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Maritime Transport Act 1994

Protection of marine environment from ballast water

246C: Offence

You could also call this:

"Breaking the rules about discharging ballast water from ships is an offence"

Illustration for Maritime Transport Act 1994

You can commit an offence if ballast water is discharged from a ship in breach of section 246B. The master or owner of the ship commits an offence in this situation. They can be liable to imprisonment or a fine. You can also commit an offence if you cause intentional damage that results in the discharge of ballast water. You can be liable to imprisonment for up to 2 years or a fine of up to $200,000. If the offence continues, you can be fined up to $10,000 for each day it continues. Section 246 applies to this offence, which means certain rules about offences under section 237 also apply to this 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=DLM7443423.

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Topics:
Environment and resources > ConservationTransport and travel > Boating

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).