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Maritime Transport Act 1994

Protection of marine environment from ballast water

246C: Offence

You could also call this:

"Breaking the ballast water rules is a crime and can lead to fines or imprisonment."

If ballast water is discharged from a ship in breach of section 246B, you need to know what happens. The master or owner of the ship commits an offence if this happens. You also commit an offence if you are not the master or owner, but you cause damage on purpose that results in the ballast water being discharged.

If you commit an offence, you can be liable for imprisonment or a fine. The imprisonment can be for up to 2 years, or you can get a fine of up to $200,000. If the offence continues, you can get an extra fine of up to $10,000 for each day it continues.

Section 246 applies to this situation, and it refers to this section instead of section 237.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7443423.

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246B: Discharge from ships, or

"Rules for releasing water from ships to protect the ocean"

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246D: Defences, or

"Reasons you might not be in trouble for breaking the ballast water rules"

Part 19AProtection of marine environment from ballast water

246COffence

  1. This section applies if ballast water is discharged from a ship in breach of section 246B.

  2. The master or owner of the ship commits an offence.

  3. A person who is not the master or owner of the ship and who causes intentional damage resulting in the discharge of the ballast water commits an offence.

  4. A person who commits an offence under this section is liable to—

  5. imprisonment for a term not exceeding 2 years; or
    1. a fine or fines as follows:
      1. a fine not exceeding $200,000; and
        1. if the offence is a continuing one, a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.

        2. Section 246 applies as if the reference to section 237 were a reference to this section.

        Notes
        • Section 246C: inserted, on , by section 86(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).