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Maritime Transport Act 1994

Civil liability for pollution of marine environment from marine structures

385A: Interpretation

You could also call this:

"What special words mean in the Maritime Transport Act"

Illustration for Maritime Transport Act 1994

When you read this part of the law, some words have special meanings. A harmful substance is something that can hurt the environment, like oil. You can find a list of these substances in the marine protection rules, under section 225. A marine agency is a group that helps keep our oceans safe, like the Authority or a regional council. A marine structure is something in the ocean that can hold or move harmful substances, like a pipeline or a special platform. Pollution damage is when the environment gets hurt because of harmful substances, and it includes the cost of cleaning it up. It also includes the cost of fixing the environment and any money lost because of the damage. A port facility is a place where ships come and go, like a port or a special building. A regulated offshore installation is a special platform in the ocean that is watched by the government, and it can include pipelines connected to it. Oil is a type of substance that can hurt the environment and is made from minerals. You should know what these words mean so you can understand the law better.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5693034.

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

385AInterpretation

  1. In this Part, unless the context otherwise requires,—

    harmful substance means—

    1. any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules; and
      1. oil

        marine agency means the Authority, a regional council, or the operator of a port facility

          marine structure means an offshore installation, a pipeline, or any facility, site, structure, or thing used to transfer a harmful substance to or from a ship, or an offshore installation

            oil means any persistent hydrocarbon mineral oil

              pollution damage means damage or loss of any kind and—

              1. includes the costs of any reasonable preventive measures taken to prevent or reduce pollution damage and any damage or loss occurring as a result of those measures; and
                1. includes the costs of reasonable measures of reinstatement of the environment that are undertaken or to be undertaken; and
                  1. includes losses of profit from impairment of the environment; but
                    1. does not include any costs in relation to the impairment of the environment other than the costs referred to in paragraphs (b) and (c)

                      port facility means—

                      1. a port; and
                        1. the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port's operation or administration

                          regulated offshore installation—

                          1. means an offshore installation within New Zealand continental waters; and
                            1. includes any pipeline connected to that installation.

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                            Notes
                            • Section 385A: inserted, on , by section 62 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                            • Section 385A insurance: repealed, on , by section 4 of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).