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

Responsibilities of the owner and the master

31.—(1) The owner and the master of a ship must ensure that the condition of the ship and its equipment, systems and processes are maintained to conform—

(a) in the case of a United Kingdom ship, or any ship surveyed in accordance with these Regulations, with the provisions of these Regulations; or

(b) in the case of any other ship, with the requirements of the Convention,

so as to ensure that the ship, in all respects, remains fit to proceed to sea without presenting a threat of harm to the environment, human health, property or resources.

(2) The owner and the master of a ship must ensure that, after any survey of the ship required by these Regulations has been completed, no change, except by way of direct replacement, is made to the structure, equipment, fittings, arrangements or materials associated with the ship’s ballast water management plan and covered by the survey, without the approval of—

(a) the Certifying Authority who appointed the surveyor to carry out the survey;

(b) the Secretary of State, where the relevant survey was carried out and the relevant IBWM Certificate was issued by a Contracting State other than the United Kingdom following a request made by the Secretary of State pursuant to regulation 33 (issue or endorsement of IBWM Certificates by another Contracting State); or

(c) the administration of the ship’s flag State, where the ship is not a United Kingdom ship.

(3) Whenever—

(a) an accident occurs to a ship; or

(b) a defect is discovered in a ship,

which substantially affects the ability of the ship to conduct ballast water management in accordance with Part 2 (discharge of ballast water and sediments) and Part 3 (ballast water management), the owner, demise charterer or master of the ship must comply with the requirements of paragraph (4).

(4) The requirements are that—

(a) the accident or defect is reported at the earliest opportunity to the Certifying Authority that issued the IBWM Certificate in respect of the ship;

(b) in the case of a United Kingdom ship in a port outside the United Kingdom the accident or defect is immediately reported to the appropriate maritime authorities in the country in which the port is situated;

(c) in the case of any other ship in a port in the United Kingdom, the accident or defect is reported to the Secretary of State.

(5) Whenever an accident or defect is reported to a Certifying Authority in accordance with paragraph (4)(a), the Certifying Authority—

(a) must cause an investigation to be initiated to determine whether or not an additional survey is necessary; and

(b) must, if it considers that an additional survey is necessary, cause that survey to be carried out.

(6) Whenever an accident or defect is reported to a Certifying Authority in accordance with paragraph 4(a) and the ship in question is a United Kingdom ship and in a port outside the United Kingdom, the Certifying Authority must take all appropriate steps to ascertain that the requirement in paragraph 4(b) has been complied with.

(7) In paragraph (2) “direct replacement” means the direct replacement of equipment and fittings with equipment and fittings that conform with the relevant requirements which apply to that ship.