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Natural Environment Bill

Foundations - Duties and restrictions - Restrictions

23: Discharge of harmful substances from ships or offshore installations

You could also call this:

"Rules to stop ships and offshore installations from polluting our environment"

Illustration for Natural Environment Bill

You must not discharge harmful substances from ships or offshore installations into water, land, or air in the coastal marine area unless it is permitted. The discharge must not harm aquatic life or cause problems like oil films or bad smells. You must also follow any regulations or rules that control these discharges. You must not discharge water from ships or offshore installations into the coastal marine area unless it is permitted or will not harm aquatic life. Regulations can control these discharges and rules in plans may not apply if regulations are in place. If you want to discharge harmful substances, you must follow the regulations and rules that apply to that discharge. Regulations or rules in plans can prohibit discharges that would otherwise be allowed. The Biosecurity Act 1993 can also prohibit or control discharges to exclude pests or unwanted organisms.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549972.

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Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyTransport and travel > Boating
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22: Restrictions on dumping and incineration of waste or other matter in coastal marine area, or

"Rules to stop pollution in our coastal waters"

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24: Prohibitions relating to radioactive waste or other radioactive matter and other waste in coastal marine area, or

"No dumping of radioactive or toxic waste in coastal areas"

Part 2Foundations
Duties and restrictions: Restrictions

23Discharge of harmful substances from ships or offshore installations

  1. A person must not, in the coastal marine area, discharge a harmful substance or contaminant from a ship or offshore installation into water, onto or into land, or into air unless—

  2. the discharge is permitted or controlled by regulations, a rule in a plan, a rule in a proposed plan that has legal effect, or a permit; or
    1. after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:
      1. the production of any conspicuous oil or grease films, scums, or foams, or floatable or suspended materials:
        1. any conspicuous change of colour or visual clarity:
          1. any emission of objectionable odour:
            1. any significant adverse effects on aquatic life; or
            2. the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on natural resources or people.

              1. A person must not, in the coastal marine area, discharge water into water from any ship or offshore installation unless—

              2. the discharge is permitted or controlled by regulations, a rule in a plan, a rule in a proposed plan that has legal effect, or a permit; or
                1. after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.

                  1. If regulations permit or control a discharge to which subsection (1) or (2) applies, no rule can be included in a natural environment plan or proposed natural environment plan, and no may be permit granted relating to that discharge, unless the regulations provide otherwise.

                  2. A person must not discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or (2)(b) if regulations, a rule in a plan, a rule in a proposed plan that has legal effect, or a permit applies to that discharge.

                  3. Regulations under section 307 or a rule in a plan may prohibit a discharge that would otherwise be authorised in accordance with subsection (1)(b) or (c) or (2)(b).

                  4. A discharge authorised under subsection (1) or (2), or by regulations, a rule in a plan, a rule in a proposed plan that has legal effect, or a permit may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.