4 These Guidelines do not apply to the uptake
or discharge of ballast water and sediments:
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1. necessary for the purpose of ensuring the safety
of a ship in emergency situations or saving life at sea;
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2. when being used for the purpose of avoiding
or minimizing pollution incidents from the ship; and
-
3. on the high seas of the same ballast water
and sediments.
5 In addition, these Guidelines do not apply to:
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.1 the accidental discharge or ingress of ballast
water and sediments resulting from damage to a ship or its equipment
provided that all reasonable precautions have been taken before and
after the occurrence of the damage or discovery of the damage or discharge
for the purpose of preventing or minimizing the discharge and the
owner or the person in charge did not wilfully cause such damage;
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.2 the discharge of ballast water and sediments
from a ship at the same location where the whole of that ballast water
and those sediments originated provided that no mixing with unmanaged
ballast water from other areas has occurred. In the context of these
Guidelines, "same location" shall be taken to mean the same harbour,
mooring or anchorage; and
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.3 the discharge of ballast water and sediments
if the master reasonably decides that compliance with these Guidelines
would threaten the safety or stability of the ship, its crew, or its
passengers because of adverse weather, ship design or stress, equipment
failure, or any other extraordinary condition.