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Australian biofouling management requirements for international vessel arrivals – Consultation Regulation Impact Statement

The submission to the Department of Agriculture & Water Resources in relation to Australian biofouling management requirements for international vessel arrivals – Consultation Regulation Impact Statement was prepared by the Australian Environment and Planning Law Group of the Law Council’s Legal Practice Section (the AEPLG). 

The AEPLG understands that the Department of Agriculture and Water Resources (Department) has identified Option 3 as the preferred option and specifically seeks input on the costs, benefits and issues related to that option.

Option 3 would require vessels arriving in Australia that are subject to biosecurity control under the Biosecurity Act 2015 (Cth) to effectively implement biofouling management practices, including the implementation of a Biofouling Management Plan (BFMP), a Biofouling Record Book (BFRB), and a schedule describing the transition from current practices to mandatory requirements. Pre-arrival reporting requirements would also be imposed.

The AEPLG supports the adoption of Option 3 because it would:

(a) facilitate a nationally consistent approach to biofouling management while being more cost effective than Option 2 over the short and long-term; and
(b) align Australia’s management practices with that of the International Maritime Organisation (IMO) by the introduction of regulatory measures to implement the IMO’s Biofouling Guidelines.

You can read the full submission below.

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