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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:

"The person in charge of cleaning up a marine oil spill has the power to take control and make decisions to stop the spill."

If you are in charge of responding to a marine oil spill, you can take action to control or clean up the spill. You can tell the owner of a ship, offshore installation, or oil transfer site to do something or stop doing something to help with the response. You can also remove people who are getting in the way of the response from the area.

You can ask people to leave an area or keep them away from it while the response is happening. You can also stop people from accessing certain roads, public areas, or parts of the sea. If a ship, vehicle, or other thing is blocking the response, you can remove it, and if necessary, you can enter it by force.

You can inspect ships, vehicles, or other things in the area to make sure they are not making the spill worse. According to section 306, you can also ask the owner of land, buildings, or other property to let you control it while you respond to the spill. Other people, like police officers, can help you use these powers. However, these powers do not apply to property 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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304: Termination of marine oil spill response, or

"When someone in charge can stop cleaning up an oil spill in the sea"

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306: Matters to be complied with in requisitioning, or

"Rules for taking control of property to help with a marine oil spill"

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

305Powers of on-scene commander

  1. 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:

  2. 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:
    1. 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:
      1. 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:
        1. 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:
          1. 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:
            1. 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:
              1. 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.

                1. The powers under subsection (1) may be exercised by any on-scene commander, any person authorised by him or her, and any constable.

                2. 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 , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).