The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

PART 2 Discharge of ballast water and sediments

Requirement to conduct ballast water management

5.—(1) Subject to regulations 6 (exceptions to the requirement to conduct ballast water management), 7 (exemptions from the requirement to conduct ballast water management) and 21 (prototype ballast water management systems), any ballast water or sediments taken on board a ship must not be discharged from that ship unless they are subject to ballast water management which meets the requirements of paragraph (2).

(2) The requirements referred to in paragraph (1) are—

(a) treatment or exchange; or

(b) treatment—

(i) where the ship was constructed on or after 8th September 2017;

(ii) where the ship had—

(aa) an IOPP renewal survey in the period beginning on 8th September 2014 and ending on 7th September 2017; and

(bb) an IOPP renewal survey in the period beginning on 8th September 2017 and ending on 7th September 2019;

(iii) where the ship had an IOPP renewal survey in the period beginning on 8th September 2019 and ending immediately before the coming into force of these Regulations;

(iv) following the ship’s first IOPP renewal survey after the coming into force of these Regulations; or

(v) where—

(aa) the ship is not subject to an IOPP renewal survey; and

(bb) the discharge is after 8th September 2024.

(3) In this regulation—

(a) “changes the ship type” refers to a ship conversion that—

(i) substantially alters the dimensions or carrying capacity of the ship; or

(ii) changes the type of cargo carried as a result of a major alteration of the ship;

(b) “constructed” means the keel is laid or—

(i) a stage of construction is reached where—

(aa) construction identifiable with the ship begins; and

(bb) assembly of the ship has commenced comprising at least 50 tonnes, or one per cent of the estimated mass of all structural material, whichever is less; or

(ii) a stage of construction is reached where the ship undergoes a major conversion.

(c) “IOPP renewal survey” means a survey of that description as set out in section 2 of Merchant Shipping Notice MSN 1908 (M+F); and

(d) subject to paragraph (4), “major conversion” means the conversion of a ship which—

(i) changes its ballast water capacity by 15 percent or greater;

(ii) changes the ship type;

(iii) in the opinion of the Secretary of State, is projected to prolong its life by ten years or more; or

(iv) results in modifications to its ballast water system other than the replacement-in-kind of components.

(4) The conversion of a ship to achieve the standard specified in regulation 12 (ballast water exchange standard) is not a major conversion for the purposes of paragraph (3)(b)(ii).

Exceptions to the requirement to conduct ballast water management

6.—(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.

Exemptions from the requirement to conduct ballast water management

7.—(1) Subject to paragraph (2) the Secretary of State may exempt discharges of any ballast water or sediments in a specified location, in UK waters or UK controlled waters, from the requirements of regulation 5 (requirement to conduct ballast water management) where the same ballast water or sediments are—

(a) taken on board a ship in a location specified by the Secretary of State; and

(b) not mixed with any ballast water or sediments from a location which has not been specified by the Secretary of State.

(2) The grant of an exemption under paragraph (1) must be—

(a) based on; and

(b) reviewed in accordance with,

the guidelines referred to in section 10 of Merchant Shipping Notice MSN 1908 (M+F).

(3) Subject to paragraph (4) an exemption by the Secretary of State is valid—

(a) from the date specified in the exemption;

(b) for such period as is specified in the exemption, not exceeding five years.

(4) An exemption by the Secretary of State is valid only if given in writing and may be—

(a) given subject to such conditions and limitations as the Secretary of State may specify; and

(b) altered or cancelled by a notice given in writing by the Secretary of State.

(5) The particulars of any exemption granted under paragraph (1) and relied on by a ship must be recorded in the ship’s ballast water record book.

Equivalents

8.—(1) A relevant ship may meet the requirements of these Regulations through equivalent compliance if this has been approved by the Secretary of State and—

(a) the owner or master of the ship has made an application to the Secretary of State for permission for the equivalent compliance;

(b) a surveyor—

(i) is satisfied that the equivalent compliance applied for is at least as effective as that required by these Regulations; and

(ii) has endorsed the application to the Secretary of State to that effect; and

(c) the equivalent compliance complies with any conditions or limitations set out in the approval.

(2) An approval given by the Secretary of State is valid only if given in writing and may be—

(a) given subject to such conditions and limitations as the Secretary of State may specify; and

(b) altered or cancelled by a notice given in writing by the Secretary of State.

(3) In this regulation—

(a) “equivalent compliance” means the use of any fitting, material, appliance or apparatus, or other provision made, as an alternative to one that complies with these Regulations;

(b) “overall length” means the length of the hull excluding any bowsprit, boom, bumpkin and pulpit; and

(c) “relevant ship” means—

(i) a ship engaged primarily in search and rescue operations which is less than 50 metres in overall length and which has a maximum ballast water capacity of 8 cubic metres; or

(ii) a ship which is a pleasure vessel less than 50 metres in overall length and which has a maximum ballast water capacity of 8 cubic metres.

(4) In this regulation “pleasure vessel” means—

(a) any vessel which at the time it is being used is—

(i) in the case of a vessel wholly owned by—

(aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb) a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b) any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner.

(5) In paragraph (4) “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant.