Maritime Transport Act 1994

Protection of marine environment from hazardous ships, structures, and offshore operations

247: Interpretation

You could also call this:

"What special words mean in the Maritime Transport Act"

When you read this part of the law, you need to know what some words mean. A harmful substance is something that can hurt people or the environment. It can be a substance listed in the marine protection rules, or something that is bad for human health, living things, or the sea.

You also need to know what hazardous marine operations are. These are operations in New Zealand waters that might release harmful substances into the water or seabed. Hazardous offshore installations and pipelines are structures in New Zealand waters that might release harmful substances.

A hazardous ship is a ship that is releasing, or might release, harmful substances into the water or seabed. This can happen if a ship has an accident, like a collision, or if it is lost or abandoned. A structure can be an offshore installation or a pipeline.

The law also talks about marine interests, which are things that affect the marine environment. These include fishing, tourism, and the health of people and animals that live in the sea. An offshore installation is something that is defined in section 222(1).

A shipping casualty is an accident that happens to a ship, like a collision or running aground. The Intervention Protocol is an agreement made in London in 1973 to deal with pollution by substances other than oil. You can find more information about what a harmful substance is in section 225.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337316.


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Part 20Protection of marine environment from hazardous ships, structures, and offshore operations

247Interpretation

  1. In this Part, unless the context otherwise requires,—

    harmful substance means—

    1. any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules:
      1. any hazardous substance other than oil

        hazardous marine operations means marine operations in New Zealand continental waters that are discharging, or are likely to discharge, a harmful substance into New Zealand continental waters or the seabed below them

          hazardous offshore installation means an offshore installation in New Zealand continental waters that is discharging, or is likely to discharge, a harmful substance into New Zealand continental waters or the seabed below them

            hazardous pipeline means a pipeline in New Zealand continental waters that is discharging, or is likely to discharge, a harmful substance into New Zealand continental waters or the seabed below them

              hazardous ship means a ship that is in the internal waters of New Zealand or in New Zealand continental waters, or on the high seas and, as a result of a shipping casualty or acts related to such a casualty, is discharging, or is likely to discharge, a harmful substance into the internal waters of New Zealand or New Zealand continental waters or the seabed below them

                hazardous structure means a hazardous offshore installation or a hazardous pipeline

                  hazardous substance other than oil

                  1. means a substance—
                    1. contained in the list of substances that is annexed to the Intervention Protocol and amended from time to time by the International Maritime Organization; or
                      1. that is likely to create hazards to human health, harm living resources and marine life, damage amenities, or interfere with other legitimate uses of the sea; and
                      2. includes a substance within the meaning of Article 2(a) or (b) of the Intervention Protocol that is specified in the marine protection rules as a hazardous substance other than oil

                        Intervention Protocol means the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil done at London on 2 November 1973

                          marine interests means the interests that are related to, or affected by, the marine environment, including maritime, coastal, port, or estuarine activities (including fisheries activities constituting an essential means of livelihood of the persons concerned), tourist attractions, public health and welfare, and the conservation of living marine resources and wildlife

                            offshore installation has the meaning given to it by section 222(1)

                              shipping casualty means any of the following:

                              1. a collision of ships:
                                1. the loss, stranding, or abandonment of a ship:
                                  1. any other event occurring on board, outside, or to a ship, resulting in material damage or the risk of material damage to a ship, or cargo, or both

                                    structure means an offshore installation or a pipeline.

                                    Notes
                                    • Section 247 hazardous ship: amended, on , by section 47(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 247 harmful substance: inserted, on , by section 47(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 247 hazardous substance other than oil: inserted, on , by section 47(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 247 Intervention Protocol: inserted, on , by section 47(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).