Document ID: chunk:federal_register_of_legislation:F2019C00780:reg:29
Version: federal_register_of_legislation:F2019C00780
Segment Type: reg
Provision Reference: reg 29
Character Range: 30266–32791

29  Scheme for survey of vessel and issue etc. of ballast water management certificate
 (1) For the purposes of subsection 290(1) of the Act, the Director of Biosecurity or a survey authority may in accordance with this section do, on behalf of the Commonwealth, any of the following in relation to a vessel:
 (a) survey the vessel to determine whether a ballast water management certificate should be issued or endorsed for the vessel;
 (b) issue a ballast water management certificate for the vessel;
 (c) endorse a ballast water management certificate for the vessel;
 (d) withdraw a ballast water management certificate for the vessel;
 (e) extend the period during which a ballast water management certificate for the vessel is in force;
 (f) amend the expiry date on a ballast water management certificate for the vessel.
 (2) The Director of Biosecurity or a survey authority must carry out the appropriate survey of a vessel, as referred to in regulation E‑1 of the Annex to the Ballast Water Convention, before:
 (a) issuing, endorsing or withdrawing a ballast water management certificate for the vessel; or
 (b) extending the period during which a ballast water management certificate is in force for the vessel; or
 (c) amending the expiry date on a ballast water management certificate for the vessel.
 (3) If, after carrying out a survey of a vessel under subsection (2), the Director of Biosecurity or the survey authority is satisfied that the applicable requirements in regulation E‑1 of the Annex to the Ballast Water Convention are met in relation to the vessel, the Director or the survey authority must (as the case requires):
 (a) issue or endorse a ballast water management certificate for the vessel; or
 (b) extend the period during which a ballast water management certificate is in force for the vessel; or
 (c) amend the expiry date on a ballast water management certificate for the vessel.
 (4) If:
 (a) a ballast water management certificate is in force for a vessel; and
 (b) the Director of Biosecurity or a survey authority is satisfied, after conducting a survey referred to in regulation E‑1 of the Annex to the Ballast Water Convention, that the requirements of that Convention are no longer being met;
the Director of Biosecurity or the survey authority must withdraw the ballast water management certificate.
 (5) A ballast water management certificate issued under this section must be in the form set out in Appendix I to the Ballast Water Convention.

Part 5—Ballast water records