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Maritime Transport Act 1994

Civil liability for pollution of marine environment from marine structures - Liability for pollution from marine structures and operations

385D: Liability for unattributable pollution damage from marine structures and operations

You could also call this:

"Who pays for pollution damage when it's hard to say who's responsible?"

Illustration for Maritime Transport Act 1994

You can be liable for pollution damage from marine structures and operations. If you are liable, but your pollution damage cannot be separated from others, you are liable for all the damage with the others. You can read more about this in section 385C and section 385E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5692707.

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Environment and resources > ConservationMoney and consumer rights > Liability

Part 26ACivil liability for pollution of marine environment from marine structures
Liability for pollution from marine structures and operations

385DLiability for unattributable pollution damage from marine structures and operations

  1. Where the owner of a marine structure or the person in charge of any marine operations is liable in damages for pollution damage under section 385C, but the pollution damage for which that owner or person in charge is liable cannot reasonably be separated from the pollution damage for which any other owner of a marine structure or person in charge of any marine operations, or both, is liable under section 385C, each of the owners and persons in charge is liable, jointly and severally with the others, for the whole of the pollution damage for which the owners and persons in charge together would be liable under section 385C.

  2. Any liability under subsection (1) is subject to the provisions of section 385E.

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Notes
  • Section 385D: inserted, on , by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).