may be—
(i)subject to such conditions and limitations as the Secretary of State may specify; and
(ii)altered or cancelled by a notice given in writing by the Secretary of State.
(8) In this regulation “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law except that, for the purposes of this regulation, it shall mean in the case of land off the north-eastern coast of Australia from a line drawn from a point on the coast of Australia in—
latitude 11°00´ S, longitude 142°08´ E
to a point in latitude 10°35´ S, longitude 141°55´ E
thence to a point latitude 10°00´ S, longitude 142°00´ E
thence to a point latitude 9°10´ S, longitude 143°52´ E
thence to a point latitude 9°00´ S, longitude 144°30´ E
thence to a point latitude 10°41´ S, longitude 145°00´ E
thence to a point latitude 13°00´ S, longitude 145°00´ E
thence to a point latitude 15°00´ S, longitude 146°00´ E
thence to a point latitude 17°30´ S, longitude 147°00´ E
thence to a point latitude 21°00´ S, longitude 152°55´ E
thence to a point latitude 24°30´ S, longitude 154°00´ E
thence to a point on the coast of Australia in latitude 24°42´ S, longitude 153°15´ E.