Maritime Transport Act 1994

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

250: Exercise of power by Director

You could also call this:

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

The Director has to think carefully before giving instructions or taking action under section 248 or section 249. You need to know the Director will only do this if they think it's necessary to stop or reduce pollution, or a big risk of pollution, from a hazardous substance or oil that could harm the marine environment. The Director is trying to protect the marine environment from harm.

The Director has to tell the Environmental Protection Authority as soon as possible if they decide to give instructions or take action that affects New Zealand's exclusive economic zone or continental waters. This is so the Environmental Protection Authority knows what's happening. The Director is keeping them informed about actions that could affect the marine environment.

The Director is making decisions to protect the marine environment and you can find more information about this in the Maritime Transport Act 1994.

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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=DLM337337.


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

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


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251: Right to compensation, or

"Getting paid back if the Director's actions cause you loss or damage"

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

250Exercise of power by Director

  1. The Director must not issue any instructions, or take any measures, under section 248 or 249 unless the Director considers the issue of such instructions, or the taking of such measures, necessary to avoid, reduce, or remedy pollution, or a significant risk of pollution, by—

  2. a hazardous substance other than oil; or
    1. oil or any other harmful substance that is causing, will cause, or will be likely to cause serious harmful consequences to the marine environment or marine interests.
      1. The Director must notify the Environmental Protection Authority as soon as practicable after the Director decides to issue instructions or take measures if the instructions or measures (which the Director intends to issue or take) affect the exclusive economic zone or New Zealand continental waters.

      Notes
      • Section 250: replaced, on , by section 49 of the Maritime Transport Amendment Act 2013 (2013 No 84).
      • Section 250(2): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).