Complying with ballast water requirements when undertaking a one-off international voyage
Background
Part 300 and the Maritime Transport Act 1994 (MTA) implements the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention).
The requirements aim to protect New Zealand’s marine environment from harmful organisms and pathogens. These organisms threaten the conservation and sustainable use of marine biological diversity and resources. Once harmful aquatic organisms establish, they can potentially have severe impacts on the environment, property and resources, and options for control are often limited and ineffective. Ballast water can also harbour pathogens that present a risk to human health.
Read Part 300 of the Marine Protection Rule
What are the requirements of Part 300?
There are requirements in part 300 for ships that are:
- designed or constructed to carry ballast water and
- on an international voyage which means a journey by water from,
- a port in New Zealand to a port outside of New Zealand or vice versa or
- for a New Zealand ship, a port outside New Zealand to another port outside New Zealand
The requirements do not apply to warships or permanent ballast water carried in sealed tanks.
What does designed or constructed to carry ballast water mean?
A ship designed or constructed to carry ballast water is a ship that is designed or constructed to carry water on board for the purpose of controlling its stability including trim, list, draught, or stresses. This includes ships that use multi-use tanks.
A multi-use tank includes fishing ships that use refrigerated sea water tanks (RSW) when on a non-fishing voyage or other multi-use tanks such as anti-roll tanks, for stability including trim, list, draught or stresses.
Read more about Maritime NZ position around fishing vessels on an international voyage
What are you required to do?
Ships whose flag State is a Party to the BWM Convention (which includes New Zealand ships) are required to have the following documentation on board:
- for ships 400GT or more, a valid International Ballast Water Management Certificate (IBWMC)
- approved Ballast Water Management Plan
- Ballast Water Record Book.
Ships whose flag State is not a Party to the BWM Convention are required to have the following documentation on board:
- for ships 400GT or more, a valid International Ballast Water Management Document (IBWM document). Approach your flag, or recognised organisation (RO) working on behalf of your flag to survey your ship for this document. We recommend doing this well ahead of any planned voyage to New Zealand.
- Ballast Water Management Plan
- Ballast Water Record Book
All of these ships’ ballast water management systems must also have been approved by their administration. This will usually be evidenced by the IBWM Certificate or Document.
Pleasure craft of less than 50m with a maximum ballast capacity of 8 cubic metres or less and any ships specified by the Director may follow the Director’s guidelines for ballast water management equivalence compliance instead of Part 300.
Do I need to install costly treatment equipment?
All ships[1] by 8 September 2024 must meet the D-2 performance standard set out in part 300.140. This standard involves treatment of ballast water before discharge to kill or reduce the number and size of viable organisms or concentrations of pathogens. The date by which ships need to meet the D-2 standard varies. To see how this applies to you, refer to Appendix A in Part 300.
If your normal operations do not require you to manage your ballast water, for example if you only operate in waters under the jurisdiction of your flag, alternative options are available:
- use and provide evidence of certified potable drinking water as ballast water, or
- discharge ballast water to a suitable reception facility on arrival, or
- apply to Maritime New Zealand for an exemption from D-2 performance standard, to perform exchange to the D-1 standard instead.
We recommend following guidance from the International Maritime Organization BWM.2/Circ.52/Rev.1 when planning to undertake a one-off international voyage, and to ensure elimination of any biosecurity risk from remaining sediments.
Regardless of your ballast water management method, you still need documentation. The method must be detailed and described in your approved ballast water management plan.
[1] Excluding ships which meet equivalent standards per subpart H of Part 300 and ships which discharge ballast at reception facilities (see Marine Protection Rules 300.100(1) and 300.103(1)).
Using certified potable drinking water as ballast water
Potable drinking water that comes from a treated reticulated municipal water supply fit for human consumption is a way to meet the D-2 standard. Make sure you obtain a receipt when receiving the water on board your ship, as you may be required to provide evidence that it meets the D-2 performance standard in Part 300.140.
If you have an on-board water maker, you cannot use it to meet the D2-standard unless the equipment is type approved by your Administration.
If you have a New Zealand ship voyaging to foreign jurisdictions, you should seek approval from the destination state(s) before doing this.
Discharging ballast water to a suitable reception facility upon arrival
Rule 300.100(1) allows a ship to discharge its ballast water to a reception facility. Before doing this, you need confirmation from the Ministry of Primary Industries (MPI) that the facility is suitable for receiving your ballast water.
Applying for an exemption
You are able to apply for an exemption from the D-2 performance standard to perform exchange to the D-1 standard instead.
More information
Marine Protection Rule Part 300 Marine Protection Rule Part 100