Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - General powers of Director in relation to protection of marine environment

396A: Inspections and audits in relation to Annex VI

You could also call this:

"Checks on ships to protect the environment from harm"

The Director can ask you to do inspections or audits if you have a marine protection document or operate a ship. This is to protect the environment from harm caused by ships, check if a ship has discharged substances it should not have, test new technologies to reduce emissions, or monitor if you are following the rules. The Director can also do these inspections or audits themselves to make sure you are doing the right thing.

You might have to give the Director information they need for the inspection or audit. If you are in charge of a ship, you might have to let the Director take a sample of the ship's fuel oil to test it, show them that you and your crew know what to do to prevent pollution, or demonstrate that you can do maintenance and servicing tasks correctly.

The Director is doing this to make sure you are following the rules and protecting the environment, including the marine environment, from harm caused by discharges from ships that are subject to the provisions of Annex VI. The Director's powers come from the Maritime Transport Act 1994, which was amended by the Maritime Transport (MARPOL Annex VI) Amendment Act 2021.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS618264.


Previous

396: Inspections and audits (other than in relation to Annex VI), or

"Checks to protect the marine environment from harm"


Next

397: Detention, etc, of ships and seizure of marine protection products, or

"Stopping ships that harm the environment: the Director can stop or seize ships and products that break the rules."

Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
General powers of Director in relation to protection of marine environment

396AInspections and audits in relation to Annex VI

  1. The Director may, in writing, require any person described in subsection (2) to undergo, or carry out, such inspections or audits, or both, as the Director considers necessary in the interests of—

  2. protecting the environment, including the marine environment, from harm from discharges from ships that are subject to the provisions of Annex VI; or
    1. verifying whether a ship has discharged any substance that is subject to the provisions of Annex VI in contravention of the regulations and rules made under this Act; or
      1. facilitating and reviewing trials of ship emission reduction and control technologies; or
        1. monitoring compliance with conditions of exemptions.
          1. This section applies to a person who—

          2. holds any marine protection document; or
            1. is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
              1. operates, maintains, or services, or does any other act in respect of, any ship, marine protection product, or reception facility.
                1. The Director may, in respect of any person described in subsection (2), carry out such inspections or audits, or both, as the Director considers necessary in the interests of 1 or more of the matters specified in subsection (1)(a) to (d).

                2. For the purposes of any inspection or audit carried out in respect of any person under subsection (3), the Director may, in writing,—

                3. require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
                  1. in respect of a ship, require the person to—
                    1. allow the Director to take a sample of the ship’s fuel oil for the purposes of testing the sample in accordance with any requirements specified in the marine protection rules:
                      1. demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
                        1. demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a marine protection product is capable of being carried out in a competent manner.
                        Notes
                        • Section 396A: inserted, on , by section 14 of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).