Biosecurity (Notice of Commencement of Ballast Water Convention) Instrument 2017

Overview

The Biosecurity (Notice of Commencement of Ballast Water Convention) Instrument 2017I, enacted on 22 August 2017, serves to formalise the commencement of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments for Australia, scheduled to take effect on 8 September 2017. This instrument was introduced by Barnaby Joyce, the Deputy Prime Minister and Minister for Agriculture and Water Resources, under the Biosecurity Amendment (Ballast Water and Other Measures) Act 2017. The overarching policy objective is to prevent, contain and eradicate pests and diseases that could be detrimental to Australia’s environment and economy by ensuring that vessels entering Australian waters comply with international standards for ballast water management. This measure is crucial in addressing the risk posed by invasive aquatic species which can be transported via ships’ ballast water.

Scope and Application

The Biosecurity (Notice of Commencement of Ballast Water Convention) Instrument 2017 applies to the implementation of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, which was done at London on 13 February 2004, within Australia. This legislation applies to ships and maritime activities that involve the management and control of ballast water and sediments, thereby impacting the maritime industry. The geographic and jurisdictional reach of this instrument is national, as it governs the application of the Convention across Australia. It is pertinent to note that the instrument specifies the commencement date of 8 September 2017, thereby setting a definitive timeline for the enforcement of the Convention's provisions in Australia. Although the primary focus is on the management of ballast water and sediments, the instrument does not explicitly state any exclusions, exemptions, or thresholds. However, the application and enforcement of the Convention's provisions may be further detailed through subordinate instruments, which could potentially introduce additional regulations, guidelines, or specific exemptions.

Key Provisions

The Biosecurity (Notice of Commencement of Ballast Water Convention) Instrument 2017 (No. 1) serves to bring into effect the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 for Australia. Section 1 of the Instrument specifies that this Convention is set to commence on 8 September 2017. This commencement date is critical as it aligns Australia with international standards and obligations concerning the management and control of ballast water from ships, which is crucial in preventing the spread of harmful aquatic organisms. Under this Instrument, section 2 outlines the key obligations that the parties or entities involved must adhere to. This includes ship operators and owners who must ensure that their vessels comply with the requirements set out in the Convention. These requirements generally pertain to the management and treatment of ballast water to minimise the risk of introducing harmful aquatic organisms into Australian waters. Compliance involves adhering to specific procedures and protocols for ballast water management and reporting, which are detailed in the Convention and subsequent Australian regulations. Failure to comply with the provisions of the Convention as implemented through Australian legislation can result in significant consequences. Under section 3 of the Instrument, breaches of the Convention's requirements can lead to civil penalties, which may include substantial fines. Additionally, section 4 stipulates that serious or repeated breaches may attract criminal penalties, which could include imprisonment for individuals found guilty of non-compliance. The exact penalties are detailed in the primary Biosecurity Act 2015, which provides for fines up to $22,200 for individuals and up to $111,000 for bodies corporate, as well as potential imprisonment terms for more severe breaches. These provisions underscore the importance of strict adherence to the Convention's requirements to avoid both financial and criminal repercussions.