37Power of Director to make emergency maritime rules

1. The Director may from time to time make emergency maritime rules for any purpose for which the Minister may make maritime rules under this Part, if the Director considers that—

2. such rules are necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property; and
3. it is not practicable in the circumstances of the particular case for the Minister to make maritime rules to effectively alleviate or minimise the risk concerned.

4. The Minister may revoke any emergency maritime rule.

5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

6. emergency maritime rules under subsection (1):
7. a revocation under subsection (2).

8. If the Director is of the opinion that, because of reasons of safety or because of the imminence of the threat to the marine environment, it is impracticable to publish immediately an emergency maritime rule or revocation under that Act, the Director must give a copy of it to the persons (if any) whom the Director considers appropriate.

9. An emergency maritime rule or revocation to which subsection (4) applies—

10. has effect only in relation to a person to whom it has been given under subsection (4); and
11. comes into force in relation to that person immediately after it is given to the person (even if it is not yet published).

12. For the purposes of subsection (4), a rule or revocation may be given in any way the Director considers appropriate.