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Maritime Transport Act 1994

Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes

257: Interpretation

You could also call this:

"What special words mean in the Maritime Transport Act"

When you read this part of the law, some words have special meanings. A controlled offshore installation is a structure in New Zealand's exclusive economic zone or on the continental shelf. It can be a platform or other artificial structure at sea.

You might see the term Convention State, which means a country that has agreed to the London Convention. The London Convention is an international agreement to stop pollution in the sea. Dumping means getting rid of waste or other matter into the sea on purpose. This includes throwing things into the sea from ships or platforms, or storing waste on the seabed.

Incinerated at sea means burning waste on a ship or platform at sea. But it does not include burning waste that was made during the normal operation of the ship or platform. A marine incineration facility is a ship or platform that burns waste at sea. A New Zealand marine incineration facility is one that is owned or managed by a New Zealand citizen or company.

You will also see the term New Zealand structure, which means a structure owned by a New Zealand citizen or company. Radioactive waste or other radioactive matter is waste that has radioactive materials in it, as defined in the Radiation Safety Act 2016, which you can find by following the link to section 5(1) of the Radiation Safety Act 2016. A structure can be an offshore installation, artificial island, or floating platform, but it does not include a submarine pipeline.

Toxic or hazardous waste is waste that is harmful to people or the environment. Waste or other matter can be any kind of material or substance. An emergency dumping permit is a special permit that allows dumping in an emergency, which is granted under section 262A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337352.

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257A: Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping, or

"Rules for dumping waste in New Zealand's oceans"

Part 21Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes

257Interpretation

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

    controlled offshore installation means any offshore installation that is—

    1. in the waters of the exclusive economic zone of New Zealand; or
      1. in the waters beyond the outer limits of the exclusive economic zone of New Zealand, but over the continental shelf of New Zealand

        Convention State means a State that is a party to the London Convention

          dumping—

          1. means—
            1. any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
              1. any deliberate disposal into the sea of vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
                1. any storage of wastes or other matter in the seabed and the subsoil of the seabed from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
                  1. any abandonment or toppling at site of platforms or other structures (other than natural structures) at sea, for the sole purpose of deliberate disposal; but
                  2. does not include—
                    1. the disposal into the sea of wastes or other matter incidental to, or derived from, the normal operations of vessels, aircraft, platforms, or other structures (other than natural structures) at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms, or other structures (other than natural structures) at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms, or other structures; or
                      1. placement of matter for a purpose other than the mere disposal of them, provided that such placement is not contrary to the aims of the 1996 Protocol to the London Convention; or
                        1. abandonment in the sea of matter (for example cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of them; and
                        2. does not include the disposal or storage of wastes or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources

                          emergency dumping permit means a permit granted under section 262A

                            incinerated at sea—

                            1. means the deliberate disposal of waste or other matter by thermal destruction on board a ship, platform, or other artificial structure at sea; but
                              1. does not include the incineration on board a ship, platform, or other artificial structure at sea of waste or other matter generated during the normal operation of that ship, platform, or other structure at sea

                                London Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972; and includes any subsequent amendment or protocol to, or revision of, that Convention accepted or ratified by New Zealand

                                  marine incineration facility means a ship or an offshore installation that incinerates waste or other matter at sea

                                    New Zealand marine incineration facility means a marine incineration facility that is owned or managed by—

                                    1. a New Zealand citizen; or
                                      1. a person who is ordinarily resident in New Zealand; or
                                        1. a company registered under the Companies Act 1993

                                          New Zealand structure means a structure that is owned by—

                                          1. a New Zealand citizen; or
                                            1. a person who is ordinarily resident in New Zealand; or
                                              1. a company registered under the Companies Act 1993

                                                radioactive waste or other radioactive matter means any waste or other matter containing any radioactive material within the meaning of section 5(1) of the Radiation Safety Act 2016

                                                  structure includes an offshore installation, artificial island, or floating platform, but does not include a submarine pipeline

                                                    toxic or hazardous waste means any waste or other matter specified as toxic or hazardous waste for the purposes of this definition by the marine protection rules

                                                      waste or other matter means material and substances of any kind, form, or description.

                                                      Notes
                                                      • Section 257 dumping: substituted, on , by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                                      • Section 257 emergency dumping permit: inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                                                      • Section 257 incinerated at sea: inserted, on , by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                                      • Section 257 incineration: repealed, on , by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                                      • Section 257 New Zealand marine incineration facility paragraph (c): amended, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
                                                      • Section 257 New Zealand structure: inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                                                      • Section 257 radioactive waste or other radioactive matter: amended, on , by section 99 of the Radiation Safety Act 2016 (2016 No 6).
                                                      • Section 257 structure: inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).