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Maritime Transport Act 1994

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

249: Powers of Director in relation to hazardous structures and operations

You could also call this:

"The Director's power to keep you safe from dangerous things in or near the water."

The Director can tell you what to do if you own a structure that they think is hazardous. They can give you instructions about the structure and take actions to deal with it. The Director can also make you move the structure to another place, sink it, or destroy it if they think it is necessary.

If you are in charge of marine operations that the Director thinks are hazardous, they can give you instructions and take actions to deal with the situation. They can tell you what to do to make the operations safer. The Director will try to let you know what they plan to do, but they might not have time to tell you if it is an emergency.

The Director has a lot of power to keep people and the environment safe from hazardous structures and marine operations. They can take control of the situation and make decisions about what to do with the structure or operations. You have to follow the Director's instructions if they tell you what to do about a hazardous structure or marine operation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337336.

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248: Powers of Director in relation to hazardous ships, or

"What the Director can do about ships that might be dangerous"

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250: Exercise of power by Director, or

"The Director's Power to Protect the Marine Environment"

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

249Powers of Director in relation to hazardous structures and operations

  1. In the case of a structure that, in the opinion of the Director, is a hazardous structure, the Director may from time to time—

  2. issue any instructions to the owner of the structure with respect to the structure:
    1. take any measure with respect to the structure.

      1. Subsection (1) includes power to take or require to be taken either or both of the following measures:

      2. the removal to another place of the structure:
        1. the sinking or destruction of the structure.

          1. In the case of marine operations that, in the opinion of the Director, are hazardous marine operations, the Director may from time to time—

          2. issue any instructions to the owner, or the person in charge, of the marine operations:
            1. take, or require that owner or person in charge to take, any measures with respect to the marine operations.

              1. The Director shall use reasonable endeavours to notify the owner of a structure, or the owner or person in charge of marine operations, of any measures the Director proposes to take under this section with respect to the structure or marine operations, but the Director shall not be obliged to give such notification where in his or her opinion the urgency of the situation is such that the measures must be taken immediately.