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21.—(1) The Secretary of State may approve programmes to test and evaluate prototype ballast water management systems.
(2) Where—
(a)a ship which is permitted to manage ballast water through exchange or treatment participates in a programme approved under paragraph (1); and
(b)the prototype ballast water management system is operated consistently and as designed,
the requirement in regulation 5 (requirement to conduct ballast water management) to conduct ballast water management through treatment does not apply to the ship until five years after the date on which it would otherwise would.
(3) A ship to which paragraph (2) applies is not required to manage ballast water through exchange.
(4) Where—
(a)a ship which is permitted to manage ballast water only through treatment participates in a programme approved under paragraph (1); and
(b)the prototype ballast water management system—
(i)has the potential to process ballast water such that it exceeds the minimum standard in regulation 13 (ballast water and sediment treatment standard); and
(ii)is operated consistently and as designed,
the requirement in regulation 5 (requirement to conduct ballast water management) to conduct ballast water management through treatment does not apply to the ship until five years after the date of installation of the prototype on the ship.
(5) Regulation 16 (approval of ballast water management systems) does not apply to a prototype ballast water management system being tested and evaluated on a programme approved under paragraph (1).
(6) An approval under paragraph (1) 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.
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