FAQs

What is a Regulation Impact Statement (RIS)?

A RIS is prepared when new regulation, or changes to regulation are proposed that are likely to have a significant impact on businesses and individuals or restrict competition. Regulation refers to the broad range of legally enforceable instruments that impose mandatory requirements on businesses and the community. A RIS will:

  • state the problem being addressed
  • state the objectives or principles that have been set to measure the proposed reform
  • identify a range of viable options to address the problem
  • provide an analysis of the costs and benefits of the options for reform
  • consult with affected stakeholders
  • evaluate the analysis and consultation feedback and make a conclusion or recommendation
  • provide information on how the preferred option would be implemented, monitored and reviewed.

A Consultation RIS seeks information and feedback from parties potentially affected by the current situation or the options for change. Submissions received during the consultation period are considered in the development of a Decision RIS which feeds into the development of a policy position by the Australian Government.

Before release, a RIS is assessed by the Office of Best Practice Regulation. It must contain the degree of detail and depth of analysis matching the level and complexity of the problem and the size of the potential impact of the proposal.

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What is the consultation process for the RIS for the proposed Australian Biofouling Management Requirements?

A series of stakeholder meetings were held in each capital city from 2 16 December 2011. These meetings were used to explain the RIS and to discuss the management options proposed with stakeholders. A copy of the presentation is available by contacting DAFF. 

Vessel operators and other interested stakeholders were invited to make written submissions until 29 February 2012.

The Department of Agriculture, Fisheries and Forestry was particularly interested in information relating to the questions posed within the RIS; however, comments on any aspect of the RIS were also welcomed.

Information provided in the submissions will be taken into account during the development of the Decision RIS which will feed into the development of an Australian Government policy on the issue.

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What is biofouling?

Biofouling is the undesirable accumulation of marine organisms, such as microorganisms, algae and animals on surfaces and structures that are submerged or exposed to the marine environment. Biofouling can occur on wharves and jetties, vessel hulls (including rudders, propellers and other hull appendages), internal seawater systems (including sea-chests and pipe work), and equipment such as mooring devices and anchor wells.

For more information on the impact of biofouling on maritime industries and the environment please refer to the factsheet ‘Biofouling—the threat to Australia’.

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Why is biofouling a problem?

While ballast water has long been considered the primary means for marine pests spread around the world, recent research suggests vessel biofouling may be responsible for more marine pest introductions than ballast water.

Biofouling is transported by vessels operating in a range of commercial and recreational maritime sectors. The introduction and establishment of exotic marine species can have significant ecological, economic, human health and social impacts.

These impacts include damage to:

  • commercial fisheries and aquaculture operations
  • the tourism industry
  • infrastructure (such as port facilities, navigation aids, water pipe systems and hydro-electric plants)
  • the commercial efficiency of ports
  • environmental diversity
  • human health
  • non-financial value of the marine environment (for example social and cultural significance).

Despite these biosecurity risks no national system exists to prevent exotic marine pest introduction and establishment.

To address this, the Australian Government is investigating new biofouling management measures for internationally arriving vessels.

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What options are considered in the Regulation Impact Statement?

The RIS discusses these management approaches:
  • Base case (the likely outcome if neither option is implemented, taking into account expected future policy developments)
  • Option 1 - introduction of regulations to manage establishment risk by non-indigenous marine species from biofouling. This option would impose restrictions on high and extreme risk vessels and include mitigation actions.

    It should be noted that any regulatory change would be appropriately communicated to stakeholders, if and when implemented.
     
  • Option 2 - introduction of an education program to improve the management of biofouling on vessels arriving from international waters.

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Are the biofouling management options presented in the consultation RIS final?

No. Two alternative options were analysed in the Consultation RIS for the management of biofouling risks: regulations and an educational campaign to promote voluntary compliance. The intention of the Consultation RIS was to obtain comment from stakeholders to assist in the development of the final policy. In particular, stakeholder input was sought on those areas where further data are needed and/or where assumptions made in the analysis need to be verified and agreed on.

Submissions against the proposed biofouling management policies and the RIS closed on 29 February 2012.

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What would change if a regulatory approach is adopted?

If the proposed regulatory approach is agreed, changes to arrival requirements under the proposed Australian Biofouling Management Requirements could be expected.

On arrival requirements

  • Vessel owners and operators would be required to complete the Marine Growth Risk Assessment (MGRA) as part of the electronic Quarantine Pre-Approval Report (eQPAR). Based on answers provided, an estimate of the risk that a vessel is harbouring a species of concern is determined. The MGRA is intended to be available to all vessel owners and operators before embarking on a voyage which requires entry to Australian waters. This will allow vessel operators to self-assess their vessels and consider undertaking pre-arrival biofouling management activities, if necessary.
  • On arrival, vessels that are classified as High or Extreme risk under the MGRA would be subject to a DAFF Biosecurity (formerly AQIS) documentary inspection (or ‘interview’). A biosecurity interview requires a DAFF Biosecurity officer to inspect and verify documents and consider other factors (such as on-board biofouling management processes). The interview may occur electronically or in-person, and could increase current inspection times.
  • High and Extreme risk vessels would be subject to operating time restrictions to reduce the risks of exotic marine pests establishing in Australian waters, unless a hull inspection or appropriate treatment is undertaken in Australia. Operating time restrictions include:
    • maximum allowable time in any one Australian port of 48 hours, and
    • a maximum cumulative time in Australian ports of 8 days, and
    • a maximum cumulative time in Australian waters of 14 days.
  • Extreme risk vessels may be prohibited from re-entering Australian waters until the risks are managed through treatment or hull inspection.

To assist vessel owners and operators to transition into the requirements, an on-arrival inspection checklist would be made available through a targeted communications campaign.

Documentary requirements

Vessel operators would be encouraged to develop a Biofouling Management Plan outlining measures for the control and management of ships’ biofouling in accordance with Australian and International Maritime Organization requirements. This plan should include:

  • the ship’s details
  • description of the anti-fouling system
  • description of operating profile
  • description of areas on the ship susceptible to biofouling
  • operation and maintenance of the anti-fouling system
  • safety procedures for the ship and the crew
  • disposal of biological waste
  • recording requirements and crew training and familiarisation.

Vessel operators would be encouraged to keep a vessel Biofouling Record Book to record details of all inspections and management measures undertaken to address the biosecurity risks resulting from vessel biofouling. It should include copies of the inspection and treatment certificates and receipts.

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Are there any control measures already in place?

Currently, Australian state and territory legislation enables government authorities to protect their waters from exotic marine species. However, the legislation and its application differ between jurisdictions. Industry stakeholders have expressed the need for a consistent national approach.

The International Maritime Organization (IMO) Marine Environment Protection Committee recently released voluntary guidelines to minimise the transfer of invasive aquatic species by ships’ biofouling. The proposed Australian biofouling management options are consistent with the IMO guidelines.

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Which species would be targeted under a regulatory regime?

A risk assessment report, commissioned by the Australian Government, identified 56 invasive marine species that could significantly affect Australia’s economic, environmental, social/cultural or human health values if they were to become established in our waters. If a regulatory approach is adopted, this list may be modified to ensure that only species that are practical to identify and treat are prohibited under legislation. View list of species of concern.

The list of prohibited species would also be regularly reviewed as new information becomes available.

Species may be added or removed from the list following a risk assessment process. For a new species to be added, a risk assessment would need to be conducted showing that the proposed species of concern is not known to be present in Australian waters, is able to be transported as biofouling and presents a significant risk to Australia’s economic, environmental, human health or social/cultural values.

Conversely, if an established population of a species of concern is found in Australian waters, the species would be removed from the list.

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What is the MGRA?

The Marine Growth Risk Assessment (MGRA) was developed by the Australian Government to assess the risk an individual vessel presents for carrying biofouling associated non-indigenous marine species. The MGRA includes questions about:

  • presence and age of antifouling coating
  • presence and operation of internal seawater treatment systems
  • evidence of recent hull surveys or inspections that have considered marine growth
  • duration of stay in overseas ports
  • anticipated time in Australian waters.

An estimate of the risk that a vessel is harbouring a non-indigenous marine species is then calculated. Risk categories are:

  • Moderate
  • High or
  • Extreme.

A DAFF Biosecurity officer would examine the MGRA during an interview process.

The MGRA is intended to be available online to allow vessel operators to self-assess their vessels prior to departure for Australian waters and to consider undertaking appropriate biofouling management activities, if necessary. Activities may include cleaning submerged surfaces, reducing time spent idle in international coastal waters, applying anti-fouling coatings or engaging a service provider to undertake a vessel hull inspection to verify freedom from species of concern.

The MGRA results would only be formally assessed by a DAFF Biosecurity officer when it is submitted as part of the electronic Quarantine Pre Arrival Report (eQPAR), which vessel operators and agents currently submit for biosecurity purposes.

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Why is environmental matching not included in the MGRA?

Including environmental matching in the MGRA is difficult given:

  • Australia covers an expansive area (latitudinal range from 12 to 43.5 degrees) with waters from tropical to cool temperate. Australia therefore has overlap with environmental conditions through much of the globe suggesting that any arriving species could probably survive somewhere in Australian waters.
  • Information on physiological temperature tolerances is not available for all species and often their tolerance ranges are wide.
  • Verification would be difficult and time consuming as vessels do not routinely collect the data required.
  • Some ports collect water temperature data collection but methods are inconsistent and the data is difficult to access.

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Why isn’t the marine pest status of specific ports included in the risk assessment criteria?

The marine pest status of ports visited by a vessel is not currently considered in the risk assessment because marine pest monitoring activities (to determine the marine pest status of a port) have not been undertaken in the majority of overseas ports. Where monitoring has occurred, the methods used have not been standardised and are therefore not easily comparable.

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Will all vessels be treated equally?

All vessels entering Australian waters must meet the requirements. The Australian Government recognises the different risks and operational processes of each sector and has tailored the questions and strategies to match.

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How long will an inspection take?

There are two kinds of inspections associated with the proposed biofouling requirements:

  1. a documentary inspection (an ‘interview’) by DAFF Biosecurity officers and
  2. a physical hull inspection by qualified divers.

A DAFF Biosecurity documentary inspection (interview) for vessels (excluding yachts) could take up to 30 minutes longer than current pratique procedures. The time required for documentary inspection for yachts is not expected to increase because yacht pratique procedures already include a series of biofouling questions.

The length of time required to undertake a hull inspection will be influenced by:

  • vessel type
  • hull complexity
  • availability and location of inspection facilities
  • whether the hull inspection occurs independently or as part of a regular maintenance cycle.

Vessels are advised to incorporate biofouling hull inspections into their regular maintenance cycle, or hull classification survey regime, in order to reduce DAFF Biosecurity inspection time and costs.

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Last reviewed:
02 Mar 2012
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