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Maritime Transport Act 1994

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

338: Ships not entitled to certificate of clearance until levies paid

You could also call this:

"Ships must pay a levy before they can get a certificate to leave New Zealand."

When you pay an oil pollution levy, you can get a receipt if you ask for one. You need to pay the levy before you can get a certificate of clearance for your ship, as stated in section 37 of the Customs and Excise Act 2018. If you cannot show you have paid the levy, the chief executive of the New Zealand Customs Service will not give you the certificate.

If the chief executive refuses to give you a certificate of clearance, they must tell you in writing why they made that decision if you ask them. You can appeal to the District Court if you do not agree with the decision, using section 424. The court will then look at your case and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337858.

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337: Payment of levies, or

"Paying oil pollution levies to help keep our oceans clean"

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339: Evidence of nature and change of use, or

"Telling the Authority about changes to your ship or oil site's use"

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

338Ships not entitled to certificate of clearance until levies paid

  1. A receipt shall, if requested, be given to any person paying any oil pollution levy.

  2. Where any levy is payable in respect of a contributing ship, the ship is not entitled to a certificate of clearance under section 37 of the Customs and Excise Act 2018 until payment is made or evidence of earlier payment of the levy is produced to the chief executive of the New Zealand Customs Service.

  3. If the chief executive of the New Zealand Customs Service refuses to issue a certificate of clearance where evidence of payment of any levy payable in respect of the ship concerned is not produced, he or she must, upon request, provide reasons in writing for the decision.

  4. Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.

Compare
  • 1974 No 14 s 29E
  • 1977 No 130 s 3
Notes
  • Section 338(2): substituted, on , by section 3 of the Maritime Transport Amendment Act 2000 (2000 No 71).
  • Section 338(2): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
  • Section 338(3): substituted, on , by section 3 of the Maritime Transport Amendment Act 2000 (2000 No 71).
  • Section 338(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).