PART 2Discharge of ballast water and sediments

Exceptions to the requirement to conduct ballast water management6

1

Regulation 5 (requirement to conduct ballast water management) does not apply to—

a

the discharge of ballast water to a reception facility of a type specified in section 3 of Merchant Shipping Notice MSN 1908 (M+F);

b

the discharge of any ballast water or sediments necessary for the purpose of—

i

ensuring the safety of a ship in an emergency;

ii

saving life at sea; or

iii

avoiding or minimising the discharge of pollution from the ship;

c

the accidental discharge of any ballast water or sediments resulting from damage to the ship or its equipment—

i

where all reasonable precautions have been taken before and after the—

aa

occurrence of the damage; or

bb

discovery of the damage or discharge,

for the purpose of preventing or minimising the discharge; and

ii

unless the owner, manager, demise charterer or master wilfully or recklessly caused the damage; or

d

the discharge of any ballast water or sediments where—

i

the same ballast water or sediments are—

aa

taken on board a ship; and

bb

subsequently discharged,

on the high seas; or

ii

the same ballast water or sediments are—

aa

taken on board a ship;

bb

discharged in the same location where they originated; and

cc

not mixed with any ballast water or sediments from a different location which have not been subject to ballast water management in accordance with regulation 5 (requirement to conduct ballast water management).

2

In sub-paragraph (d)(ii) “same location” means—

a

where any ballast water or sediments have been taken on board a ship within a harbour, within the harbour limits of that harbour; or

b

where paragraph (a) does not apply, within one nautical mile of the point of uptake of any ballast water or sediments.