391Power of Director to make emergency marine protection rules

1. The Director may from time to time make rules (to be called emergency marine protection rules) for any of the purposes for which the Minister may make rules under this Part, if the Director considers that—

2. such rules are necessary to alleviate or minimise any damage to the marine environment or threat of imminent damage to the marine environment; and
3. it is not practicable in the circumstances of the particular case for the Minister to make rules to effectively eliminate or alleviate the damage or threat of damage to the marine environment.

4. The Minister may revoke any emergency marine protection rule.

5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

6. emergency marine protection rules under subsection (1):
7. a revocation under subsection (2).

8. If the Director is of the opinion that, because of reasons of safety or because of the imminence of the threat to the marine environment, it is impracticable to publish immediately an emergency maritime protection rule or revocation under that Act, the Director must give a copy of it to the persons (if any) whom the Director considers appropriate.

9. An emergency marine protection rule or revocation to which subsection (4) applies—

10. has effect only in relation to a person to whom it has been given under subsection (4); and
11. comes into force in relation to that person immediately after it is given to the person (even if it is not yet published).

12. For the purposes of subsection (4), a rule or revocation may be given in any way the Director considers appropriate.