Maritime Transport Act 1994

Protection of marine environment from harmful substances - Offences in respect of discharge or escape of harmful substances into sea or seabed

237: Discharge or escape of harmful substances from ship into sea or seabed

You could also call this:

"Releasing bad substances from a ship into the sea or seabed is against the law"

If a harmful substance gets into the sea or seabed from a ship, you can commit an offence. This happens if the substance is released or escapes in a way that breaks the rules in section 226 or section 226A. The captain and owner of the ship can each be guilty of an offence if this happens.

If someone on purpose damages a ship and this causes a harmful substance to get into the sea or seabed, that person commits an offence. This is the case even if the person who caused the damage is not the captain or owner of the ship.

You can commit an offence if you are involved in releasing harmful substances into the sea or seabed from a ship, depending on what you did and why the substance was released.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337302.


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236: Power to require reception facilities, or

"Ships must have somewhere to safely get rid of harmful substances"


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238: Failure to report discharge of harmful substance into sea or seabed, or

"Telling authorities about harmful substances spilled into the sea or seabed is required by law."

Part 19Protection of marine environment from harmful substances
Offences in respect of discharge or escape of harmful substances into sea or seabed

237Discharge or escape of harmful substances from ship into sea or seabed

  1. If a harmful substance is discharged or escapes from a ship into the sea or onto or into the seabed in breach of section 226 or 226A, the master and the owner of the ship each commit an offence.

  2. If the discharge or escape results from intentional damage caused by a person other than the master or the owner of the ship, the person who caused the damage commits an offence.

Notes
  • Section 237: replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).