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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 you off some marine protection rules if it's fair and safe."

Illustration for Maritime Transport Act 1994

The Director can exempt you from some marine protection rules if they think it is appropriate. They can exempt a specific person, ship, or thing, or a whole class of them. The Director must be satisfied that granting the exemption will not breach New Zealand's obligations under any convention. The Director must also be satisfied that one of several conditions applies, such as the requirement being substantially complied with or being clearly unreasonable. They must also consider the risk to safety and the risk of harm to the environment, human health, property, or resources. You can find more information about exemptions in sections like Sections 40AA(5), (7), and (8) and 40AB. If the Director grants an exemption to a whole class of people or things, it is considered secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. The Director's power to grant exemptions does not limit any other power of exemption under this Act or any other maritime Act. The Director cannot grant an exemption if the relevant rule specifically says no exemptions can be granted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338348.

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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).