Maritime Transport Act 1994

Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes - Obligations in respect of dumping, storing, and incineration of wastes

262A: Emergency dumping permit

You could also call this:

"A special permit to dump waste at sea in an emergency to keep people and the ocean safe."

If you are in a situation that poses a big risk to people's health, safety, or the ocean, it is called an emergency. In an emergency, you can ask the Director for a special permit to dump waste into the sea, even if it is normally not allowed under section 261. The Director can give you this permit if they think it is necessary to remove the risk and there is no other way to do it, following the rules in section 270 and the marine protection rules.

When you ask for this permit, the Director must talk to other countries that might be affected and tell the International Maritime Organization that you have asked for the permit. The Director will only give you the permit if they are sure that dumping the waste is the only way to make things safe. You can find more information about this in section 262B and other related sections.

The Director has to follow certain steps before giving you the permit, and they have to be careful to make sure that dumping the waste is really the best solution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6641184.


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"Rules for dumping waste from New Zealand ships or aircraft in the ocean"


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262B: Conditions of emergency dumping permit, or

"Rules to follow when you have a permit to dump waste in an emergency"

Part 21Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes
Obligations in respect of dumping, storing, and incineration of wastes

262AEmergency dumping permit

  1. This section and section 262B apply if a situation arises which poses an unacceptable risk to human health, human safety, or the marine environment (an emergency).

  2. Any person may apply to the Director, in an emergency, for an emergency dumping permit to dump waste or other matter into the sea beyond New Zealand continental waters (which would otherwise contravene section 261).

  3. The Director may issue the permit in accordance with section 270 and the marine protection rules, if he or she is satisfied that—

  4. an emergency exists; and
    1. the dumping of the waste or other matter is necessary to remove or reduce the risk; and
      1. there is no practical alternative to the dumping of the waste or other matter.
        1. Before the Director issues a permit under subsection (3), the Director must—

        2. consult with the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and
          1. notify the International Maritime Organization that he or she has received an application for an emergency dumping permit.
            Notes
            • Section 262A: inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).