Environment Protection (Ships' Ballast Water) Regulations 2006 (Vic)
Version No. 004
Environment Protection (Ships' Ballast Water) Regulations 2006
S.R. No. 59/2006
Version as at
3 May 2016
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Application
5Application of the Regulations
Part 3—Reporting
6Victorian ballast water reporting requirements
Part 4—Discharge
7Discharge of ballast water into Victorian State Waters
Part 5—Cost recovery
8Fees payable
9Annual fee agreement for ships that are subject to a Victorian domestic ballast water accreditation agreement
10Fee collection
11Refund of monies paid
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Environment Protection (Ships' Ballast Water) Regulations 2006
S.R. No. 59/2006
Version as at
3 May 2016
Part 1—Preliminary
1Objective
The objective of these Regulations is to support the implementation of the Waste management policy (Ships' Ballast Water) by prescribing—
(a)the administrative requirements and services necessary to protect the beneficial uses of Victorian State waters; and
(b)the fees for ships visiting a port in Victoria to recover the costs associated with delivering these services.
2Authorising provision
These Regulations are made under section 71 of the Environment Protection Act 1970.
3Commencement
These Regulations come into operation on 1 July 2006.
4Definitions
In these Regulations—
annual fee agreement means an agreement between the Authority and a ship's owner made under regulation 9;
Authority has the same meaning as it has in the Environment Protection Act 1970;
ballast water means water, including any entrained marine organisms and other sediments and solids, used to alter the draught, trim, manoeuvrability and stability of ships;
Note
Ballast water is an industrial waste in Victoria.
ballast water log means a form in the format prescribed by the protocol;
ballast water report form means a form in the format prescribed by the protocol;
domestic ballast water means ballast water that originates from an Australian port or within the territorial seas of Australia;
domestic ballast water accreditation agreement means an agreement entered into between a ship owner and the Authority as provided by the policy;
high-risk domestic ballast water means domestic ballast water that if discharged is considered by the Authority to pose a high risk of introducing a marine pest to the receiving waters;
master has the same meaning as it has in the Marine Act 1988;
owner has the same meaning as it has in the Marine Act 1988;
port has the same meaning as it has in the Marine Act 1988;
Statemeans the State of Victoria;
the Act means the Environment Protection Act 1970;
the Policy means the Waste management policy (Ships' Ballast Water), published by the Authority in Government Gazette S 100 on 27 April 2004 and as in force from time to time;
the protocol means the "Protocol for Environmental Management Domestic Ballast Management in Victorian State Waters", publication 949 published by the Authority in May 2004 and as in force from time to time.
Part 2—Application
5Application of the Regulations
(1)Subject to subregulation (2), these Regulations apply only to ships that have capacity to carry ballast water.
(2)These Regulations do not apply to a ship which—
(a)utilises permanent fresh water ballast solely to alter the draught, trim, manoeuvrability and stability of the ship; and
(b)does not take up or discharge marine waters as part of its operation.
Part 3—Reporting
6Victorian ballast water reporting requirements
(1)The owner and master of any ship visiting a port must ensure that a completed ballast water report form is provided to the Authority in accordance with the requirements of the protocol.
Penalty:20 penalty units.
(2)The owner and master of a ship visiting a port and carrying domestic ballast water must ensure that a completed ballast water log is provided to the Authority in accordance with the requirements of the protocol.
Penalty:20 penalty units.
(3)For the purposes of subregulations (1) and (2), the Authority must ensure that the ballast water report form and the ballast water log are available in both paper and electronic forms.
(4)In relation to a ship, the Authority may exempt a ship's owner and master from the need to comply with the reporting requirements of subregulations (1) and (2) if that ship is the subject of a current domestic ballast water accreditation agreement.
Part 4—Discharge
7Discharge of ballast water into Victorian State Waters
(1)The owner and master of a ship must ensure there is no discharge of domestic ballast water in Victorian State waters unless written authorisation to discharge has been received from the Authority.
Penalty:50 penalty units.
(2)In making a decision to authorise the discharge of domestic ballast water under subregulation (1) the Authority may have regard to, but is not limited by, the following—
(a)the satisfactory completion of the forms submitted under regulation 6;
(b)the Authority's assessment of the information provided in accordance with regulation 6;
(c)whether the ship is carrying high-risk domestic ballast water;
(d)the general level of risk posed to the environment by the domestic ballast water;
(e)if any compliance monitoring or inspections have been conducted by or on behalf of the Authority, the outcomes of that compliance monitoring or inspection;
(f)if the ship is subject to a domestic ballast water accreditation agreement, the terms of that agreement;
(g)if an Environment Improvement Plan is in force in accordance with the Policy, the terms of that Environment Improvement Plan;
(h)any other safety or environmental issues that the Authority considers relevant.
Part 5—Cost recovery
8Fees payable
(1)Subject to regulation 9, the following fees, payable by or on behalf of the owner of a ship, are prescribed.
TABLE 1
Column 1
Classification of shipColumn 2
Fee units per ship per visit to a port
Ships which are the subject of a current Victorian domestic ballast water accreditation agreement 10 All other ships 21 (2)An owner of a ship who fails to pay the fee prescribed in subregulation (1) within 30 days of issue of final notice is guilty of an offence and liable to a penalty not exceeding 20 penalty units.
9Annual fee agreement for ships that are subject to a Victorian domestic ballast water accreditation agreement
(1)This regulation applies to ships that are the subject of a current Victorian domestic ballast water accreditation agreement.
(2)The ship's owner may apply to the Authority to pay a fee of 200 fee units to the Authority to enter into an annual fee agreement for the ship.
(3)Subject to subregulation (4), an annual fee agreement operates for a 12 month period following receipt of payment by the Authority under subregulation (2).
(4)An annual fee agreement may provide for the payment of the fee under subregulation (2) in 4 quarterly instalments payable in advance as specified in the agreement.
(5)If subregulation (4) applies, the annual fee agreement operates for a 12 months period following receipt of the first quarterly payment but is terminated if a further quarterly payment is not received in accordance with subregulation (4).
(6)If a ship's owner has an annual fee agreement regulation 8 does not apply to the ship for the duration of the annual fee agreement.
(7)An application under subregulation (2) must be made in accordance with the requirements of the protocol.
(8)Despite subregulation (6), if the Authority revokes a Victorian domestic ballast water accreditation agreement for a ship—
(a)the annual fee agreement ceases to apply; and
(b)fees specified in regulation 8 will apply from the date of the revocation.
10Fee collection
(1)The fee prescribed by regulation 8 or 9 is payable by or on behalf of the owner of a ship to the Authority.
(2)The Authority may authorise a third party in writing to collect the fees prescribed by these Regulations on its behalf.
(3)If a third party has been authorised in accordance with subregulation (2), the prescribed fee is payable by or on behalf of the owner of a ship to the relevant third party.
11Refund of monies paid
The Authority may refund all, or a relevant portion of, monies paid in accordance with these Regulations if—
(a)the monies paid are more than the amount that is required; or
(b)a fee agreement has been entered into in accordance with regulation 9 and—
(i)the Victorian domestic ballast water accreditation agreement of the ship is revoked; or
(ii)the ship is sold during the term of the annual fee agreement; or
(iii)the ship is not operational in Victoria for a minimum period of one month.
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Environment Protection (Ships' Ballast Water) Regulations 2006, S.R. No. 59/2006 were made on 30 May 2006 by the Governor in Council on the recommendation of the Authority under section 71 of the Environment Protection Act 1970, No. 8056/1970 and came into operation on 1 July 2006: regulation 3.
The Environment Protection (Ships' Ballast Water) Regulations 2006 will sunset on 29 May 2017: see the Subordinate Legislation (Environment Protection (Ships' Ballast Water) Regulations 2006) Extension Regulations 2016, S.R. No. 39/2016.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Environment Protection (Ships' Ballast Water) Regulations 2006 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
| Statutory Rule Provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulations 6 and 9 | Protocol for Environmental Management Domestic Ballast Management in Victorian State Waters, publication 949 published by the Authority in May 2004 and as in force from time to time. | The whole |
| Regulation 7 | Waste management policy (Ships' Ballast Water) published by the Authority in Government Gazette S 100 on 27 April 2004 and as in force from time to time. | The whole |
——
Fee Units
These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2015, is $13.60. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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