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.