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Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - General powers of Director in relation to protection of marine environment

395: Director may grant exemptions from marine protection rules

You could also call this:

"The Director can let some people or ships not follow certain marine protection rules in special cases."

The Director can let you or your ship not follow some marine protection rules if they think it is appropriate. They can choose specific people, ships, or things to exempt from certain rules. The Director can also exempt a whole group of people, ships, or things from some rules.

The Director must be sure that granting an exemption will not break any international agreements New Zealand has signed. They must also be sure that one of several conditions is met, such as the rule being unnecessary or already mostly followed. The Director needs to consider whether granting an exemption would increase safety risks or harm to the environment.

If the Director grants an exemption, it must not increase the risk of harm to the environment, human health, or property. You can find more information about exemptions in Sections 40AA(5), (7), and (8) and 40AB. Some exemptions are considered secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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395A: Appeal against decision on exemption under section 395(1)(a), or

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Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
General powers of Director in relation to protection of marine environment

395Director may grant exemptions from marine protection rules

  1. The Director may, if the Director thinks it appropriate,—

  2. exempt 1 or more named or specified persons, ships, marine protection products, offshore installations, pipelines, reception facilities, items of real or personal property, or other things from 1 or more specified requirements in a marine protection rule; or
    1. exempt any class of person, ship, marine protection product, offshore installation, pipeline, reception facility, real or personal property, or other thing from 1 or more specified requirements in a marine protection rule.

      1. The Director must not grant an exemption unless satisfied that—

      2. granting the exemption will not breach New Zealand’s obligations under any convention; and
        1. one of the following applies:
          1. the requirement has been substantially complied with and further compliance is unnecessary:
            1. the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:
              1. the requirement is clearly unreasonable or inappropriate in this particular case:
                1. compliance with the requirement could impede research into the development of emission reduction and control technologies and engine design programmes in relation to ships:
                  1. events have occurred that make the requirement unnecessary or inappropriate in this particular case; and
                  2. the risk to safety will not be significantly increased by granting the exemption; and
                    1. the granting of the exemption will not significantly increase the risk of harm,—
                      1. for a marine protection rule on ballast water or for the purposes of implementing Annex VI, to the environment, human health, property, or resources; or
                        1. for any other marine protection rule, to the marine environment.

                        2. The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.

                        3. This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.

                        4. Sections 40AA(5), (7), and (8) and 40AB apply with any necessary modifications to exemptions granted under subsection (1), but, to avoid doubt, the definition of class exemption in section 40AA(8) must be read as referring to a class exemption granted under subsection (1)(b).

                        5. An exemption granted under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 395: replaced, on , by section 40 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                        • Section 395(2)(b)(iiia): inserted, on , by section 12(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).
                        • Section 395(2)(d)(i): amended, on , by section 12(2) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).