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BALLAST WATER MANAGEMENT ACT — 법갈피

영문법령 / BALLAST WATER MANAGEMENT ACT

BALLAST WATER MANAGEMENT ACT

법률일부개정시행 2024-04-25해양수산부 · 제19771호 · 공포 2023-10-24

CHAPTER I GENERAL PROVISION

Article 1(Purpose) #

The purpose of this Act is to contribute to the control of the infusion of harmful aquatic organisms into the Republic of Korea and the conservation of the marine ecosystem through the management of ships' ballast water and sediments therefrom to ensure the effective treatment, exchange, uptake, and discharge of such ballast water.

Article 2(Definitions) #

The terms defined in this Act shall be as follows: <Amended on Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018; Feb. 18, 2020>

1. The term "ship" means a ship defined in subparagraph 1 of Article 2 of the Ship Safety Act;

1-2. The term “gross tonnage” means the international gross tonnage under Article 3 (1) 1 of the Ship Act;

2. The term "ships' ballast water" means water taken on board a ship to control the trim of the ship (including matter dissolved in, or aquatic organisms and pathogens inhabiting, the water);

3. The term "sediment" means matter taken into a ship in the course of taking up ballast water into the ship and settled out of the ballast water or matter left over within the ship after ballast water is discharged;

4. The term "treatment" means to remove, or render harmless, otherwise harmful aquatic organisms by a mechanical, physical, chemical, or biological method;

5. The term "exchange" means to exchange the ballast water loaded on board a ship with water outside of the ship;

6. The term "uptake" means to take up ballast water from outside of a ship into the ship;

7. The term "discharge" means to release ballast water or sediment from the inside of a ship to the outside of the ship: Provided, That excluded herefrom are those related to survey and research for scientific purposes;

8. The term "harmful aquatic organism" means an aquatic organism or a pathogen which, if introduced into waters, such as any river, lake, marsh, or sea, may have hazardous impact on the natural environment, human beings, property, or the diversity of aquatic organisms, or may interfere with the use and development of such waters;

Article 3(Scope of Application) #

(1) This Act shall apply to the ships of the Republic of Korea that fall under Article 2 of the Ship Act (hereinafter referred to as "ships of the Republic of Korea") and that operate for international navigation (including floating marine structures among ships under subparagraph 1 of Article 2 of the Ship Safety Act).

(2) This Act shall apply to any ship, other than ships of the Republic of Korea, that operates for international navigation (hereinafter referred to as "foreign ship") and that navigates through, or is moored on, jurisdictional waters: Provided, That Articles 9 (1), 11 through 16, 27, 29, 30, and 32 shall not apply to any foreign ship.

(3) Notwithstanding paragraphs (1) and (2), the application of this Act to any of the following ships may be, entirely or partially, waived or relaxed, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Dec. 31, 2018; Feb. 18, 2020>

1. A ship not constructed to carry ballast water;

2. A warship, a naval auxiliary, a ship for police purposes, or a ship owned or operated by the State or a local government, used for non-commercial purposes only;

3. A small ship satisfying all of the following:

(a) A ship with a length of less than 50 meters, the dimensions of which are prescribed by Ordinance of the Ministry of Oceans and Fisheries;

(b) A ship for the purpose of search, racing, etc., prescribed by Ordinance of the Ministry of Oceans and Fisheries;

4. A ship falling under an agreement, if any, between the Government of the Republic of Korea and a foreign government, which falls within the scope of application of this Act;

5. A ship used in any emergency situation specified by Ordinance of the Ministry of Oceans and Fisheries, such as rescue of victims of shipwrecks;

6. A ship equipped with facilities for the management of ballast water provided for in Article 8-2 in order to develop, test, or evaluate new technology for the management of ballast water;

7. A ship loaded with permanent ballast water in sealed ballast water tanks (referring to tanks of a ship that contain ballast water; hereinafter the same shall apply);

8. A ship which discharges ballast water it took on in open seas and sediments in open seas;

9. A ship which discharges the whole of ballast water and sediments exclusively in the same sea area as the location from which the whole of the ballast water taken: Provided, That no mixing of unmanaged ballast water or sediments taken from another location shall take place;

10. A foreign ship which merely navigates the jurisdictional waters of the Republic of Korea;

11. Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries according to the determination of the International Maritime Organization.

Article 6(Prohibition against Discharge of Ships' Ballast Water) #

No owner of a ship (referring to the charterer of a ship, if the ship has been chartered; hereinafter the same shall apply) shall discharge any ship's ballast water or sediments therefrom within the jurisdictional waters: Provided, That the foregoing shall not apply in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Dec. 31, 2018>

1. Where a ship equipped with facilities for exchange of the ship’s ballast water under Article 8 (1) exchanges or takes up the ship's ballast water at any waters specified by Ordinance of the Ministry of Oceans and Fisheries and discharges such water in accordance with the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the exchange methods referred to in the main sentence can be used by the time limit specified by Ordinance of the Ministry of Oceans and Fisheries;

2. Where harmful aquatic organisms contained in the ship's ballast water or sediments therefrom have been treated in conformity with the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries;

3. Where a ship's ballast water or sediments therefrom are discharged to the disposal facility of any disposal services provider of ships' ballast water under Article 21 or which is designated by a foreign government that is a party to the International Convention;

4. Where a ship’s ballast water, which is not exchanged since the captain of the ship determines that exchanging of the ship’s ballast water may be a threat to the safety of the ship due to any unavoidable cause, such as rough weather or equipment failure, is discharged by the method publicly notified by the Minister of Oceans and Fisheries;

5. Where a ship’s ballast water is discharged by the method approved by the relevant international organization or the method prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than cases falling under subparagraphs 1 and 2.

Article 17(Type Approval and Examination) #

(1) Any person who intends to manufacture or import a ship's ballast water treatment system shall obtain approval from the Minister of Oceans and Fisheries for its type (hereinafter referred to as "type approval"). <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) Any person who intends to obtain type approval shall, in advance, pass the type approval test under the following classification. In such cases, the standards necessary for the type approval test shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014>

1. Conformance test: A test to verify whether design, structure, operation, and functions conform with this Act and are appropriate for the sailing of a ship;

2. Environmental test: A test to verify whether electric and electronic components are suitably maintained and operated under the environment of a ship;

3. Ground test: A test conducted in facilities for ground tests publicly notified by the Minister of Oceans and Fisheries to verify whether it complies with the treatment criteria prescribed in subparagraph 2 of Article 6;

4. On board test: A test conducted on board in the actual dimensions of a ballast water treatment system completed to verify whether it complies with the treatment criteria prescribed in subparagraph 2 of Article 6.

(3) Notwithstanding paragraph (2), where any person intends to obtain new type approval following change of the normal treatment capacities of a ballast water treatment system which has previously obtained type approval (excluding where ballast water treatment systems are connected in series, using treatment substances), the test for the relevant ballast water treatment system (hereinafter referred to as “same type treatment system”) may be substituted with the type approval test prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such case, the criteria necessary for the type approval test shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014>

(4) Notwithstanding paragraph (1), a person who has passed the type approval test of a foreign government recognized and publicly notified by the Minister of Oceans and Fisheries or a test institution accredited by the relevant foreign government to have the test standards at least equivalent to those determined by Ordinance of the Ministry of Oceans and Fisheries may be fully or partially exempted from the type approval tests under paragraphs (2) and (3) and the latter part of paragraph (6). <Newly Inserted on Mar. 21, 2017; Dec. 31, 2018; Feb. 18, 2020>

(5) The Minister of Oceans and Fisheries shall issue a type approval certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to each person who has passed the type approval test under paragraphs (2) and (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018>

(6) Any person who receives type approval and intends to change any matter for which type approval was granted shall obtain approval from the Minister of Oceans and Fisheries for such change. In such cases, if the intended change affects the performance thereof and falls under changes publicly notified by the Minister of Oceans and Fisheries, the person shall undergo all or part of the type approval test under paragraph (2) separately for the changed part. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017>

(7) Any person who has obtained type approval or approval for change under paragraphs (1) through (6) shall undergo an examination by the Minister of Oceans and Fisheries as for the relevant ballast water treatment system in accordance with the examination standards prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017; Oct. 24, 2023>

(8) The Minister of Oceans and Fisheries shall issue an examination certificate to any person who has passed the examination under paragraph (7) and shall affix a mark indicating that the ship's ballast water treatment system has passed the examination. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017>

(9) Matters necessary for type approval, type approval tests, the issuance of type approval certificates, approval for change, examination, the issuance of examination certificates, the indication of passing the examination, and other relevant matters under paragraphs (1) through (8) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017>

Article 19(Designation of Testing Institutions for Type Approval) #

(1) The Minister of Oceans and Fisheries shall designate a person who meets the designation standards for testing equipment in possession, the certification and maintenance of the quality management system, and other relevant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries as a testing institution that shall conduct type approval tests under Article 17 (2) (hereinafter referred to as "testing institution for type approval"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014>

(2) Any person who intends to be designated as a testing institution for type approval or any person who intends to modify what is stated in the certificate of designation after obtaining designation shall file an application with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018>

(3) If any testing institution for type approval falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation thereof or order such institution to suspend business for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1, the designation of a testing institution shall be cancelled: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014>

1. Where a testing institution has been designated by fraud or other improper means;

2. Deleted; <Mar. 24, 2014>

3. Where a testing institution ceases to meet the designation standards under paragraph (1);

4. Where it is deemed that a testing institution has lost public confidence in its type approval test due to mistakes and omissions;

5. Where a testing institution refuses an application for testing without good cause;

6. Where a testing institution engages in any misconduct in connection with a test or receives any unfair fee.

(4) When the Minister of Oceans and Fisheries makes the designation pursuant to paragraph (1) or cancels the designation or suspends business pursuant to paragraph (3), he/she shall give public notice of the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) Matters necessary for the procedure for the designation of testing institutions for type approval, the supervision over, and the guidance for, testing institutions for type approval by the Minister of Oceans and Fisheries shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 20-2(Designation, etc. of Independent Testing Institutions) #

(1) If necessary, the Minister of Oceans and Fisheries may require a professional testing institution designated by the Minister of Oceans and Fisheries (hereinafter referred to as “independent testing institution”) to execute the following affairs in proxy:

1. Quality control for ground test and on-board test under Article 17-3;

2. Review on application documents for approval of an international organization for a treatment substance under Article 20 (1);

3. Review of proof documents under Article 20 (4);

4. Other affairs prescribed by the Minister of Oceans and Fisheries concerning the type approval test and approval of a treatment substance.

(2) If any independent testing institution falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or order it to suspend its business for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, the designation of an independent testing institution shall be cancelled:

1. Where an independent testing institution has been designated by deceit or in any other fraudulent way;

2. Where an independent testing institution requests cancellation of its designation;

3. Where an independent testing institution ceases to meet the designation standards for the independent testing institution;

4. Where it is deemed that an independent testing institution has lost its public confidence by operational intention or serious negligence;

5. Where an independent testing institution refuses its affairs or delays the type approval test without any justifiable grounds;

6. Where an independent testing institution refuses submission of report or materials under Article 33 (1);

7. Where an independent testing institution refuses, interferes with, or evades the access or investigation under Article 33 (2);

8. Where an independent testing institution fails to perform the disposition such as correction under Article 33 (5).

(3) Designation criteria of independent testing institutions, the details of the agreement thereof, and other necessary matters shall be prescribed by Presidential Decree; and designation procedures, the guidance for, and the supervision over, independent testing institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(4) If any executive officer or employee of an independent testing institution conducts any of the following acts in relation to the relevant operation of the independent testing institution, the Minister of Oceans and Fisheries may request the head of the independent testing institution to dismiss the relevant executive officer or employee or to suspend his/her duties for a prescribed period not exceeding one year:

1. Where he/she commits any fraudulent act related to operation;

2. Where he/she receives any unfair fee;

3. Where he/she discloses or steals confidentiality that he/she has learned while performing his/her duties, in violation of Article 36-3;

4. When he/she breaches any order issued under this Act.

(5) When the head of an independent testing institution is requested to dismiss its employees or suspend the duties thereof under paragraph (4), he/she shall take measures against the relevant employee without delay and report the results thereof to the Minister of Oceans and Fisheries.

[This Article Newly Inserted on Mar. 24, 2014]

Article 28(Port State's Control over Ballast Water Management) #

(1) The Minister of Oceans and Fisheries may inspect and examine any foreign ship within the jurisdictional waters of the Republic of Korea to find whether the ballast water management system of the ship complies with the standards under the International Convention and may take necessary measures (hereinafter referred to as "port State's control"). <Amended on Dec. 31, 2018>

(2) The proceedings for the inspection and checks for the port State's control shall be limited to those under the following subparagraphs: Provided, That the foregoing shall not apply where there is any obvious ground specified by Ordinance of the Ministry of Oceans and Fisheries to believe that a ship fails to comply with the standards prescribed in the International Convention, etc.:

1. Verification on the validity of the relevant survey certificate;

2. Inspection on the record book of the ship's ballast water management;

3. Necessary measures under paragraph (1), such as having ship survey officers under Article 34 collect samples of the ship's ballast water to determine whether the ship complies with the standards under the International Convention, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(3) The Minister of Oceans and Fisheries may conduct a closer inspection on a ship, if any obvious ground exists under the proviso of paragraph (2) as a result of the inspection and examination under paragraph (1) or if it fails to present a valid survey certificate, etc., and may also bar the ship from discharging its ballast water until it becomes capable of discharging its ballast water in conformity with the standards of the International Convention. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) If he/she discovers that a ship has violated any provision of the International Convention, the Minister of Oceans and Fisheries may place an embargo thereon, place limitations on its movements, demand it to take corrective measures, deport it, or take any other similar measure.

(5) When he/she discovers any violation of the International Convention as a result of the port State's control exercised pursuant to paragraphs (1) through (4), the Minister of Oceans and Fisheries shall notify the relevant ship of the fact; and when he/she bars a ship from discharging pursuant to paragraph (3) or takes any measure under paragraph (4), he/she shall notify the government of the country that issued a survey certificate to the relevant ship, of such fact. <Amended on Mar. 24, 2014>

(6) Where the owner or master of a ship of a foreign nationality for international navigation considers that an order of prohibition against the discharge of the ship's ballast water, an embargo on the ship, limitations on the ship's movements, a demand for corrective measures, or deportation under paragraph (3) or (4) (hereinafter referred to as "order for rectification") is illegal or unfair, he/she may file an objection with the Minister of Oceans and Fisheries, stating the grounds for the objection therein, within 90 days from the date he/she received the order for rectification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

(7) Upon receiving an objection pursuant to paragraph (6), the Minister of Oceans and Fisheries shall have public officials under his/her control conduct an investigation into whether the order for rectification is illegal or unfair and shall notify the relevant petitioner of the results thereof within 60 days: Provided, That the deadline for notification may be extended by up to 30 days in extenuating circumstances.

(8) No person who raises any objection against an order for rectification may file an administrative litigation without going through proceedings for the objection under paragraphs (6) and (7): Provided, That the foregoing shall not apply to cases falling under Article 18 (2) and (3) of the Administrative Litigation Act.

Article 33(Order to Submit Reports and Data) #

(1) Where deemed necessary for preventing the infusion of harmful aquatic organisms by ships' ballast water or sediments therefrom, the Minister of Oceans and Fisheries may order the owner of any ship, any person who obtains type approval under Article 17 (1), any testing institution for type approval under Article 19 (1), any person who obtains approval for a treatment substance under Article 20 (1), any independent testing institution under Article 20-2 (1), any ballast water disposal services provider under Article 21 (3), any agency under Article 30 (3) or any designated educational institution under Article 36-2 (1) (hereafter in this Article referred to as "ship owner, etc.") to submit a report or data as necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014>

(2) Where the ballast water management for any ship is found inappropriate as a result of reviewing the details of a report or data submitted in accordance with paragraph (1) or in any case specified by Ordinance of the Ministry of Oceans and Fisheries for any other reason, the Minister of Oceans and Fisheries may have public officials under his/her control enter the relevant ship or place of business and investigate relevant record books, documents, equipment, and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Where the Minister of Oceans and Fisheries intends to conduct an investigation under paragraph (2), he/she shall notify the relevant ship owner, etc. of the investigation plan, including the investigators and the date and time of, the grounds for, and the details of, the investigation at least seven days before the investigation: Provided, That the foregoing shall not apply where it is necessary to take actions urgently due to the sailing schedule of the ship or where evidence is likely to be destroyed if prior notice is given. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Any public official who conducts an investigation pursuant to paragraph (2) shall carry an identification card certifying his/her authority with him/her and present it to interested parties.

(5) Where the Minister of Oceans and Fisheries finds a violation of this Act or an order issued pursuant to this Act as a result of an investigation into a ship or place of business pursuant to paragraph (2), he/she may issue an order to suspend navigation or make a disposition related to repairs or correction, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) An order issued or a disposition made pursuant to paragraph (5) shall be cancelled immediately when the ground therefor is eliminated. <Amended on Feb. 18, 2020>

Article 38(Fees) #

(1) Any of the following persons shall pay fees to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That if an agency carries out the affairs under this Act vicariously, such fees shall be paid to the relevant agency at the rate determined by the agency: <Amended on Mar. 24, 2014; Mar. 21, 2017>

1. A person who files an application for confirmation inspection and examination under Article 8-2 (1) 2 and 3 and issuance under paragraph (2) of the same Article;

1-2. A person who files an application for testing and approval for a ballast water management plan for a ship under Article 9 (1);

2. A person who files an application for approval for drawings under Article 11 (1);

3. A person who files an application for the issuance or re-issuance of a survey certificate under Article 12 (2);

4. A person who files an application for a survey under any provision of Articles 12 through 14;

5. A person who files an application for type approval or approval for amendment under Article 17 (1) and (6);

6. A person who files an application for examination under Article 17 (7);

7. A person who files an application for the issuance or re-issuance of a certificate of pass for examination under Article 17 (8).

(2) Where an agency intends to collect fees pursuant to the proviso to paragraph (1), it shall determine the guidelines therefor and obtain approval of the Minister of Oceans and Fisheries. The foregoing shall also apply to any amendment to the matters so approved. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The fees that an agency collects pursuant to the proviso to paragraph (1) shall be the agency's revenue.

(4) The Minister of Oceans and Fisheries may collect fees necessary for checking compliance with an order for rectification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, from any ship in which a defect had been discovered as a result of exercising the port State's control under Article 28 and consequently to which the order for rectification was issued.

Article 42(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 24, 2014; Mar. 21, 2017>

1. A person who discharges ballast water or sediments from a ship in violation of Article 6;

2. A person who fails to comply with an order issued pursuant to Article 7 (1);

3. A person who navigates a ship without any ballast water management system installed in accordance with Article 8 (1);

4. A person who fails to prepare a ballast water management plan for a ship, or who fails to obtain approval therefor, in violation of Article 9 (1);

5. A person who fails to receive a survey in violation of any provision of Articles 12 through 14;

6. A person who navigates a ship in violation of Article 16 (1) or (2);

7. A person who fails to receive type approval or examination in violation of Article 17 (1) or (7), who receives such type approval or examination by deceit or in any other fraudulent way, or who passes a test for type approval by deceit or in any other fraudulent way in violation of the former part of paragraph (2) of, or the latter part of paragraph (6), of the said Article;

8. A person who uses any treatment substance without approval of an international organization in violation of Article 20 (3) or who uses any treatment substance the approval for which is cancelled;

9. A person who engages in a ballast water disposal business without registration under Article 21 (1) or with such registration made by deceit or in any other fraudulent way;

10. A person whose registration is cancelled pursuant to Article 26 (1) continues business or who is ordered to suspend his/her business continues business during the period of business suspension;

11. A person who navigates a ship in violation of the disposition of suspension of navigation under Article 27 (2);

12. A person who fails to submit a report or data or who submits a false report or false data in violation of Article 33 (1);

13. A person who refuses, interferes with, or evades the access or investigation by a public official under Article 33 (2) without any justifiable grounds;

14. A person who fails to comply with an order or disposition under Article 33 (5);

15. A person who discloses or steals confidential information in violation of Article 36-3.