Maritime Transport Act 1994

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

389: Marine protection rules in relation to waste or other matter

You could also call this:

"Rules to stop waste hurting our oceans and seas"

The Minister can make rules to protect the marine environment from waste and other harmful things. These rules can say what types of waste are toxic or hazardous, and which ones need a permit to be dumped. You can find more information about permits in section 262 and section 262A.

The Minister can also make rules about how to apply for a permit, who needs to be told about the application, and what people can do if they disagree with the application. The rules can specify what conditions must be met for a permit to be issued, and what the terms and conditions of the permit are. You can learn more about the publication requirements for these rules in Part 3 of the Legislation Act 2019.

Before making these rules, the Minister must talk to other Ministers who might be affected by the rules. The rules are a type of secondary legislation, which means they are made under an Act of Parliament.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338337.

388: Marine protection rules in relation to harmful and other substances, or

"Rules to protect the ocean from harmful substances"

390: Marine protection rules in relation to marine oil spills and other matters, or

"Rules to protect New Zealand's oceans from oil spills and other harm"

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—
1. 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
2. the duration of the dumping operation authorised by the permit:
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 31 October 2015, 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 31 October 2015, 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 31 October 2015, 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 31 October 2015, 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 31 October 2015, 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 31 October 2015, 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 31 October 2015, 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 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).