Media releases

EPA enforcement action for February 2014

20 Mar 2014

For the first time since 2009 EPA Victoria issued Penalty Infringement Notices
(PINs) and Official Warnings (OWs) for ballast water offences in line with its
Compliance and Enforcement Policy.

Vessel Iver Excel discharged domestic ballast from Sydney into Victorian State
Waters without written permission. This illegal discharge was in contravention
of Section 7(1) of the Environment Protection (Ships’ Ballast Water)
Regulations 2006. A PIN was issued to the master and to the owner of the
vessel.

Official Warnings have also been issued to the Coral Sea for a discharge of
ballast water without written permission and also to the Leonardo Lembo for
failure to submit forms for a visit to a Victorian port.

Manager Regulatory Programs Tim Faragher said that EPA’s Ballast Water
Regulations exist to protect our marine water from the threat of invasive
marine pests.

“Ships are required to report about their ballast water prior to berthing at a
Victorian port and must obtain EPA approval for any discharge of domestic
ballast sourced from any other domestic port or within 12 nautical miles of the
Australian coastline,” he said.

“High-risk ballast water must be adequately exchanged at sea before a discharge
can occur. In both these instances of discharge the ships involved undertook
exchanges within 12 nm of the Victorian Coast. It is important that the
shipping industry does not take shortcuts in the way they meet the obligations
regarding management of ballast water.”

Further to this one Penalty Infringement Notice and five Official Warnings were
issued to licence holders for late submission of their Annual Performance
Statement (APS).

An APS is a fundamental requirement of having an EPA licence. It is a public
declaration of the company’s performance against their licence requirement for
the financial year. It is important that companies submit their APS in a timely
and accurate manner. EPA is currently undertaking audits of selected APS
statements to check their accuracy.

The purpose of these sanctions is to act as a deterrent against reoffending,
and reminds business owners and individuals of their environmental
responsibilities.

Sanctions range from an Official Warning or Penalty Infringement Notice
(ranging from $722 to $7042) to a license/permit suspension, enforceable
undertaking, prosecution or even a permanent revocation for the worst
offenders.

ENDS.

Page last updated on 20 Mar 2014