8.1 THE ROLE OF THE COMMONWEALTH IN BALLAST WATER MANAGEMENT IN VICTORIA

The Australian Quarantine and Inspection Service (AQIS) is the lead Commonwealth agency for the management of ballast water issues, including policy development, implementation of a strategic research plan, and quarantine operations. The Australian Government has responded to the ballast water problem by treating it as a quarantine issue.

AQIS is currently implementing the Australian Ballast Water Management Strategy³⁶⁹ The broad objectives of the Strategy are to:

...bring together the many sectoral interests involved;

and to ensure that;

...this issue, which is of international and national concern, is accorded the priority it deserves and is managed in a coordinated manner³⁷⁰

More specifically, the Strategy includes³⁷¹

1. The appointment of the Australian Ballast Water Management Advisory Council (ABWMAC) to advise the Federal Minister for Primary Industries and Energy and AQIS on ballast water management, including:

· the development and implementation of the Strategic Ballast Water Research Program by ABWMAC and its Research Advisory Group (RAG);

· liaison with the International Maritime Organisation (IMO) Marine Environment Protection Committee (MEPC) to develop a ballast water Annex to the MARPOL Convention; and

· development of management policies to minimise the risk of organism transfer of marine organisms via ships' ballast and hulls.

2. Development of a risk assessment based Decision Support System (DSS) as an outcome of the Strategic Ballast Water Research Program.

3. An endorsement of AQIS as the lead Commonwealth agency for ballast water issues, including implementation of the Research Program and monitoring of compliance by international shipping with the voluntary International and Australian Guidelines.

The research program commenced in May 1996 and focuses on the introduction of a Decision Support System (DSS) based on a risk assessment methodology. At this stage it is intended that the DSS will be available for risk assessment and management of ballast from international vessels, with the suggestion that the states and territories fund their own access to the system for domestic shipping³⁷²

TABLE 18

Key regulatory, research and advisory, and industry bodies involved in ballast water management

	Regulatory	Research and Advisory	Industry
International	· International Maritime Organisation (IMO)	· IMO Australian Delegation
National	· Australian Quarantine and Inspection Service (AQIS) · Australian Maritime Safety Authority (AMSA) · Environment Australia	· Australian Ballast Water Management Advisory Council (ABWMAC) · Coastal Ballast Water Guidelines Working Group (CBWGWG) · Commonwealth Scientific Investigation & Research Organisation's Centre for Research into the Introduction of Marine Pests CSIRO (CRIMP) · Agricultural and Resource Management Council of Australia and New Zealand (ARMCANZ) · ARMCANZ's Standing Committee on Agriculture & Resource Management (SCARM) · Standing Committee on Fisheries and Aquaculture (SCFA) · Australia & New Zealand Environmental Conservation Council (ANZECC)	· The Association of Australian Ports and Marine Authorities Inc (AAPMA) · Australian Shipowners' Association (ASA) · Australian Chamber of Shipping (ACOS) · Minerals Council of Australia (MCA) · Australian Aquaculture Council (AAC) · Australian Seafood Industry Council (ASIC)
Victoria	· Department of Natural Resources & Environment (DNRE) · Environment Protection Authority (EPA)	· Victorian Ballast Water Committee (VBBC) · Marine and Freshwater Resources Institute (MAFRI) · Health & Community Services (HCS)	· Victorian Channels Authority (VCA), Port of Melbourne Authority, Port of Geelong Authority, TNT Westernport (Port of Hastings), TNT Portland. · Victorian Fishing Industry Federation (VFIF)

TABLE 19

Ballast water activities - indicative only

Date	International	National	Victoria
1970s	Toxic dinoflagellate blooms on Swedish West Coast resulted in closure of mussel farms.	Australian Museum published articles on the introduction of exotic marine species.
1973	IMO identified ballast as an issue during preparation of MARPOL 73.
1978	IMO again noted ballast as an issue of concern in MARPOL 73/78.
1980s	Comb jellyfish introduced via ballast into Black and Azov seas. By 1990, fishing industries had collapsed and marine ecosystem was degraded.
1986			Toxic algal bloom prevented shellfish collection in Hobsons Bay.
1987			Bitter taste algal bloom closed aquaculture industry in Corio Bay.
1988			Sabella first recorded in Corio Arm, now well established in Port Phillip Bay.
1989			Issue first raised in Victorian Parliament and referred to the EPA.
May 1989	Canada introduced voluntary guidelines to control ballast discharge following zebra mussel introduction to the Great Lakes.
Mar 1990	Recommendation made by AQIS to MEPC that ballast issues be addressed internationally.	AQIS introduced Australian Ballast Water Management Guidelines for international shipping. AQIS forms Scientific Working Group.

Date	International	National	Victoria
Nov 1990	MEPC Working Group formed.
Nov 1990	United States introduced Non-indigenous Aquatic Nuisance Control Act 1990 in response to zebra mussel incursion in the Great Lakes.
Mar 1991	North American US Coast Guard and Canadian Government issued voluntary guidelines to vessels visiting the Great Lakes.
July 1991	IMO adopted MEPC recommendation that voluntary guidelines be accepted and research into ballast issues be conducted by Member states. Ballast Water Annexe recommended to MARPOL .
Summer 1991			Toxic algal bloom in Hobsons Bay.
1992			Study showed all western Victorian ports contaminated with paralytic shellfish poisoning (PSP) toxins from toxic dinoflagellates.
Summer 1992			Toxic algal bloom in Hobsons Bay.
Winter 1992			Ban placed on shellfish from Lorne due to contamination with PSP toxins from toxic algae.

Date	International	National	Victoria
May 1993	North American and US Coast Guard Voluntary Guidelines for Great Lakes became mandatory - first regulatory approach world wide.
Aug 1993	MEPC study noted poor compliance with ballast water guidelines. An education and information campaign was introduced.
Oct 1993	New Zealand introduced Biosecurity Act 1993, similar to Australian Quarantine Act 1908 but more focused on dealing with issues such as ballast discharge.
Nov 1993	IMO endorsed MEPC recommendation that voluntary guidelines be included as an Annex to MARPOL .
Late 1993			First coordinated meeting of Victorian agencies on domestic ballast issues. Representatives from DNRE (Fisheries), EPA and Ports.
April 1994		AQIS, through ARMCANZ formed a working group to progress domestic ballast water Guidelines.

Date	International	National	Victoria
May 1994		National Ballast Water Symposium hosted by AQIS.
Oct  1994			Bitter taste algal bloom in Corio Arm of Port Phillip Bay.
Nov  1994		AQIS released Draft Australian Ballast Water Management Strategy and Draft Coastal Ballast Water Guidelines.	Release of Environment and Natural Resources Committee's (ENRC) report on Commonwealth Activities and Places _ recommended that ENRC conduct an inquiry into ballast water in Victoria.
Dec  1994		Government allocated $1.4m for research into marine pests _ CRIMP (CSIRO) is established.
Feb  1995		Formation of Northern Pacific Sea Star Taskforce (Tasmania). Formation of Interim Ballast Water Management Advisory Council (IBWMAC). Release of State of the Marine Environment Report which included reference to ballast water impacts.
Mar 1995		ANZECC released a discussion paper on Maritime Accidents and Pollution which included ballast water and hull fouling issues.
Apr 1995			Release of Land Conservation Council Marine and Coastal Special Investigation proposed recommendations _ includes ballast water comments. Draft final recommendations released August 1996.

Date	International	National	Victoria
May 1995		Government released Living on the Coast policy to facilitate sustainable resource use and coordinated management of the marine and coastal zone.
July 1995		Senate Environment, Recreation, Communication and the Arts Committee commenced Marine Pollution Inquiry.
August 1995			Northern Pacific sea star discovered in Port Phillip Bay, further specimens subsequently found.
March & June 1995		Wide spread pilchard kills in Australia and NZ highlighted problems of pest and disease incursions in the aquatic environment.
Sept 1995			Ballast Water Terms of Reference referred to Environment and Natural Resources Committee.
Sept 1995			Formation of Ballast Water Coordination Committee comprising officers from DNRE, EPA, Premier and Cabinet, Ports and Harbours, Health and Community Services and Land Conservation Council to coordinate responses to ENRC's Inquiry.
Nov 1995		Final IABWMAC meeting approved Australian Ballast Water Management Strategy.
Dec 1995		IABWMAC released Australian Ballast Water Management Strategy which included a Strategic Ballast Water Research Program.

Date	International	National	Victoria
1996		ANZECC released its final report, Working together to reduce impacts from shipping operations: ANZECC strategy to protect the marine environment.
Jan 1996	Ministry of Transport, Israel, advised that all ships entering Israeli ports must exchange their ballast, legislation pending.
Feb 1996		National Ballast Water Advisory Council was established.	52nd Parliament dissolved, Environment and Natural Resources Committee's Ballast Water Inquiry lapsed.
May 1996		Strategic Ballast Water Research Program commenced.
June 1996		ABWMAC was permanently appointed by Minister for Primary Industries and Energy.	Ballast water Terms of Reference re-issued to Environment and Natural Resources Committee of the 53rd Parliament.
July 1996	IMO Working group on ballast water developed guidelines and regulations to form Draft MARPOL Annex.	Western Australian port authorities turned away a vessel from Tasmania __order to re-ballast in open water.	EPA issued Pollution Abatement Notice to prevent ballast discharge from vessel suspected of carrying contaminated ballast from Tasmania. Final Report of the Port Phillip Bay Environment Study. The report identified introduced species (such as Sabella) as a major threat to the health of the Bay.
Aug 1996		Aquatic Animal Disease Contingency Planning Workshop _ SCARM Pests and Diseases Task Force.	Japanese kelp first recorded in Point Wilson to Kirks Point region of Port Phillip Bay.

Date	International	National	Victoria
Sept 1996	IMO Working Group on Ballast Water convened during MEPC 38. Draft Guidelines for Annexe to MARPOL presented to Secretariat for consideration.
Oct 1996	United States National Invasive Species Act 1996 introduced to enable effective ballast water management.		AQIS listed target pest Codium fragile tomentosoides (Codium) recorded in Corner Inlet.
Nov 1996		Australian Coastal Voyage Ballast Water Management Guidelines adopted by ABWMAC.	Following ENRC visit to Hobart, a joint Tasmanian Victorian Ballast Water Committee Meeting was convened in Hobart to discuss ballast water issues.
Jan 1997			Code of Practice for Hull Cleaning in Victorian ports introduced by Victorian Channels Authority.
Mar 1997			Port of Portland survey released by MAFRI __Exotic Marine Pests in Portland Harbour & Environs.
Aug 1997			Quarantine of Japanese kelp infested area off Point Wilson. Trial hand pulling undertaken with a view to containing the kelp.
Sep 1997			Results of survey of Port of Hastings due to be released by MAFRI.

As part of its Ballast Water Program, AQIS also provides administrative support to ABWMAC and its Research Advisory Group, and the Coastal Voyage Ballast Water Management Guidelines Working Group.

8.1.1 Management of ballast from international shipping

Australia has been at the forefront of international action to prevent the translocation of marine organisms in ballast water. In 1990, AQIS introduced the Australian Ballast Water Management Guidelines for international shipping visiting Australia. These were followed in 1991 by the IMO International Ballast Water Management Guidelines which were modelled on the Australian Guidelines. The Australian voluntary Guidelines recommend ballast management procedures which include³⁷³

· Ballast Uptake: ships are advised that the uptake of sediment with ballast water should be minimised and that only clean ballast water should be taken on-board. In addition, ships are advised that where practicable, they should endeavour to avoid taking on ballast in shallow water areas, in the vicinity of dredging operations or in areas known to have outbreaks of disease such as cholera, or where a phytoplankton bloom is occurring.

· Exchange of Ballast at Sea: vessels are advised that full exchange of ballast water in deep water offers a means of limiting the probability that fresh water or coastal species will be translocated in ballast water. Where it is not possible to exchange ballast by `re-ballasting', a `flow-through' exchange may be an acceptable alternative.

· Control of Ballast Tank Sediment: ships are advised that under no circumstances should sediment from tank or hold cleaning or stripping be disposed of in Australian waters.

AQIS monitors compliance with the voluntary Guidelines through Pratique (health clearance) and a Ballast Water Sampling and Testing Program.

International vessels must obtain Pratique from AQIS before permission is granted to berth at an Australian port. The Pratique form includes questions relating to ballast water such as: whether the vessel intends to discharge ballast; and if so, has the vessel exchanged its ballast water.

The AQIS Ballast Water Sampling and Testing Program is operated on a targeted and random basis. The ballast water of international ships may be tested at a vessel's first Australian port of call. If an international vessel does not intend to discharge ballast at its first port of call, but subsequently discharges ballast at another Australian port, the discharge is not monitored by AQIS Pratique.

Ballast water samples are taken and sent to the Australian Government Analytical Laboratory (AGAL) for analysis. Results from tests take from 4 days (for urgent requests) to as long as 2 weeks (for routine analysis). At present, testing is limited to cholera (Vibrio cholerae) and selected species of dinoflagellates because testing methods are not sufficiently advanced to enable detection of other target species³⁷⁴ The Committee notes that there may be up to 7500 individual species in the ballast tank of a vessel coming from overseas³⁷⁵ The AQIS research program is currently developing testing techniques for approximately six target species³⁷⁶ The proposed ballast water testing will therefore be highly organisms specific, focusing only on target species.

AQIS is also investigating the use of rapid diagnostic testing on-board vessels to detect the presence of toxic dinoflagellates. The cost of such testing is approximately $3500 per test³⁷⁷ To date, one vessel has been tested using this method³⁷⁸

In 1995/96, AQIS tested the ballast of approximately 468 international ships, 19 of which were visiting Victoria³⁷⁹ The number of ships tested in each Victorian port was: Melbourne 2, Geelong 9, Portland 8, Hastings 0. Given that in 1995/96, 1865 international ship visits were made to the Port of Melbourne alone³⁸⁰ the Committee believes that current levels of ballast water testing by AQIS in Victorian ports cannot be considered sufficient either to monitor or to manage compliance with Australian (International) ballast water management Guidelines.

Data collected by AQIS through its Pratique form indicated that of the total number of international ships visiting Australian ports during 1995/96, approximately 36% did not discharge ballast water and, of the remaining vessels, 88% exchanged their ballast at sea³⁸¹ Other audits carried out by AQIS have indicated that between 73%³⁸²and 87%³⁸³of international ships comply with the Australian (International) Guidelines.

The current voluntary Guidelines rely on the honesty of ships' masters both when completing the Pratique form and for logbook certification of time and co-ordinates when re-ballasting took place. Evidence submitted to the Committee has suggested that ships' logs are difficult to verify³⁸⁴ and AQIS itself "intuitively" feels that compliance data figures are too high, and is working on ways to check them in the future³⁸⁵ The Committee therefore believes that AQIS data may overstate actual compliance levels.

AQIS also invites the shipping industry to enter into ballast water compliance assurance agreements³⁸⁶ Ships' masters who enter such agreements make a commitment to comply with the Australian (International) Guidelines. At the present time, 36 vessels have signed compliance assurance agreements³⁸⁷

The Committee observes, that up to the date of this report, AQIS has not prevented any ship in any Australian port from discharging ballast water.

8.1.2 Findings

Evidence and opinion that has informed this Inquiry has led the Committee to draw certain findings. These are:

As the lead Commonwealth agency for the management of ballast water issues, AQIS has been at the forefront nationally and internationally in encouraging the introduction of ship ballast management practices to reduce the risks of exotic marine organism translocation. Nationally, AQIS have been responsible for policy development, implementation of a strategic research plan, and quarantine operations. The Committee is aware of the difficulties and constraints under which AQIS operates, and no criticism of AQIS's activity is intended or implied in the observations made or conclusions reached by the Committee.

· AQIS ballast water testing does not currently serve a regulatory function, rather it monitors compliance with voluntary Australian (International) Guidelines.

· The testing program does not facilitate a pre-emptive approach to ballast management. Ships have usually discharged their ballast and moved to their next destination before results of tests are known.

· AQIS tests only for dinoflagellates and cholera species. Current testing methods and regimes cannot be considered sufficient for monitoring or regulating all Australian or Victorian ballast water discharges.

· AQIS data for compliance auditing may overstate actual compliance levels.

· The Committee questions whether the small number of vessels actually tested in Victorian ports is sufficiently comprehensive to provide a reliable picture of compliance with Australian (International) Guidelines.

The implementation of the voluntary guidelines relies solely on the goodwill and honesty of the shipowners and masters of every vessel visiting Australian ports. The Committee notes that the level of cooperation from the shipping industry in the ballast water issue has been extremely high, but also acknowledges that ballast water exchange requires effort and resources on the part of shipowners and masters. With neither incentives for compliance, nor penalties for non-compliance, the Committee believes that compliance with the current voluntary guidelines is unlikely to be a priority for all vessels entering Victorian ports. There is potential, therefore, for an improved, more effective level of ballast water management in Victoria.