For the purposes of this Annex:
1 "Anniversary date" means the day and the month
of each year corresponding to the date of expiry of the Certificate.
2 "Ballast Water Capacity" means the total volumetric
capacity of any tanks, spaces or compartments on a ship used for carrying,
loading or discharging Ballast Water, including any multi-use tank,
space or compartment designed to allow carriage of Ballast Water.
3 "Company" means the owner of the ship or any
other organization or person such as the manager, or the bareboat
charterer, who has assumed the responsibility for operation of the
ship from the owner of the ship and who on assuming such responsibility
has agreed to take over all the duties and responsibilities imposed
by the International Safety Management Codefootnote.
4 "Constructed" in respect of a ship means a stage
of construction where:
-
.1 the keel is laid; or
-
.2 construction identifiable with the specific
ship begins;
-
.3 assembly of the ship has commenced comprising
at least 50 tonnes or 1 percent of the estimated mass of all structural
material, whichever is less; or
-
.4 the ship undergoes a major conversion.
5 "Major conversion" means a conversion of a ship:
-
.1 which changes its ballast water carrying capacity
by 15 percent or greater, or
-
.2 which changes the ship type, or
-
.3 which, in the opinion of the Administration,
is projected to prolong its life by ten years or more, or
-
.4 which results in modifications to its ballast
water system other than component replacement-in-kind. Conversion
of a ship to meet the provisions of regulation
D-1 shall not be deemed to constitute a major conversion for
the purpose of this Annex.
6 "From the nearest land" means from the baseline
from which the territorial sea of the territory in question is established
in accordance with international law except that, for the purposes
of the Convention, "from the nearest land" off the north-eastern coast
of Australia shall mean from a line drawn from a point on the coast
of Australia in
latitude 11°00' S, longitude 142°08' E
to
a point in latitude 10°35' S, longitude 141°55' E
thence
to a point latitude 10°00' S, longitude 142°00' E
thence
to a point latitude 9°10' S, longitude 143°52' E
thence
to a point latitude 9°00' S, longitude 144°30' E
thence
to a point latitude 10°41' S, longitude 145°00' E
thence
to a point latitude 13°00' S, longitude 145°00' E
thence
to a point latitude 15°00' S, longitude 146°00' E
thence
to a point latitude 17°30' S, longitude 147°00' E
thence
to a point latitude 21°00' S, longitude 152°55' E
thence
to a point latitude 24°30' S, longitude 154°00' E
thence
to a point on the coast of Australia
in latitude 24°42'
S, longitude 153°15' E.
7 "Active Substance" means a substance or organism,
including a virus or a fungus, that has a general or specific action
on or against Harmful Aquatic Organisms and Pathogens.
8 "BWMS Code" means the Code for Approval of Ballast
Water Management Systems adopted by resolution MEPC.300(72), as may be amended by the Organization, provided that such
amendments are adopted and brought into force in accordance with article 19 of the
present Convention relating to amendment procedures applicable to the Annex.