Compliance requirements
Inspections
EPA undertakes a compliance-monitoring program to assess ships compliance with the Victoria's domestic ballast water management arrangements. All ships entering Victorian State waters may be subject to compliance inspections that are undertaken on a random basis. Compliance inspections are undertaken on a 24-hour basis and as soon as practicable after the ship has entered port.
EPA uses enforcement powers to deal with ships that have failed to manage domestic ballast water in accordance with these arrangements.
Non-compliance
Under the Environment Protection (Ships' Ballast Water) Regulations 2006, there are penalties for ships if they do not comply with the Victorian ballast water requirements.
However, if due to safety or structural limitations, ships are not able to fully comply with the domestic ballast water arrangements, some special arrangements may apply.
If, on a particular voyage, a ship cannot comply with domestic ballast water management arrangements (for example poor weather) the ship's owner or master must contact EPA immediately and demonstrate prior to entering Victorian State waters that the ship cannot comply on that voyage. EPA, in consultation with the ship's master, may determine alternative arrangements for the management of that ship's ballast water.
Environment improvement plan
If non-compliance is an ongoing issue for the ship, there will be further requirements. Non-compliant ships that operate on a regular basis must develop and implement an Environment Improvement Plan (EIP) – a tool under the Environment Protection Act 1970 in accordance with EPA Guidelines for the Preparation of Environment Improvement Plans (Adobe PDF file, 561KB).
This EIP must include a specific assessment of the ship's design by a classification society and identify actions to be implemented to comply with the Waste Management Policy (Ships' Ballast Water) and include contingency plans.
To date, all ships have been able to comply with this policy. EPA will work with any non-compliant ships to identify and implement alternative arrangements for ballast water management.