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Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - Marine protection rules

387: Marine protection rules relating to marine protection documents

You could also call this:

"Rules for documents that help keep our seas safe"

The Minister can make rules about documents for protecting the sea. You might need a special document if you have a New Zealand ship, a foreign ship, or an offshore installation. The Minister can also make rules for other things like marine incineration facilities, oil transfer sites, and cargo loading and unloading terminals.

The Director can issue or recognise these documents for a certain period and with certain conditions. The rules will say what you need to do to get a document and how long it will last. If you do not agree with a decision about your document, you can appeal to the District Court under section 424.

The Minister can make rules about insurance or other financial security for things like ships and offshore installations. These rules might say what types of insurance you need and how much you need to pay. You can find more information about these rules 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=DLM338335.

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Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
Marine protection rules

387Marine protection rules relating to marine protection documents

  1. The Minister may from time to time make marine protection rules requiring that a marine protection document be held by or in respect of all or any of the following:

  2. New Zealand ships:
    1. foreign ships:
      1. offshore installations:
          1. marine incineration facilities:
            1. oil transfer sites:
              1. cargo loading and unloading terminals:
                1. marine protection products:
                  1. reception facilities:
                    1. persons or organisations that provide—
                      1. maritime training; or
                        1. the testing, inspection, audit, or certification of ships or marine protection products; or
                          1. the design, manufacture, or maintenance of ships or marine protection products:
                          2. any other vessel, equipment, person, or organisation engaged or used in maritime activities or activities that, in the opinion of the Minister, relate to maritime activities.

                            1. Marine protection rules may provide for the recognition in writing by the Director of licences, permits, certificates, or other documents.

                            2. The requirements, standards, and application procedure for each marine protection document and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by the marine protection rules.

                            3. The marine protection rules may specify the requirements and criteria that must be satisfied in respect of the relevant insurance or other financial security for the Director to issue a certificate of insurance under section 363, 363A, or 385H.

                            4. Without limiting subsection (4), the marine protection rules may—

                            5. provide for the types of liability and the amount for which insurance or other financial security must be held for the purpose of section 385H (and may provide for different amounts for different types of liability); and
                              1. set requirements and criteria for regulated offshore installations that must be satisfied in respect of insurance or other financial security for the costs of complying with a marine oil spill contingency plan in accordance with section 313.

                                1. Subject to any marine protection rules, a marine protection document may be issued or a document may be recognised as a marine protection document, as the case may be, by the Director for such specified period and subject to such conditions as the Director considers appropriate in each particular case.

                                2. 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.

                                3. Marine protection rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Compare
                                • 1990 No 98 s 7
                                Notes
                                • Section 387(1)(d): repealed, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                                • Section 387(4): amended, on , by section 6(1) of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).
                                • Section 387(4): amended, on , by section 98 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                • Section 387(4A): inserted, on , by section 6(2) of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).
                                • Section 387(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                • Section 387(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).