Policy and Legal Framework and the Current Status of Ballast Water Management Requirements - Global Maritime Transport and Ballast Water Management: Issues and Solutions - page 82

captains avoid any ballast water discharges in Chinese waters. In situations where
ballast water operations are unavoidable, a tank to tank transfer is used (Kumar
personal communication).
Australia
The Department of Agriculture, Fisheries and Forestry (DAFF) is the responsible
agency within the Australian Government for the regulation of BWM on interna-
tionally arriving vessels.
DAFF is currently redrafting the legislation that governs BWM, as part of a
broader reform of the biosecurity activities undertaken by the Department.
Biosecurity is protecting the economy, environment and people's health from
pests and diseases. It includes trying to prevent new pests and diseases from arriving
in Australia, and helping to control outbreaks when they do arrive. This terminology
and the reform agenda represents a move away from the concept of “quarantine”
(actions at the border) to a broader “biosecurity” framework of actions taken pre-
border, at the border and post-border.
The new legislation will include requirements consistent with the BWM
Convention. Under the new legislation it will be an offence for a vessel to discharge
ballast water in Australian seas unless the discharge is covered by an exemption or
the ballast water has been appropriately managed by conduct of an acceptable BWE
or by using an approved method of BWM. An approved method of BWM includes
the use of type approved BWMSs and approved prototype treatment technologies.
Until the new legislation comes into force, internationally arriving vessels will
need to meet the current regulations, which prohibit the discharge of high risk bal-
last water inside Australia's territorial seas. High risk ballast water is defi ned as “all
salt water from ports and coastal waters outside Australia's territorial sea”. Vessels
are required to manage high risk ballast water by BWE, retaining high risk ballast
water on board or using fresh potable water that has been municipally sourced.
Written approval must be obtained from DAFF prior to any discharge. 29
Exceptions may apply under certain circumstances, e.g., when BWE was impos-
sible due to safety reasons (DAFF 2011 ; Lloyds Register 2011 ).
The current regulations do not include any numerical ballast water discharge
standards, however the new legislation will include reference to the D-1 and D-2
standards.
Victoria, one of seven Australian states/territories, has additional requirements
for the management of domestic ballast water. Vessels visiting Victorian ports must
undertake a ballast water risk assessment on a voyage by voyage basis, to assess
whether their domestic ballast water is either high or low risk. Ballast water identi-
fi ed as high risk must be managed by conduct of a BWE outside of Australia's
29 www.daff.gov.au/aqis/avm/vessels/quarantine_concerns/ballast/australian-ballast-water-
management-requirements , last accessed 07.02.2013.