- Laws of Fiji

[MAT 40,045] Obligations of owners and masters9

(1) The owner, master or agent of any ship to which these Regulations apply, shall—

(a)ensure that a Plan has been prepared for the ship and is kept on board and implemented at all times, in accordance with regulation B-1 of the Annex as prescribed in Schedule 2;
(b)ensure that a ballast water record book complying with regulation B-2 of the Annex as prescribed in Schedule 6—
- (i)is maintained and kept on board at all times;
- (ii)records all entries for a minimum period of 2 years prior to the current date;
- (iii)is kept in the owner’s control for a minimum period of 3 years after the record book is full;
- (iv)contains entries as required by regulation B-3.3, B-3.5 and B-4 of the Annex as prescribed in Schedule 2; and
- (v)is kept readily available for inspection at all reasonable times, and in the case of an unmanned ship under tow it may be kept on the towing ships.
(c)ensure that officers and crew are familiar with their duties in relation to the implementation of ballast water management relevant to the ships on which they serve, and are familiar with the ship’s Ballast Water Management Plan, as it applies to their specific duties;
(d)ensure that the condition of the ship and its equipment, systems and processes are maintained so as to comply with these Regulations and the provisions of the Convention, to ensure that the ship remains fit to proceed to sea without posing a threat of harm to the environment, human health, property or resources;
(e)after any survey of a ship under these Regulations has been completed, ensure that no change is to be made in the structure and any equipment, fittings, arrangements or material associated with the ship’s Ballast Water Management, without the prior approval of the Chief Executive Officer, except where the replacement of such equipment or fittings with identical items is undertaken;
(f)provide a full report as soon as practicable to the Chief Executive Officer of any accident which occurs to a ship or when a defect is discovered which affects or impacts the ability of the ships to conduct Ballast Water Management in accordance with its Ballast Water Management Plan, and the Convention or these Regulations;
(g)provide a report to the Chief Executive Officer as soon as possible after any ballast water is discharged from the ships into Fiji waters that does not comply with any requirement of these Regulations or the Convention, and provide such further information in relation to the discharge as may be required by the Chief Executive Officer; and
(h)carry out investigations to determine whether a survey is necessary after an accident, incident or mishap has occurred or such a defect is discovered, and provide a report to the Chief Executive Officer in relation to such matters.

(2) Each Plan shall—

(a)provide in detail safety procedures for the ships, and its crew who have responsibilities for the management of ballast water;
(b)provide a detailed description of the actions to be taken to implement Ballast Water Management and supplemental Ballast Water Management practices in accordance with the Convention;
(c)provide detailed procedures for the disposal of sediments at sea and on shore which comply with the requirements of these Regulations and the Convention;
(d)designate officers and crew with responsibilities for implementing the Plan and observing the requirements of these Regulations and the Convention;
(e)specify appropriate reporting responsibilities and procedures; and
(f)be written in the English language, with an English translation provided if it is written in a language other than English.