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39.—(1) Where a sampling of a ship’s ballast water under regulation 38(2)(c) (inspection of ships) indicates that the ship poses a threat to the environment, human health, property or resources, the person exercising the powers of inspection must serve on the master of the ship a notice which—
(a)prohibits the ship from discharging ballast water until the threat has been removed; and
(b)states the grounds for the prohibition.
(2) The person exercising the powers of inspection must ensure that a copy of the notice is sent—
(a)in the case of a United Kingdom ship, to the Certifying Authority that issued the ship’s IBWM Certificate; or
(b)in the case of a ship which is not a United Kingdom ship, immediately to the appropriate maritime authorities of the ship’s flag State or a diplomatic representative of that State.
(3) Where the ship is permitted to proceed to its next port of call, the person exercising the powers of inspection must ensure that a copy of the notice is sent to that port.
(4) A notice served under paragraph (1) must be complied with.
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