Maritime Transport Act 1994

Protection of marine environment from ballast water

246A: Meaning of ballast water, convention, and ship

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"What 'ballast water', 'convention', and 'ship' mean in the Maritime Transport Act 1994"

When you hear the term ballast water, it means water that a ship takes on board to stay stable and safe. This water can have tiny particles in it. You use ballast water to control the ship's position in the water and the stress on the ship. The term convention refers to the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004, which is mentioned in sections 271(2)(ca), 272(1)(aa), and 388(n). When you talk about a ship in this context, it means a ship as defined by the convention, and this definition is used in sections 197A, 246B to 246D, 271(2)(ca), 388(n), 396(3)(aa), and 397(2)(ca), and 397(3), and it also includes a ship as defined by the convention in sections 396(1)(c) and (3)(c) and 397(1) and (2)(d) to (g).

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246: Amount of fine or other monetary penalty recoverable from agent, or

"How much an agent must pay if a ship owner breaks the law and won't pay their fine"


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246B: Discharge from ships, or

"Rules for releasing water from ships to protect the ocean"

Part 19AProtection of marine environment from ballast water

246AMeaning of ballast water, convention, and ship

  1. Ballast water means water with its suspended matter taken on board a ship to control the ship's trim, list, draught, stability, or stresses.

  2. Convention means the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004, in—

  3. this section; and
    1. sections 271(2)(ca), 272(1)(aa), and 388(n).
      1. Ship

      2. means a ship within the meaning of the convention, in sections 197A, 246B to 246D, 271(2)(ca), 388(n), 396(3)(aa), 397(2)(ca), and 397(3):
        1. includes a ship within the meaning of the convention, in sections 396(1)(c) and (3)(c) and 397(1) and (2)(d) to (g).
          Notes
          • Section 246A: inserted, on , by section 86(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).