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Maritime Transport Act 1994

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

335: Rates and basis of oil pollution levies

You could also call this:

"How much you pay for oil pollution levies depends on your situation and type of ship or oil."

When it comes to oil pollution levies, you do not have to pay the same rate as everyone else. The rates can be different for various groups of people. You might pay a different rate depending on the type of ship, oil site, or oil you have. Even if you have the same type of ship, oil site, or oil as someone else, you might still pay a different rate if your situation is different.

An Order in Council made under section 333 can set different rates for levies. This Order can decide how the rate of the levy is calculated, such as a flat annual rate per ton of ship or per tonne of oil. The Order can also decide when you have to pay the levy and how often you have to pay it.

The Order in Council can require you to pay the levy in advance or at a later time. It can also say when you have to pay the levy and for what period of time. If you pay a levy and it is later decided that you do not have to pay it, you might get a refund. The owners and people in charge of ships, oil sites, and oil can be held responsible for paying the levies.

There are some situations where you do not have to pay the levy when your ship enters a port in New Zealand. This includes if you are entering the port to save a life or get medical help. You also do not have to pay the levy if you are entering the port because of bad weather or other circumstances that you could not control.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337855.

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334: Consultation on oil pollution levies, or

"Talking to experts before deciding on oil pollution fees"

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336: Incurring of levies, or

"When ships come to New Zealand, they must pay a special oil pollution fee."

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

335Rates and basis of oil pollution levies

  1. Oil pollution levies are not required to be at a uniform rate and, in particular, different rates may be imposed—

  2. on different classes of person; and
    1. in respect of different classes of contributing ships, contributing oil sites, and contributing oil; and
      1. in respect of contributing ships, contributing oil sites, and contributing oil of the same class if different circumstances (which may include different levels of marine oil pollution risk) apply.

        1. An Order in Council under section 333 may fix different rates of levy in respect of contributing ships, contributing oil sites, and contributing oil, of the same class if different circumstances (which may include different levels of marine oil pollution risk) apply.

        2. Any such Order in Council may provide that the rate of any levy shall be calculated—

        3. at a specified flat annual rate per gross ton of the contributing ship:
          1. at a specified rate in respect of each entry of a contributing ship into a port in New Zealand:
            1. at a specified flat annual rate per tonne of oil:
              1. on any other specified basis whatever.

                1. Any such Order in Council may—

                2. require levies to be paid in advance or otherwise:
                  1. prescribe dates for payment of levies:
                    1. prescribe the periods in respect of which the levies shall be payable:
                      1. provide for the refund of the whole or any part of a levy paid in advance or otherwise, in circumstances specified in the Order in Council:
                        1. make the owners and masters of contributing ships, and the owners of contributing oil sites, and contributing oil, as the case may be, jointly and severally liable for levies.

                          1. No such Order in Council shall apply to a contributing ship in respect of its entry into a port in New Zealand—

                          2. solely for the purpose of saving or preventing danger to human life, or of obtaining medical treatment for any person; or
                            1. solely because of weather conditions or any other circumstances that neither the owner nor the master of the ship could have prevented or forestalled.

                              Compare
                              • 1974 No 14 s 29B(2), (5)
                              • 1977 No 130 s 3
                              • 1990 No 98 s 42B
                              • 1992 No 75 s 22