Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Miscellaneous provisions relating to responses to marine oil spills

318: Appointment of regional on-scene commanders

You could also call this:

"Who's in charge of cleaning up oil spills in our oceans?"

When there is a marine oil spill, you need to know who is in charge of responding to it. Every regional council must appoint a regional on-scene commander for their area. This person is responsible for managing and co-ordinating the response to the spill.

If the regional on-scene commander is not available, the council must appoint someone else to take their place. This person will have the same powers and duties as the regional on-scene commander until they return. The council must make sure the person they appoint is qualified to do the job.

The regional council can only appoint people who are qualified under the marine protection rules to be regional on-scene commanders. If the rules do not say what qualifications are needed, the council must get approval from the Director before making an appointment. The regional on-scene commander is in charge of using the council's resources to respond to the marine oil spill.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337806.

317: Penalties, or

"Breaking certain maritime rules can lead to fines of up to $10,000 for individuals or $100,000 for others"

319: Appointment of National On-Scene Commander, or

"Who's in charge of responding to marine oil spills in New Zealand?"

Part 23Plans and responses to protect marine environment from marine oil spills
Miscellaneous provisions relating to responses to marine oil spills

318Appointment of regional on-scene commanders

Every regional council shall from time to time appoint—
a regional on-scene commander for its region; and
a person or persons, who shall perform the functions and duties and may exercise the powers of a regional on-scene commander, if the office of regional on-scene commander is vacant or the regional on-scene commander is absent, for so long as that vacancy or absence continues.

Any person appointed under subsection (1)(b) shall, subject to the terms of appointment, be deemed to be a regional on-scene commander during any vacancy or absence.
The regional on-scene commander of a regional council shall manage and co-ordinate the response of, and direct the use of the resources available to, that regional council, in relation to any marine oil spill in respect of which the council is taking action.
A regional council shall, in appointing any person or persons under paragraph (a) or paragraph (b) of subsection (1), appoint only such person or persons as are qualified under the marine protection rules to act as regional on-scene commanders.
If the marine protection rules do not prescribe qualifications for a regional on-scene commander, a regional council shall appoint, under paragraph (a) or paragraph (b) of subsection (1), only those persons who are approved by the Director.

Compare

1983 No 46 s 30
1989 No 33 s 5