Maritime Transport Act 1994

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

305: Powers of on-scene commander

You could also call this:

"What the on-scene commander can do to clean up a marine oil spill"

Illustration for Maritime Transport Act 1994

When there is a marine oil spill, you need to know what the on-scene commander can do. The on-scene commander can tell people what to do to help clean up the spill. They can also move people or things that are getting in the way of the cleanup. The on-scene commander has a lot of power to make sure the spill is cleaned up. They can remove people from an area, keep people out of an area, or stop people from using a road or part of the sea. They can also take control of property, like land or ships, to help with the cleanup, as long as they follow the rules in section 306. The on-scene commander can get help from other people, like police officers, to use these powers. But there are some exceptions, like if the property is controlled by the New Zealand Defence Force.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337689.

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

305Powers of on-scene commander

If a regional on-scene commander or the National On-Scene Commander decides that it is appropriate for a regional council or the Authority, as the case may be, to take action in respect of a marine oil spill, he or she may do all or any of the following:
direct the master or owner of any New Zealand ship, or the owner of any offshore installation, or the owner of any oil transfer site that is the subject of a marine oil spill response to do anything, or refrain from doing anything, that the on-scene commander considers necessary or desirable to control or clean up the marine oil spill, or both:
remove any person obstructing a marine oil spill response from an area, or any part of an area, where a marine oil spill response is being carried out:
require the evacuation or the exclusion of persons, vehicles, or New Zealand ships from any area, or any part of an area, where a marine oil spill response is being carried out:
totally or partially prohibit, or restrict, public access on any road or to any public area or any part of the sea, that is within an area where a marine oil spill response is being carried out:
remove from any road, public place, or from the sea, in an area where a marine oil spill response is being carried out, any New Zealand ship, any vehicle, or other thing impeding that response, and where reasonably necessary for the purpose, may enter forcibly any such ship, vehicle, or other thing:
carry out such inspections as he or she thinks appropriate in respect of any New Zealand ship, any vehicle, or other thing in an area where a marine oil spill response is being carried out:
subject to the provisions of section 306, require the owner or person for the time being in control of any land, building, vehicle, New Zealand ship, or any other real or personal property to place that property under his or her control and direction.

The powers under subsection (1) may be exercised by any on-scene commander, any person authorised by him or her, and any constable.
Nothing in subsection (1)(g) applies to any land, building, ship, vehicle, or other real or personal property under the control of the New Zealand Defence Force.

Compare

1983 No 46 ss 58–64(1)

Notes

Section 305(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).