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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

392: Matters to be taken into account in making marine protection rules

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"What to consider when making rules to protect the sea"

Illustration for Maritime Transport Act 1994

When making marine protection rules, you need to think about some important things. You have to consider protecting the marine environment and keeping people safe at sea. You also have to think about how the rules might affect the economy and people's health. You must consider what the International Maritime Organisation recommends for protecting the marine environment. You have to think about how much it will cost to put the new rules in place. You also have to consider what might happen to the marine environment if the new rules are not made. The Minister or Director can think about other things that are relevant to the situation. They can look at things like previous laws and amendments to help them make decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338340.

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Topics:
Environment and resources > ConservationTransport and travel > Boating

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

392Matters to be taken into account in making marine protection rules

  1. In making any marine protection rules, the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

  2. the need to—
    1. protect the marine environment:
      1. maintain and improve maritime safety:
      2. whether the proposed rule—
        1. assists economic development:
          1. improves access and mobility:
            1. promotes and protects public health:
              1. ensures environmental sustainability:
              2. the recommended international practices of the International Maritime Organisation relating to protection of the marine environment:
                1. the costs of implementing measures for which the rule is being proposed:
                  1. the risk to the marine environment if the proposed rule is not made:
                    1. such other matters as the Minister or the Director, as the case may be, considers appropriate in the circumstances.

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                      Notes
                      • Section 392(a): substituted, on , by section 7(1) of the Maritime Transport Amendment Act 2004 (2004 No 98).
                      • Section 392(ab): inserted, on , by section 7(1) of the Maritime Transport Amendment Act 2004 (2004 No 98).
                      • Section 392(c): substituted, on , by section 7(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).