Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Marine oil spill responses

300: Function of regional on-scene commanders after notification

You could also call this:

"What regional on-scene commanders do after a marine oil spill is reported"

Illustration for Maritime Transport Act 1994

You are a regional on-scene commander. If you find out about a marine oil spill in your area, you decide if action is needed. You look at the regional marine oil spill contingency plan and the Maritime Transport Act 1994 to help you decide. You consider what powers you have under the Act. If you think your area cannot handle the spill, you tell the Director that you need help from the Authority. This is according to section 313. You do this so the Authority can assist you. Telling the Director you need help does not mean your area does not have to follow its contingency plan. You still have to follow section 313 and do what the plan says. This is your responsibility as a regional on-scene commander.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337684.

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Part 23Plans and responses to protect marine environment from marine oil spills
Marine oil spill responses

300Function of regional on-scene commanders after notification

Subject to section 313, if a regional on-scene commander is notified, or otherwise becomes aware, of a marine oil spill within the region of the council by whom that on-scene commander is appointed, he or she shall decide whether or not it is appropriate for any action to be taken in response to that marine oil spill, including the taking of any measures under the regional marine oil spill contingency plan or the exercise of any powers under this Act.
Subject to section 313, if, in the opinion of any regional on-scene commander, containing and cleaning up any marine oil spill within the region of that regional council is or may be beyond the capacity of the resources available to that regional council, that regional on-scene commander shall forthwith notify the Director that assistance is or may be sought from the Authority.
Notification by the regional on-scene commander of the Director under subsection (2) shall not relieve a regional council from its obligations under section 313 to comply with its regional marine oil spill contingency plan.