Part 26ACivil liability for pollution of marine environment from marine structures
385BLiability to the Crown and marine agencies for costs of cleaning up pollution
Subject to section 385E and Part 7, the person in charge of a marine operation or the owner of a marine structure must pay to the Crown (or marine agency) the cost, including goods and services tax (if any), reasonably incurred by or on behalf of the Crown (or marine agency) in dealing with—
- a harmful substance that is discharged or escapes, or any
waste or other matter that is dumped, from that marine
operation or marine structure into the internal waters of
New Zealand or into New Zealand continental waters or on to
the beds below those internal or continental waters;
or
- a harmful substance, if that harmful substance poses a
grave and imminent threat of being discharged or escaping
from that marine operation or marine structure into the
internal waters of New Zealand or into New Zealand
continental waters or on to the beds below those internal or
continental waters.
The amounts payable under subsection (1) are payable—
- as a debt due to the Crown or the marine agency, as the
case may be; and
- only to the extent that those amounts have not otherwise
been paid by the owner of the marine structure or the person
in charge of that marine operation.
For the purposes of subsection (1), dealing with means any reasonable action taken in relation to the discharge or escape of a harmful substance, or the dumping of any waste or other matter, including (but not limited to)—
- removing, containing, and rendering harmless the harmful
substance, or the waste or other matter, or doing any of
those things; and
- any reasonable measures taken to prevent or minimise the
discharge or escape of a harmful substance.
Compare
- 1974 No 14 s 30
- 1994 No 104 s 355
Notes
- Section 385B: inserted, on , by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).