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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 on-scene commander can do in a marine oil spill"

Illustration for Maritime Transport Act 1994

When you are dealing with a marine oil spill, there are rules about what the on-scene commander can do. The on-scene commander cannot use their powers in a way that conflicts with someone using powers under the Civil Defence Emergency Management Act 2002, or the National Recovery Manager, or a constable using powers under the International Terrorism (Emergency Powers) Act 1987. The on-scene commander also cannot use their powers in a way that is inconsistent with the Director or Minister using powers under Part 20.

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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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Topics:
Environment and resources > ConservationGovernment and voting > Emergency management

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).