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Maritime Transport Act 1994

Civil liability for pollution of marine environment from marine structures

385B: Liability to the Crown and marine agencies for costs of cleaning up pollution

You could also call this:

"Paying for cleaning up pollution in New Zealand's waters"

If you are in charge of a marine operation or you own a marine structure, you must pay the Crown or a marine agency for the cost of cleaning up pollution. This includes the cost of dealing with harmful substances or waste that comes from your marine operation or structure and goes into New Zealand's internal or continental waters. You have to pay for things like removing the harmful substance or waste, and taking measures to prevent more pollution.

The amount you have to pay is a debt to the Crown or the marine agency, and you only have to pay if the costs have not been paid by someone else. When the law says "dealing with" pollution, it means taking reasonable actions to clean up the pollution, such as removing or containing the harmful substance.

You can find more information about this in section 385E and Part 7 of the Maritime Transport Act 1994.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5692713.

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385A: Interpretation, or

"What special words mean in the Maritime Transport Act"

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385C: Liability for pollution damage from marine structures and operations, or

"Pollution damage from boats or marine activities: you pay for the harm and cleanup costs"

Part 26ACivil liability for pollution of marine environment from marine structures

385BLiability to the Crown and marine agencies for costs of cleaning up pollution

  1. 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—

  2. 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
    1. 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.

      1. The amounts payable under subsection (1) are payable—

      2. as a debt due to the Crown or the marine agency, as the case may be; and
        1. 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.

          1. 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)—

          2. removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
            1. any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance.

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