Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 278

Discharge to ballast water reception facility--application for approval

             (1)  An application may be made, in accordance with the determination under section 308A, for the Director of Biosecurity to approve:

                     (a)  one or more discharges of ballast water to a ballast water reception facility in Australian territory; and

                     (b)  the manner in which the ballast water is to be treated or disposed of at the facility.

Note:          An application fee may be required (see paragraph 592(4)(b)).

             (2)  The Director of Biosecurity may, by written notice to the applicant:

                     (a)  grant the approval; or

                     (b)  refuse to grant the approval.

Note:          A decision to refuse to grant an approval is a reviewable decision (see Part 1 of Chapter 11).

             (3)  The Director of Biosecurity:

                     (a)  must make a decision under subsection (2) in accordance with the determination under section 308A; and

                     (b)  must not approve a manner of treating or disposing of the ballast water that would contravene a law of a State or Territory.

Note:          For the relationship between this Chapter and State and Territory laws, see section 265.

             (4)  The Director of Biosecurity must make a decision and give notice under subsection (2) before the end of 28 days after the application was made.

             (5)  If the Director of Biosecurity does not give notice under subsection (2) within the 28-day period referred to in subsection (4), the Director is taken to have refused to grant the approval at the end of that period.

Director of Biosecurity may require further information

             (6)  The Director of Biosecurity may, by written notice, require a person who has made an application under subsection (1) to give the Director further information about the application.

             (7)  If a notice is given under subsection (6):

                     (a)  the 28-day period referred to in subsection (4) stops on the day the notice is given; and

                     (b)  that period begins again on the day after the information is given to the Director.



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