Maritime Transport Act 1994

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

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

You could also call this:

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

If you own a marine structure or are in charge of a marine operation, you are responsible for any pollution damage it causes in New Zealand waters. This includes damage from harmful substances that leak or escape from your structure or operation, or from waste that is dumped from it. You are also responsible for the costs of any measures taken to prevent pollution if there is a threat that a harmful substance may be released.

You have to pay for the damage, including any goods and services tax, and for the costs of preventing the pollution. The Crown or a marine agency can take action to stop the pollution and you will have to pay for their costs. If the Crown or a marine agency has already recovered some costs from you under section 385B(1), you can still be asked to pay for other costs related to the pollution.

You can be held liable for pollution damage even if it happens on the sea bed or in the waters below the surface. The rules about liability for pollution damage are subject to sections 385D and 385E and Part 7 of 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=DLM5692716.


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

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


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

"Polluters are responsible for cleaning up marine damage, even if it's hard to say who caused what."

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

385CLiability for pollution damage from marine structures and operations

  1. Subject to sections 385D and 385E and Part 7, the owner of a marine structure or the person in charge of a marine operation is liable in damages, including goods and services tax (if any), for—

  2. all pollution damage in New Zealand or the internal waters of New Zealand or New Zealand continental waters or the beds below those internal or continental waters caused by—
    1. a harmful substance that is discharged or escapes from that structure or operation; or
      1. any waste or other matter that is dumped from that structure or operation; and
      2. the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that structure or operation 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 recovery of costs by the Crown (or marine agency) under section 385B(1) does not preclude a claim for costs under subsection (1) if that claim relates to matters that are different from the matters for which costs were recovered under section 385B(1).

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