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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:

"Special permit to dump waste at sea in an emergency"

Illustration for Maritime Transport Act 1994

You can get a special permit to dump waste in the sea if there's an emergency. This is when there's a big risk to people's health, safety, or the marine environment. You can apply to the Director for this permit if you need to dump waste beyond New Zealand's continental waters. You can do this if it would normally be against the rules, like those in section 261. The Director can give you the permit if they think it's necessary to remove the risk. They must also think there's no other way to deal with the waste. Before the Director gives you the permit, they must talk to other countries that might be affected. They must also tell the International Maritime Organization about your application. The Director follows rules like those in section 270 when making this decision. The Director will only give you the permit if they are satisfied that an emergency exists and dumping the waste will help. They also need to be sure there's no other way to get rid of the waste. You can find more information about this in the related section.

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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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Topics:
Environment and resources > ConservationHealth and wellbeing > Public health

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).