Part 27Making of marine protection rules and regulations and taking of other
measures to protect marine environment
Marine protection rules
389Marine protection rules in relation to waste or other matter
The Minister may from time to time make marine protection rules for all or any of the following purposes:
- to specify the types of waste or other matter that are
toxic or hazardous wastes for the purposes of
section 257:
- to specify the types of waste or other matter for which
permits, or any class of permit, may not be granted under
section 262
or
262A:
- to specify the types of waste or other matter for which
permits, or any class of permit, may be granted under
section 262
or
262A:
- to specify the application procedure for permits, or any
class of permit, under
section 262
or
262A, including the persons (if any) who are to receive notice
of the application:
- to specify the procedure for the persons (if any) who are
to receive notice of an application for a permit under
section 262
or
262A
to make submissions:
- to specify the requirements to be satisfied for a permit,
or any class of permit, under
section 262
to be issued:
- to specify the terms and conditions of permits or any class
of permit granted under
section 262:
- to specify the maximum duration of permits or any class of
permit granted under
section 262
or
262A:
- to authorise the Director to specify the duration of a
permit granted under
section 262
or
262A
by reference to—
- a period of time that must be no longer than the
maximum duration specified for the permit under
paragraph (ga) (if one is specified); or
- the duration of the dumping operation authorised by the
permit:
- a period of time that must be no longer than the
maximum duration specified for the permit under
paragraph (ga) (if one is specified); or
- to specify the persons (if any) with whom the Director must
consult before granting a permit or any class of permit
under
section 262:
- to provide for the issue or renewal of permits or any class
of permit granted under
section 262:
- to provide for the operational requirements in respect of,
and for the survey, testing, and monitoring of, marine
incineration facilities.
The Minister shall, before making any marine protection rules under subsection (1), consult with such other Ministers as he or she considers appropriate having regard to the particular subject matter of the proposed rules.
Marine protection rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 389(1)(b): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(c): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(d): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(e): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(g): replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(ga): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(1)(gb): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
- Section 389(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


