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

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.