1. Scope
2. General conditions
3. Definitions
4. Requirements for Ballast Water
5. Options for Satisfying an Inspector
6. Exemptions
7. Costs
8. Enquiries
   Annex 1

1. Scope

This import health standard applies to ballast water loaded within the territorial waters of a country other than New Zealand and intended for discharge in New Zealand waters. Emergency discharge of ballast water is not covered by this standard.

2. General conditions

It is the responsibility of the Master to ensure that the ballast water, and any associated sediment, intended for discharge in New Zealand complies with the conditions in the standard. Ballast water that does not comply with the conditions must not be discharged in New Zealand waters.

Compliance with these controls must be consistent with the safety of the crew and the vessel. Nothing in these controls is to be read as relieving Masters of their responsibility for the safety of the vessel.

3. Definitions

Ballast water - water, including its associated constituents (biological or otherwise), placed in a ship to increase the draft, change the trim or regulate stability. It includes associated sediments, whether within the water column or settled out in tanks, seachests, anchor lockers, plumbing, etc.

Inspector - an inspector under the Biosecurity Act 1993.

New Zealand waters - means:

• the internal waters of New Zealand; and
• the territorial sea of New Zealand.

Internal waters - means:

• harbours, estuaries, and other areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand; and
• rivers and other inland waters of New Zealand that are navigable by ships.

Territorial sea - the sea within 12 nautical miles of the seaward side of the baseline of the territorial sea of New Zealand. (See definition in section 3 of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977 for baseline.)

• 4.1 No ballast water may be discharged into New Zealand waters without the permission of an inspector.
• 4.2 An inspector will only permit ballast water to be discharged if satisfied that the Master has met one of the criteria in section 5 below.
• 4.3 TheVessel Ballast Reporting Form Water Declaration approved by the Ministry of Fisheries must be completed for all vessels and sent to MAF Quarantine with the Advance Notice of Arrival form whileon arrival in en-route to New Zealand. Part I must be completed for all vessels that can carry ballast water and Part 2, except for the discharges, must be completed for all vessels intending to discharge ballast in New Zealand. Permission to discharge ballast water is granted when an inspector signs and returns Part 1 of the declaration. Communications are generally via the ship's agent.
• 4.4 Part 1 and Part 2 originals will be collected by of the Vessel Ballast Reporting Form must be completed and submitted to an inspector at the last port of call in New Zealand when the discharges have been undertaken and details entered into the Part 2 form.
• 4.5 Sediment which has settled in ballast tanks, ballasted cargo holds, seachests, anchor lockers or other equipment must not be discharged into the sea, but must be taken to a landfill approved by an inspector. Please contact me if you have any problems. Let me know when the changes are up please.
  

5. Options for Satisfying an Inspector

Option 1
Demonstrating that either:

• the ballast water has been exchanged en route to New Zealand in areas free from coastal influences, preferably on the high seas. (Accepted techniques are either emptying and refilling ballast tanks / holds or pumping through the tanks a water volume equal to at least three times the tank capacity.); or
• the ballast water is fresh water (not more than 2.5 parts per thousand NaCl).

Option 2
Ballast water has been treated using an approved shipboard treatment system.

Note - there are presently no approved shipboard treatment systems.

Option 3
Ballast is discharged in an approved area or onshore treatment facility.

Note - there are presently no approved areas or onshore treatment facilities in New Zealand.

It is accepted that in some circumstances exchange may not be possible. An exemption will generally be granted by an inspector when it can be demonstrated that:

Exemption 1

• The weather conditions on the voyage in combination with the construction of the vessel have precluded safe ballast water exchange; and
• the ballast water was not loaded in any area listed in Annex 1.

Exemption 2

• The construction of the vessel has precluded ballast water exchange; and
• the ballast water was not loaded in any area listed in Annex 1.

7. Costs

The costs of inspection, analysis, identification, delays, and any other costs associated with this standard are the responsibility of the owner and/or charterer. These costs shall be actual, fair and reasonable.

8. Enquiries

Unless indicated to the contrary on communications concerning this import health standard, all enquiries should be addressed to:

The Policy Manager,
Marine Biosecurity
Ministry of Fisheries
PO Box 1020
Wellington
NEW ZEALAND

FAX: +64 4 470 2669

Annex 1

Areas listed in this annex are considered higher risk areas. For this reason, ballast water loaded in these areas may not be discharged into New Zealand waters under any circumstances. This list may be modified as additional information becomes available.

• Tasmania, Australia
• Port Philip Bay, Victoria, Australia

This IHS details the conditions that must be met before ballast water loaded in the territorial water of any other country may be discharged into New Zealand waters.

The IHS does not apply to: ballast water that will not be discharged in New Zealand waters; ballast water loaded in New Zealand waters; or emergency discharge of ballast water.

Nothing in the standard is to be read as relieving ship masters of their responsibility for the safety of the vessel, passengers and crew.

Filling in the Vessel Ballast Reporting Form
The Vessel Ballast Reporting Form must be completed by all vessels.

Part 1 will need to be completed before you can be granted permission to discharge ballast water.

Part 2 must be completed before you leave New Zealand waters. You must sign the bottom of Part 2.

Please complete all parts of sections 1, 2 and 4. If you have discharged ballast water, please complete section 3.

If you have any questions, please ask the Quarantine Inspector.

Offences and penalties
Providing incorrect information to an inspector is an offence under the Biosecurity Act 1993 section 154(b). It carries a penalty for individuals of up to 12 months imprisonment and/or a fine not exceeding NZ$15 000, and for corporations a fine not exceeding NZ$75 000.

Failure to obey the directions of an inspector is an offence under section 154(o). It carries a penalty for individuals of a fine not exceeding NZ$1 000, and for corporations a fine not exceeding NZ$15 000.

Obtaining information
Ship masters can communicate with Quarantine Inspectors prior to their arrival in New Zealand waters to determine requirements. Communications should be directed to nearest local Quarantine Service office or one of the following: