Maritime Transport Act 1994

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

312: Limits on powers of on-scene commander

You could also call this:

"Rules that limit what the person in charge of a marine oil spill can do"

When you are dealing with a marine oil spill, there are people in charge who have certain powers. These powers come from sections like section 305 and section 311 in the Maritime Transport Act. You need to know that these people cannot use their powers if it conflicts with others who have authority.

You might see people from the Civil Defence Emergency Management Act 2002, like those under Part 5, or the National Recovery Manager, or even constables under section 10 of the International Terrorism Act. Their powers must be respected and not conflicted with. This is to ensure that everyone works together smoothly.

The on-scene commander also cannot use their powers if it goes against what the Director or Minister decides under Part 20. This is to make sure that everyone is on the same page and working towards the same goal. You should be aware that there are rules in place to guide how these powers are used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337697.


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311: Additional powers of on-scene commander, or

"Powers to help stop and clean up a marine oil spill"


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313: Compliance with marine oil spill contingency plans, or

"Follow the plan to clean up oil spills in the sea"

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

312Limits on powers of on-scene commander

  1. No power conferred by section 305 or section 311 may be exercised so as to conflict with the exercise of a power by—

  2. a person under Part 5 of the Civil Defence Emergency Management Act 2002; or
    1. the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or
      1. any constable under section 10 of the International Terrorism (Emergency Powers) Act 1987.
        1. No power conferred by section 305 or section 311 shall be exercised so as to be inconsistent with any power exercised by the Director or the Minister under Part 20.

        Notes
        • Section 312(1): substituted, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
        • Section 312(1)(b): replaced, at 9.59 pm on , by section 42 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
        • Section 312(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).