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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.
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