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Maritime Transport Act 1994

Financing plans and responses to protect the marine environment from marine oil spills - Oil pollution levies

333: Oil pollution levies

You could also call this:

"Charges to help pay for cleaning up oil spills in New Zealand's waters and coastlines."

The Governor-General can impose oil pollution levies on certain people to help pay for the New Zealand Oil Pollution Fund. You might have to pay a levy if you own or are in charge of a ship that uses oil, or if you own an oil site or oil. The Minister must recommend that the Governor-General impose the levies, and they can only do this if they think it is reasonable and the levies will cover the planned expenditure from the Fund without reducing the reserves, as mentioned in section 332(6). The Minister also needs to make sure the Authority has consulted the Oil Pollution Advisory Committee as required by section 334. You might be required to provide information about the levies you pay, and there may be rules about how you provide this information. An order about oil pollution levies is a type of secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337853.

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"Get Fund money? First, plan how you'll spend it and get approval"

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334: Consultation on oil pollution levies, or

"Talking to experts before deciding on oil pollution fees"

Part 24Financing plans and responses to protect the marine environment from marine oil spills
Oil pollution levies

333Oil pollution levies

  1. Subject to subsections (3) and (4), the Governor-General may from time to time, by Order in Council, impose on all or any of the persons referred to in subsection (2) oil pollution levies for the purposes of providing money for the New Zealand Oil Pollution Fund.

  2. Levies may be imposed under subsection (1) on all or any of the following:

  3. the owners and masters of contributing ships:
    1. the owners of contributing oil sites:
      1. the owners of contributing oil.

        1. Any Order in Council made under this section shall be made only on the recommendation of the Minister.

        2. The Minister shall not make any recommendation under subsection (3) unless—

        3. the recommendation has been made at the request and with the concurrence of the Authority; and
          1. he or she is satisfied that the planned expenditure from the Fund is reasonable and the levies recommended will enable that expenditure to be met without reducing the level of reserves referred to in section 332(6); and
            1. he or she is satisfied that the Authority has consulted the Oil Pollution Advisory Committee as required by section 334.

              1. An Order in Council made under this section may—

              2. require returns to be made by the persons by whom any levy is payable; and
                1. prescribe requirements and conditions relating to the making of such returns.

                  1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Compare
                  • 1974 No 14 s 29B
                  • 1977 No 130 s 3
                  • 1990 No 98 ss 42A, 42D(2)
                  • 1992 No 75 s 22
                  Notes
                  • Section 333(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).