Maritime Transport Act 1994

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

394: Regulations

You could also call this:

"Rules Made by the Governor-General for Maritime Transport"

Illustration for Maritime Transport Act 1994

The Governor-General can make regulations for certain purposes. You need to know what these purposes are. They include things like insurance for ships and offshore installations. The Governor-General can also make rules about breaches of marine protection rules. You can get a fine if you break these rules. The fine can be up to $10,000 for an individual or $50,000 for another person. Regulations can also prescribe infringement fees. These fees can be up to $2,000 for an individual or $12,000 for another person. The Governor-General can make regulations for other matters too, like giving effect to certain parts of the Act. Regulations can be different for different classes of people or ships. They can also be different in different circumstances. You can find out more about publication requirements for regulations 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=DLM338346.

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

394Regulations

  1. Without limiting any other provision of this Act, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing purposes for which expenditure budgets are not required under section 332:
    1. requiring insurance and other financial guarantees, and certification relating to the same, in respect of offshore installations and classes of offshore installations:
      1. requiring insurance and other financial guarantees, and certification relating to the same in respect of ships, or classes of ships, other than regulated oil tankers (as defined in section 342):
        1. prescribing those breaches of marine protection rules that constitute offences against this Act:
          1. prescribing those breaches of marine protection rules that constitute infringement offences against this Act:
            1. prescribing the penalty for each offence prescribed under paragraph (d) which,—
              1. in the case of an individual, shall be a fine not exceeding $10,000; or
                1. in the case of any other person, shall be a fine not exceeding $50,000:
                2. prescribing the infringement fee for each offence prescribed under paragraph (e) which,—
                  1. in the case of an individual, shall be a fine not exceeding $2,000; or
                    1. in the case of any other person, shall be a fine not exceeding $12,000:
                    2. prescribing offences for breaches of any regulations made under this section and, except where some other penalty is prescribed by this Act, prescribing the penalty for each such offence which,—
                      1. in the case of an individual, shall be a fine not exceeding $10,000; or
                        1. in the case of any other person, shall be a fine not exceeding $50,000:
                        2. such other matters as are contemplated by or necessary for giving full effect to the provisions of Parts 18 to 27 and for their due administration.
                          1. Regulations made under subsection (1) may, in addition to any other penalty imposed under this section, where the offence is a continuing one, impose further fines not exceeding $1,000 for each day or part of a day on which the offence is continued.

                          2. Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, offshore installations, pipelines, marine protection products, or other property or with respect to the same class of person, ship, offshore installation, pipeline, marine protection product, or other property in different circumstances.

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

                          Notes
                          • Section 394(1)(f)(i): amended, on , by section 39(1) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                          • Section 394(1)(f)(ii): amended, on , by section 39(2) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                          • Section 394(1)(h)(i): amended, on , by section 39(3) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                          • Section 394(1)(h)(ii): amended, on , by section 39(4) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                          • Section 394(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).