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Maritime Transport Act 1994

Further regulation of maritime activity - Granting of exemptions from maritime rules

40AB: General provisions relating to exemptions

You could also call this:

"Rules for Getting Exceptions to Maritime Laws"

Illustration for Maritime Transport Act 1994

You can get an exemption from some maritime rules. The Director decides if you get an exemption. The Director can set conditions for the exemption. The Director can also change or cancel an exemption. You can get an exemption for a certain time or for an indefinite time. The exemption starts on the date stated in the exemption. If the exemption is only for a certain time, it ends on the date stated. If the exemption does not say how long it lasts, it lasts until it is changed or cancelled. If you break the conditions of the exemption, you break the maritime rule. This is unless the exemption says something different. The Director can replace an exemption before or after it ends. The exemption must follow the rules in the Legislation Act 2019. You can find more information about exemptions in section 40AA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482367.

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Topics:
Transport and travel > BoatingBusiness > Industry rules

Part 4Further regulation of maritime activity
Granting of exemptions from maritime rules

40ABGeneral provisions relating to exemptions

  1. This section applies to exemptions under section 40AA.

  2. The Director may—

  3. grant an exemption on any terms and conditions that the Director thinks fit:
    1. amend or revoke an exemption:
      1. grant an exemption for an indefinite or limited period:
        1. replace an exemption either before or when it expires.

          1. An exemption takes effect from the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019).

          2. An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.

          3. If the term of an exemption is not specified in the exemption, it has effect for an indefinite period (or until it is replaced or revoked).

          4. The breach of a term or condition of an exemption is a breach of the relevant provision in the rule to which the exemption relates (unless the terms of the exemption provide otherwise).

          Notes
          • Section 40AB: inserted, on , by section 33 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).