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 when they find out about a marine oil spill"

If you are a regional on-scene commander and you find out about a marine oil spill in your area, you have to decide if anything needs to be done about it. You will look at the regional marine oil spill contingency plan and the powers you have under the Maritime Transport Act 1994 to make this decision. You can take action or use your powers if you think it is necessary.

If you think the spill is too big for your council to handle, you must tell the Director that you need help from the Authority. You can do this if you think you might need help in the future too.

When you tell the Director you need help, it does not mean your council does not have to follow its own plan, as set out in section 313, to deal with the oil spill.

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299: Duty to notify if unable to contain and clean up marine oil spills, or

"Tell authorities quickly if you can't stop or clean up an oil spill from your ship or site"


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301: Function of National On-Scene Commander after notification, or

"What the National On-Scene Commander does after a marine oil spill is reported"

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

300Function of regional on-scene commanders after notification

  1. 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.

  2. 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.

  3. 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.