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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, you need to know what some words mean. A harmful substance is something that can hurt the environment, like oil or something listed in the marine protection rules. You can find more information about harmful substances in the marine protection rules.

A marine agency is a group that helps keep the ocean safe, like the Authority or a regional council. A marine structure is something in the ocean that people use, like a pipeline or a special platform. Oil is a type of substance that can last a long time and hurt the environment.

Pollution damage is when the environment gets hurt because of something people did. This can include the cost of cleaning up the mess, making the environment healthy again, and losing money because the environment is hurt. A port facility is a place where ships come and go, like a port or a building near the port.

A regulated offshore installation is a special structure in the ocean that is controlled by New Zealand laws. This can include pipelines connected to the structure. You can find more information about these terms in the law.

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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=DLM5693034.

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385: Levies on oil imports, or

"The government can charge a fee on oil brought to New Zealand by sea."

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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"

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).