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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 powers to keep you safe from hazardous structures and marine operations"

Illustration for Maritime Transport Act 1994

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 action to deal with it. The Director can also move, sink, or destroy the structure if they think it is necessary. The Director has the same powers when it comes to marine operations that they think are hazardous. They can give instructions to the person in charge of the operations and take action to deal with them. This can include telling you to take certain measures to make the operations safer. If the Director wants to take action, they will try to tell you about it first. However, if they think it is an emergency, they can take action straight away without telling you. This is to protect the marine environment from harm.

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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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Environment and resources > ConservationHousing and property > Home safety and repairs

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.