Maritime Transport Act 1994

Consequential amendments, transitional provisions, and repeals

470: Proceedings under Marine Pollution Act 1974

You could also call this:

"What happens if someone polluted the water before the law changed"

Illustration for Maritime Transport Act 1994

You can still take action under the Marine Pollution Act 1974 if something happened before it was repealed. The Marine Pollution Act 1974 and its rules will still apply to these cases. You will follow the same rules as if the Act had not been repealed. You can take action for offences that happened in a harbour's waters. The regional council and the Director can start proceedings for these offences. They can do this for most offences under the Marine Pollution Act 1974. The Marine Pollution Act 1974 has specific rules that still apply. These rules say what you can and cannot do. You must follow these rules when taking action under the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM339203.

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Environment and resources > ConservationCrime and justice > Police and safety

Part 31Consequential amendments, transitional provisions, and repeals

470Proceedings under Marine Pollution Act 1974

Nothing in this Part shall prevent proceedings being commenced under the Marine Pollution Act 1974 where the events to which those proceedings relate have occurred before the repeal of that Act.
In any proceeding to which subsection (1) applies, the provisions of the Marine Pollution Act 1974 and any regulations and Orders in Council made under that Act shall apply as if they had not been repealed or revoked.
For the purposes of subsection (1) and section 60(7) of the Marine Pollution Act 1974, the regional council within whose region the relevant harbour is located and the Director shall be deemed to be authorised to institute proceedings for an offence (other than an offence against section 12(7) of the Marine Pollution Act 1974) committed in or in relation to the waters of a harbour.