Marine Pollution Act 1974

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Marine Pollution Act 1974

NEW ZEALAND

MARINE POLLUTION ACT 1974 (NZ)

ANALYSIS

Title
l. Short Title and commencement
2. Interpretation

PART I
PREVENTION OF POLLUTION

3. Discharge of oil or pollutants into New Zealand waters
4. Discharge of oil or pollutant into waters outside New Zealand waters
5. Discharge of oil or pollutant as the result of exploration or exploitation of the seabed
6. Special defences
7. Equipment in ships to prevent pollution
8. Equipment in ships to deal with pollution
9. Equipment for pipelines and offshore installations
10. Penalties
11. Records
12. Facilities in harbours for disposal of residues
13. Provision of substances and equipment in harbours
14. Restrictions on transfer of oil or pollutants
15. Master of overseas ship carrying oil to notify Harbourmaster
16. Duty to report discharges of oil or pollutants
17. Powers of inspection
18. Shipping traffic controls
19. Enforcement of Convention relating to oil pollution

PART II

DUMPING OF WASTES INTO THE SEA

20. Application of this Part
21. Offence to dump waste or other matter
22. Special permits
23. Special defences
24. Criteria to govern dumping of waste and other matter into the sea

PART III
MARINE CASUALTIES

25. Powers of Minister in relation to ships
26. Powers of Minister in relation to offshore installations and pipelines
27. Right to compensation
28. Offences
29. Protection of Minister and other persons

PART IV
CIVIL LIABILITIES

30. Liability for cost of removal of oil or pollutant or waste or other matter
31. Liability for pollution damage
32. Liability of certain shipowners
33. Special defences
34. Restriction on shipowner's liability
35. Limitation in actions against shipowners
36. Restrictions on enforcement of claims against shipowners
37. Compulsory insurance for ships
38. Certificates
39. Rights of third parties against insurers of shipowner
40. Rights against third parties
41. Time for bringing proceedings
42. Ships owned by a State
43. Extension of admiralty jurisdiction
44. Reciprocal enforcement of judgments
45. Special provisions for offshore installation, etc.
46. Extension of this Part to pollutants

PART V
ADDITIONAL COMPENSATION AND INDEMNIFICATION

47. Interpretation
48. Capacities of Oil Fund
49. Additional compensation
50. Consolidation
51. Indemnification by the Oil Fund
52. Fund as insurer
53. Time for bringing proceedings
54. Jurisdiction of Court
55. Reciprocal enforcement of judgments
56. Rights of subrogation
57. Legal proceedings
58. Levies on oil imports

PART VI
MISCELLANEOUS PROVISIONS

59. Determination of amounts
60. Proceedings for offences
61. Service of instructions
62. Detention of ships in cases of damage to property by discharge of oil or pollutant
63. Application of fines
64. General provisions as to application of Act
65. State-owned ships
66. Power of Minister to grant exemptions
67. Designation of parties to Conventions
68. Regulations
69. Other Acts not affected
70. Repeal and amendment

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1974, No. 14

An Act to make better provision for preventing and dealing with pollution of the sea, and to enable effect to be given to certain International Conventions relating thereto.

[6 April 1974

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. Short Title and commencement- (1) This Act may be cited as the Marine Pollution Act 1974.

(2) This Act shall come into force on a date to be fixed by the Governor-General by Order in Council. Different dates may be so fixed in respect of different provisions of this Act.

2. Interpretation- (1) In this Act, unless the context otherwise requires,-

"Aircraft" has the same meaning as in section 2 of the Civil Aviation Act 1964; and includes a hovercraft as defined in section 2 of the Hovercraft Act 1971;

"Barge" includes a lighter or any similar vessel;

"Continental shelf" has the same meaning as in the Continental Shelf Act 1964;

"Dumping"-

(a) In relation to waste or other matter, means the deliberate disposal into the sea of the waste or other matter; and

(b) In relation to a ship, an aircraft, an offshore installation, a fixed or floating platform, or any other artificial structure which is situated in the sea or on the sea-bed, means a deliberate disposal into the sea or abandonment at sea of the same;-

but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of ships, aircraft, offshore installations, platforms, or other man-made structures at sea or their equipment, or the disposal of waste or other matter in the construction of any harbour works as defined in section 2 of the Harbours Act 1950; and "to dump" and "dumped" have corresponding meanings:

"Franc" has the meaning assigned to that term by section 59 of this Act;

"Harbour" or "port" has the same meaning as in the Harbours Act 1950;

"Harbour Board" has the same meaning as in the Harbours Act 1950;

"Harbourmaster" includes any person specially appointed by a Harbour Board for the purpose of enforcing the provisions of this Act in relation to the harbour; and, in relation to a harbour which has no Harbourmaster, references to the Harbourmaster shall be read as references to the Harbour Board;

"Heavy diesel oil" means marine diesel oil, other than those distillates of which more than 50 percent by volume distils at a temperature not exceeding 340°c when tested in the manner for the time being prescribed by regulations made under this Act, or, while no such regulations are in force, when tested by ASTM (American Society for Testing and Materials) Standard Method D.86/59;

"Home-trade ship" has the same meaning as in the Shipping and Seamen Act 1952;

"Incident", in relation to pollution damage, means any occurrence, or any series of occurrences having the same origin, which causes the damage;

"Internal waters of New Zealand" means-

(a) Harbours, estuaries, and other areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand; and

(b) Rivers and other inland waters of New Zealand that are navigable by ships;

"Marine life" means any species of the plant or animal kingdoms which at any time of the life of the species inhabits the sea or foreshore; and includes any specimen of the species whether alive or dead, and any part of any specimen, and the seed, spores, eggs, spawn, young, fry, and offspring of the species;

"Master" includes any person (not being a pilot) having command of or being in charge of any ship;

"Mile" means the international nautical mile of 1,852 metres;

"Minister" means the Minister of Transport;

"Natural resources" has the same meaning as in the Continental Shelf Act 1964;

"New Zealand aircraft" means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1964; but does not include any aircraft for the time being used as an aircraft of the New Zealand armed forces;

"New Zealand Government ship" has the same meaning as in the Shipping acid Seamen Act 1952;

"New Zealand ship" has the same meaning as in the Shipping and Seamen Act 1952; and includes barges, lighters, and like vessels, to which section 245a, of that Act (as inserted by section 17 of the Shipping and Seamen Amendment Act 1963) applies;

"New Zealand waters" means the internal waters of New Zealand and the territorial sea of New Zealand;

"Offshore installation" includes-

(a) Any installation or device or anything (whether permanent or temporary) constructed, erected, placed, or used in or on or above the bed and subsoil of any New Zealand waters; and

(b) Any such installation or device (whether permanent or temporary) constructed, erected, placed, or used in or on or above the seabed and subsoil of the continental shelf in connection with the exploration of the seabed and subsoil and the exploitation of the natural resources thereof; and

(c) Anything afloat (other than a ship) if it is anchored or attached to the bed or shore of any New Zealand waters, or if it is anchored or attached to the bed of the waters over the continental shelf in connection with the exploration and exploitation of the natural resources thereof; and

(d) Any structure connecting an offshore installation with any other offshore installation; but does not include a pipeline;

"Oil" means oil of any description in any form; and, without limiting the generality of the foregoing provisions of this definition, includes spirits and other distillates produced from oil of any description; and also includes coal tar, bitumen, bitumen emulsions, fuel oil, sludge, oil refuse, and oil mixed with wastes; and references to oil shall be construed as a reference to mixtures of oil with water or with any other substance;

Provided that, in relation to any ship to which section 32 of this Act applies, the term "oil" has the meaning defined in subsection (9) of that section;

"Oil residues" means any waste material consisting of, or arising from, oil or a mixture containing oil;

"Outside New Zealand waters" means outside the seaward limits of the territorial sea of New Zealand;

"Owner"-

(a) In relation to any ship (other than a ship to which section 32 of this Act applies), includes-

(i) Any person interested in or in possession of the ship; and in Parts I, II, and III and section 30 of this Act, includes any salvor in possession of the ship, and any servant or agent of any salvor in possession of the ship; and

(ii) Any charterer, manager, or operator of the ship, or any other person for the time being responsible for the navigation or management of the ship; and

(iii) Any agent in New Zealand of the owner, charterer, manager, or operator, as the case may be; and

(iv) Any agent for the ship;

(b) In relation to any ship to which section 32 of this Act applies, has the meaning defined in subsection (9) of that section;

(c) In relation to an offshore installation, includes-

(i) The person having any right or privilege or licence to explore the seabed and subsoil and to exploit the natural resources thereof in connection with which the offshore installation is or has been or is to be used; and

(ii) The agent or servant of the owner or the manager or licensee for the time being of the installation, or the person in charge of any operations connected therewith;

"Pipeline" means a pipeline used for the conveyance of gas (including natural gas), oil, water, or any other mineral, liquid, or substance, or any mixture of the same; and includes all fittings, pumps, tanks, appurtenances, and appliances connected to a pipeline;

"Place on land" means any place on dry land or any place connected with dry land; and the term "occupier", in relation to a place on land which has no other occupier, means the owner thereof, and, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or vehicle and not the occupier of the land on which the wagon or vehicle stands;

"Pollutant" means any substance, or any substance that is part of a class of substances, declared by the Governor-General pursuant to subsection (2) of this section to be a pollutant for the purposes of this Act; and includes any water contaminated by any such substance; and a reference to any pollutant shall be construed as a reference to mixtures of a pollutant with water or with any other substance;

"Pollution damage" means damage. of any kind whatsoever occurring in New Zealand or in New Zealand waters which is attributable to the discharge or escape of oil, or (except in the case of any provision relating only to damage attributable to oil) any pollutant, into the sea, whether New Zealand waters or not; and includes the costs of reasonable preventive measures taken in New Zealand or in New Zealand waters or outside those waters to prevent or reduce pollution damage and any further loss or damage occurring as a result of such measures; and in Part V of this Act also includes expenses reasonably incurred and sacrifices reasonably made by the owner of a ship voluntarily to prevent or reduce pollution damage; and for the purposes of this definition the term "damage" includes loss;

"Reception facilities", in relation to any harbour, means facilities for enabling ships using the harbour to discharge or deposit oil residues or residues from any pollutant;

"Sea" means all areas of the sea (whether New Zealand waters or not); and includes any estuary or arm of the sea;

"Ship" means every description of vessel (including any boat, barge, craft, or other contrivance) used in or on or under the sea, without regard to the method of or the lack of propulsion;

"Shipping casualty" means a collision of ships, the loss, stranding or abandonment of any ship, or any other incident occurring outside any ship or on board any ship or to any ship resulting in material damage or the risk of material damage to any ship or cargo or both;

"Special permit" means a permit to dump waste or other matter issued pursuant to section 22 of this Act "Territorial sea of New Zealand" has the same meaning as in the Territorial Sea and Fishing Zone Act 1965;

"Tonnage", in relation to any ship, means the tonnage of the ship determined in accordance with paragraph (b) of subsection (1) of section 466 of the Shipping and Seamen Act 1952:

Provided that where the tonnage of a ship carrying oil cannot be ascertained in accordance with that paragraph, the tonnage of the ship shall be deemed to be 40 percent of the weight (expressed in tons of 2,240 pounds) of oil which the ship is capable of carrying;

"Transfer", in relation to oil or any pollutant, means transfer in bulk;

"Waste or other matter" means material and substances of any kind, form, or description; and, without limiting the generality of the foregoing provisions of this definition, includes oil and any substance (whether or not it has been declared to be a pollutant pursuant to subsection (2) of this section).

(2) The Governor-General may from time to time, by Order in Council, declare to be a pollutant for the purposes of this Act or of any provision of this Act any substance, or any class of substances, other than oil, which, in the opinion of the Governor-General, when added to any waters has the effect of contaminating those waters so as to make the waters unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of any person, or as to be poisonous or harmful to marine life of any description in any waters.

(3) Any reference in this Act to the discharge or escape of oil or any pollutant, or to any oil or pollutant being discharged, from any ship or offshore installation or place or thing or pipeline or apparatus, or as the result of any of the operations mentioned in section 5 of this Act (except where the reference is to its being discharged for a specified purpose) includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, or emptying of that oil or pollutant, as the case may be, howsoever it is caused and howsoever it occurs; but does not include dumping.

(4) For the purposes of any provision of this Act relating to the discharge or escape of oil or a mixture containing oil from a ship, any floating craft (other than a ship) which is attached to a ship shall be treated as part of the ship.

(5) Any power conferred by this Act to test any equipment on board a ship or on any offshore installation shall be construed as including a power to require persons on board the ship or on the installation to carry out such work as may be requisite for the purposes of testing the equipment; and any provision of this Act as to submitting equipment for testing, shall be construed accordingly.

Cf. 1965, No. 65, s. 2; Merchant Shipping (Oil Pollution) Act 1971 (U.K.), s. 20 (1) Prevention of Oil Pollution Act 1971 (U.K.), s.'29; Canada Shipping Act (Can.), s. 736 (R.S.C., 1971, Ch. 27)

PART I
PREVENTION OF POLLUTION

3. Discharge of oil or pollutants into New Zealand waters-(1) If any oil or pollutant is discharged or escapes into New Zealand waters from any ship, or from any place on land, or from any apparatus used for transferring oil or a pollutant from or to any ship (whether to or from a place on land or to or from another ship), or from an offshore installation, or as the result of any operations for the exploration of the seabed or subsoil or the exploitation of the natural resources thereof, or from a pipeline, then, subject to the provisions of this Act,-

(a) If the discharge or escape is from a ship, the owner or master of the ship; or

(b) If the discharge or escape is from a place on land, the occupier of that place; or

(c) If the discharge or escape occurs during the course of transferring oil or a pollutant to or from a ship, the-owner or master of the ship, or, where the discharge or escape is from any apparatus used for transferring oil or a pollutant, the person in charge of the -apparatus; or

(d) If the discharge or escape is from an offshore-installation or as the result of any operations for the exploration of the seabed and subsoil or the exploitation of the natural resources thereof, the owner or the person carrying on the operations or the person in charge of the operations; or

(e) If the discharge or escape is from a pipeline, the owner of the pipeline- commits an offence under this section.

(2) Without limiting the liability for an offence under this section of any person mentioned in subsection (1) of this section, where that person is not the person whose act or omission caused the discharge or escape, then, whether or not that first-mentioned person establishes any of the defences mentioned in subsection (3) or subsection (5) of section 6 of this Act, the person whose act or omission caused the escape also commits an offence under this section.

(3) Regulations made under section 68 of this Act may make exceptions from the operation of subsection (1) of this section, either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of oil or pollutants or to the discharge or escape of oil or pollutants in particular circumstances, or in relation to any area of the sea specified by the regulations.

Cf. 1965, No. 65, s. 6; Prevention of Oil Pollution Act 1971 (U.K.), s. 2

4. Discharge of oil or pollutant into waters outside New Zealand waters- (1) If any oil or pollutant to which this section applies is discharged or escapes from a New Zealand ship or a home-trade ship into any part of the sea outside New Zealand waters, then, subject to the provisions of this Act, the owner or master of the ship commits an offence under this section.

(2) This section applies to-

(a) Crude oil, fuel oil, lubricating oil, and heavy diesel oil;

(b) Any other description of oil to which this section is for the time being declared to apply by regulations made under this Act, having regard to the provisions of any International Convention, or to the persistent character of oil of that description or to the likelihood that it would cause pollution or that it would be harmful to marine life;

(c) Any pollutant to which this section is for the time being declared to apply by regulations made under this Act, having regard to the provisions of any International Convention, or to the character and nature of the pollutant or to the likelihood that it would cause pollution or that it would be harmful to marine life.

(3) Regulations made under section 68 of this Act may make exceptions from the operation of subsection (1) of this section, either absolutely or subject to any prescribed conditions, and either generally or in relation to particular classes of ship or to any specified ship, or in relation to particular descriptions of oil or pollutants or to the discharge or escape of oil or pollutants in particular circumstances, or in relation to any area of the sea specified in the regulations.

Cf. 1965, No. 65, ss. 3-5; Prevention of Oil Pollution Act 1971 (U.K.), s. 1

5. Discharge of oil or pollutant as the result of exploration or exploitation of the seabed- (1) If any .oil or pollutant is discharged or escapes into any part of the sea-

(a) From a pipeline within New Zealand waters or on the continental shelf; or

(b) Otherwise than from a ship, as a result of any operations for the exploration of the seabed or subsoil of the continental shelf or the exploitation of the natural resources thereof, or from an offshore installation,-

the owner of the pipeline, or, as the case may be, the person carrying on the operations, or the owner of the offshore installation, commits an offence under this section.

(2) Without limiting the liability for an offence under this section of any person mentioned in subsection (1) of this section, where that person is not the person whose act or omission caused the discharge or escape, then, whether or not that first-mentioned person establishes any of the defences mentioned in subsection (3) or subsection (5) of section 6 of this Act, the person whose act or omission caused the escape also commits an offence under this section.

Cf. 1965, No. 65, s. 10; Prevention of Oil Pollution Act 1971 (U.K.), s. 3

6. Special defences-(1) Where a person is charged with an offence under section 3 or section 5 of this Act, or is charged with an offence under section 4, of this Act as the owner or master of a ship, it shall be a defence to prove that the oil or pollutant, as the case may be, in respect of which the offence is alleged to have been committed was discharged for the purpose of securing the safety of any ship or offshore installation, or of preventing damage to any ship or cargo, or of saving life:

Provided that a defence under this subsection shall not have effect if the Court is satisfied that the discharge of the air or pollutant, as the case may be, was not necessary for the purpose alleged in the defence or was not a reasonable step to take in the circumstances.

(2) Where a person is charged as mentioned in subsection (1) of this section, it shall also be a defence to prove that the oil or pollutant escaped in consequence of major structural damage to-

(a) The ship; or

(b) Any offshore installation, or any apparatus other than a ship used in or for any operations for the exploration of the seabed or subsoil or the exploitation of the natural resources thereof,-

which occurred without the negligence or deliberate act of that person:

Provided that it shall not be a defence under this subsection, unless as soon as possible in the circumstances after the damage occurred all reasonable steps were taken to prevent or, if it could not be prevented, to stop or reduce the escape of the oil or pollutant.

(3) It shall be a defence for a person charged with an offence mentioned in subsection (1) of this section to the case of a discharge or escape from a place on land of which he is the occupier, to prove that the discharge or escape was caused by the act or omission of a person who was in that place without the permission (express or implied) of the occupier:

Provided that a defence under this subsection shall not have effect if the Court is satisfied that the person charged

(a) Had not taken all reasonable steps to prevent the person who actually caused the discharge or escape from obtaining access to the place; and

(b) Had not complied with the requirements of any other Act applying to that place.

(4) Where a person is charged with an offence under section 3 of this Act as the occupier of a place on land, or as the person in charge of any apparatus, from which oil or a pollutant has been discharged or has escaped, it shall be a defence to prove that the discharge or escape was not due to the want of reasonable care, and that immediately the discharge or escape was discovered all reasonable steps were taken to stop or reduce it.

(5) Where any oil or pollutant is discharged or escapes in consequence of the exercise by any Minister of the Crown or any Harbour Board or any Receiver of Wreck of any power conferred on him or it by or under section 208 of the Harbours Act 1950 or section 353 of the Shipping and Seamen Act 1952, and apart from this subsection the Minister or Board or Receiver exercising the power or a person employed by or acting on his or its behalf would commit an offence under section 3 or section 4 of this Act in respect of that discharge or escape, the Minister or Board or Receiver or person shall not be convicted of that offence if it is shown that he or it took all practicable steps to prevent, stop, or reduce the discharge.

Cf. 1965, No. 65, s. 7; Prevention of Oil Pollution Act 1971 (U.K.), ss. 5-7

7. Equipment in ships to prevent pollution- (1) For the purpose of preventing or reducing discharges or escapes of oil or pollutants into the sea, regulations may be made under section 68 of this Act requiring New Zealand ships, home-trade ships, and any other ships while they are within New Zealand waters to be fitted with such equipment, and to comply with such requirements, as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, where any regulations made pursuant to that subsection require ships to be fitted with equipment of a prescribed description, the regulations may provide that equipment of that description-

(a) Shall not be installed in a ship to which the regulations apply, unless the equipment is of a type tested and approved by a person appointed by the Minister; or

(b) While installed in such a ship, shall not be regarded as satisfying the requirements of the regulations unless, at such times as may be specified in the regulations, the equipment is submitted for testing and is approved by a person so appointed.

(3) The Minister may appoint persons to carry out tests for the purposes of any regulations made pursuant to this section, and, in respect of the carrying out of any such tests, may charge such fees as may be prescribed by the regulations.

(4) Every Surveyor of Ships appointed under section 13 of the Shipping and Seamen Act 1952 shall be deemed to be a person appointed by the Minister to carry out tests for the purposes of any regulations made pursuant to this section, so far as they relate to tests required in accordance with paragraph (b) of subsection (2) of this section.

(5) If in the case of any ship the provisions of any regulations made pursuant to this section which apply to that ship are contravened, the owner or master of the ship commits an offence under this section.

Cf. 1965, No. 65, s. 8

8. Equipment in ships to deal with pollution- (1) For the purpose of cleaning up or removing or dispersing any oil or pollutant in or on the sea, regulations may be made under section 68 of this Act requiring New Zealand ships, home-trade ships, and any other ships while they are within New Zealand waters, to carry such equipment, and to comply with such requirements, as may be prescribed.

(2) Without prejudice to the generality of subsection (1) of this section, where any regulations made pursuant to that subsection require ships to carry equipment of a prescribed description, the regulations may provide that equipment of that description-

(a) Shall not be installed in a ship to which the regulations apply, unless the equipment is of a type tested and approved by a. person appointed by the Minister; and

(b) While carried on board such a ship, shall not be regarded as satisfying the requirements of the regulations unless, at such times as may be specified in the regulations, the equipment is submitted for testing and is approved by a person so appointed.

(3) The Minister may appoint persons to carry out tests for the purposes of any regulations made pursuant to this section, and, in respect of the carrying out of any such tests, may charge such fees as may be prescribed by the regulations.

(4) Every Surveyor of Ships appointed under section 13 of the Shipping and Seamen Act 1952 shall be deemed to be a person appointed by the Minister to carry out tests for the purposes of any regulations made pursuant to this section, so far as they relate to tests required in accordance with paragraph (b) of subsection (2) of this section.

(5) If in the case of any ship the provisions of any regulations made pursuant to this section which apply to that ship are contravened, the owner or master of the ship commits an offence under this section.

Cf. 1965, No. 65, s. 8

9. Equipment for pipelines and offshore installations- (1) Regulations may be made under section 68 of this Act requiring the owner of a pipeline in New Zealand waters or on the continental shelf or the owner or occupier of a place on land, or the owner of an offshore installation, or the person carrying on operations within New Zealand waters or on the continental shelf or in waters above the continental shelf for the exploration of the seabed and subsoil and the exploitation of the natural resources thereof, to install or carry on board or to have readily available such equipment, and to comply with such requirements, as may be prescribed,-

(a) For the purpose of reducing or preventing the discharge or escape of oil or any pollutant into the sea or on to the seabed; and

(b) For the purpose of cleaning up, or removing, or dispersing any oil or pollutant that is discharged or escapes into the sea or on to the seabed.

(2) Without prejudice to the generality of subsection (1) of this section, where any regulations made pursuant to that subsection require equipment of a prescribed description to be installed, carried on board, of readily available, the regulations may provide that equipment of that description-

(a) Shall not be used, unless it is of a type tested and approved by a person appointed by the Minister; and

(b) While installed, carried on board, or available, shall not be regarded as satisfying the requirements of the regulations unless, at such times as may be specified in the regulations, the equipment is submitted for testing and is approved by a person so appointed.

(a) Is liable on summary conviction to a fine not exceeding $50,000; and

(b) Is also liable to pay such amount as the Court may assess in respect of the expenses and costs that have been incurred or will be incurred in removing or cleaning up or dispersing any oil or pollutant to which the offence relates from any New Zealand waters or from any foreshore or harbour works in New Zealand.

Cf. 1965, No. 65, s. 11

11. Records- (1) Regulations may be made under section 68 of this Act requiring the master of a New Zealand ship or home-trade ship to carry a record book, whether as part of the ship's official log book or as a separate record book, and to keep in that book records of-

(a) Any occasion on which oil is found to be escaping or to have escaped or is discharged from the ship; and

(b) Any occasion on which oil is discharged from the ship for the purpose of securing the safety of any ship or of preventing damage to any ship or cargo or of saving life; and

(c) Any occasion on which oil is found to be escaping or to have escaped, or is discharged, from the ship in consequence of damage to the ship, or by reason of leakage; and

(d) The carrying out, on board or in connection with the ship, of such operations as may be prescribed, being operations relating to-

(i) The ballasting and cleaning of oil tanks (whether cargo or bunker-fuel tanks) and the discharge of ballast or cleaning water or any other substance from any such tanks; or

(ii) The separation of oil from water, or from other substances, in any mixture containing oil; or

(iii) The loading of oil cargo; or

(iv) The transfer of oil cargo during a voyage to or from a ship, or between tanks within a ship; or

(v) The discharge of oil cargo; or

(vi) The discharge or other disposal of any oil, or water, or any other substance, arising from operations relating to any of the matters specified in subparagraphs (i) to (v) of this paragraph; or

(vii) The discharge or disposal of any other oil residues or sediments or of any other mixture containing oil.

(2) Regulations may be made under section 68 of this Act requiring the keeping of records of all or any of the matters specified in subsection (1) of this section while a ship is within New Zealand waters or requiring the keeping of records relating to the transfer of oil to and from ships while within New Zealand waters. In the case of ships in respect of which requirements are imposed pursuant to subsection (1) of this section any requirements imposed pursuant to this section shall be in addition to those imposed pursuant to the said subsection (1).

(3) Regulations made under section 68 of this Act may require the person in charge (other than the master) of a barge, dracone, or other like craft or the owner of or person in charge of any offshore installation or of any apparatus being used for operations relating to the exploration of the seabed and subsoil of New Zealand waters or the continental shelf and the exploitation of the natural resources thereof to comply with such of the matters specified in subsection (1) of this section, as far as applicable and with the necessary modifications, as are specified in the regulations.

(4) Regulations made under section 68 of this Act may require the master of a New Zealand ship or home-trade ship, or the person in charge of a barge, dracone, or other like craft, or the owner or person in charge of an offshore installation or any apparatus, or the master of any ship while that ship is in New Zealand waters, to carry thereon a record book, whether as part of an official log book or as a separate record book, and to keep in that book records relating to the discharge or escape of pollutants, the loading or unloading of pollutants, the transfer of pollutants, and any other operations in respect of pollutants that may be prescribed.

(5 ) The provisions of subsection (1) of this section, as far as they are applicable and with the necessary modifications, shall apply with respect to the making of regulations pursuant to subsection (4) of this section.

(6) Where by virtue of regulations made pursuant to this section records are required to be kept, the regulations may-

(a) Prescribe the manner and form of the records to be kept; and

(b) The nature of the entries to be made; and

(c) The period of time for which the records must be kept by the person keeping them; and

(d) The transfer of custody of the records at the end of that period of time; and

(e) The ultimate disposal of the records.

(7) Every person commits an offence who fails to comply with any requirement imposed by or under this section, and is liable on summary conviction to a fine not exceeding $3,000.

(8) Every person commits an offence who makes an entry in any records kept pursuant to regulations made pursuant to this section which is to his knowledge false or misleading in any material particular, and is liable on summary conviction to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $3,000, or to both.

(9) In any proceedings under this Part of this Act-

(a) Any records kept pursuant to regulations made pursuant to this section shall be admissible as evidence of the facts stated in those records:

(b) Any copy of an entry in any such records, which is certified by the person by whom the records are required to be kept to be a true copy of the entry, shall be admissible as evidence of the facts stated in the entry:

(c) Any document purporting to be records to which paragraph (a) of this subsection applies, or purporting to be such a certified copy as is mentioned in paragraph (b) of this subsection, shall, unless the. contrary is proved, be presumed to be such record, or such a certified copy, as the case may be.

Cf. 1965, No. 65, s. 12; Prevention of Pollution Act 1971 (U.K.), s. 17

12. Facilities in harbours for disposal of residues- (1) Without restricting anything in the Harbours Act 1950, the powers of the Harbour Board in respect of every harbour under its control shall include power to provide facilities for enabling ships using the harbour to discharge or deposit oil residues or pollutant residues.

(2) Any power of a Harbour Board to provide oil reception facilities or pollutant reception facilities shall include power to join with any other person in providing them, and references in this section to the provision of oil or pollutant reception facilities by a Harbour Board shall be construed accordingly; and any such power shall also include power to arrange for the provision of such facilities by any other person.

(3) A Harbour Board providing oil or pollutant reception facilities, or a person providing such facilities by arrangement with a Harbour Board, may make reasonable charges for the use of the facilities, and may impose reasonable conditions in respect of the use thereof.

(4) Subject to the following provisions of this section, any oil or pollutant reception facilities provided by, or by arrangement with, a Harbour Board shall be open to all ships using the harbour, on payment of any charges, and subject to compliance with any conditions, imposed in accordance with subsection (3) of this section.

(5) Where in the case of any harbour it appears to the Minister, after consultation with the Harbour Board and with any organisation appearing to him to be representative of shipowners, whether of New Zealand ships or not,-

(a) If the harbour has oil or pollutant reception facilities, that those facilities are inadequate; or

(b) If the harbour has no such facilities, that the harbour has need of such facilities,-

the Minister may direct the Harbour Board to provide, or arrange for the provision of, such oil or pollutant reception facilities as may be specified in the directions.

(6) Nothing in this section shall be construed as requiring a Harbour Board to allow untreated ballast water (that is to say, ballast water which contains oil or pollutant and has not been subjected to an effective process for separating the oil or the pollutant from the water) to be discharged into any oil or pollutant reception facilities provided by, or by arrangement with, the Harbour Board; and the Minister shall exercise his powers under subsection (5) of this section accordingly.

(7) Any Harbour Board failing to comply with any directions given under subsection (5) of this section within the period specified in the directions, or within any extended period allowed by the Minister (whether before or after the end of the period so specified), commits an offence and is liable on summary conviction to a fine not exceeding $500 for each day during which the default continues, from the day after the end of the period specified in the directions or any extended period allowed by the Minister, as the case may be, until the last day before that on which the facilities are provided in accordance with the directions.

(8) Subsections (1), (2), (5), and (7) of this section shall have effect in relation to arrangements for disposing of oil residues and pollutant residues discharged or deposited by ships using the harbour's reception facilities, and to the making of such arrangements, as those subsections have effect in relation to oil reception facilities and pollutant facilities and the provision of those facilities.

Cf. 1965, No. 65, s. 13

13. Provision of substances and equipment in harbours-(1) Where in the case of any harbour it appears to the Minister, after consultation with the Harbour Board, that-

(a) If the Harbour Board has substances, materials, and equipment on hand for dealing with, cleaning up, removing, or dispersing any oil or pollutant which has been discharged or has escaped into the harbour from a ship, a place on land, or a pipeline, those substances or materials or that equipment are inadequate; or

(b) If the Harbour Board has no such substances, materials, or equipment, as the case may be, on hand for dealing with, cleaning up, removing, or dispersing any oil or pollutant which has been discharged or has escaped into the harbour from a ship, a place on land, or a pipeline, the harbour has need of such substances, materials, or equipment, as the case may be,-

the Minister may direct the Harbour Board to provide or arrange for the provision of such substances, materials or equipment, as the case may be, as may be specified in the directions.

(2) Any Harbour Board failing to comply with any directions given under subsection (1) of this section within the period specified in the directions, or within any extended period allowed by the Minister (whether before or after the end of the period so specified), commits an offence and is liable on summary conviction to a fine not exceeding $500 for each day during which the default continues, from the day after the end of the period specified in the directions or any extended period allowed by the Minister, as the case may be, until the last day before or on which the substances, materials, or the equipment, as the case may be, are provided in accordance with the directions.

14. Restrictions on transfer of oil or pollutants- (1) No oil or pollutant shall be transferred to or from a ship in any harbour in New Zealand, unless the requisite notice has been given in accordance with this section:

Provided that this subsection shall not apply to the transfer of oil or pollutant at the request or direction of a fire brigade.

(2) For the purposes of this section, a general notice may be given to the Harbourmaster of a harbour that transfers of oil or of a pollutant will be frequently carried out at a place, in the harbour within a period specified in the notice; and, if such a notice is given, it shall be the requisite notice for the purposes of this section as regards transfers of oil or pollutants at that place within the period specified in the notice:

Provided that the period specified in such a notice shall not extend beyond the end of a period of 6 months beginning with the date on which the notice is given.

(3) Subject to subsection (2) of this section, the requisite notice for the purposes of this section shall be a notice given to the Harbourmaster not less than 3 hours nor more than 96 hours before the transfer of oil or pollutant begins.

(4) If any oil or pollutant is transferred to or from a ship in contravention of this section, the master of the ship, and, if the oil or pollutant is transferred from or to a place on land, the occupier of that place, commits an offence and is liable on summary conviction to a fine not exceeding $3,000.

Cf. 1965, No. 65, s. 14

15. Master of overseas ship carrying oil to notify Harbour master- (1) The master of every ship arriving in New Zealand from overseas carrying oil in bulk as cargo or carrying a pollutant in bulk as cargo shall-

(a) Send by radio to the Harbourmaster at the first port of call in New Zealand, so as to be delivered to him not later than 12 hours before the arrival of the ship thereat, notice of the fact that oil or a pollutant is being carried as aforesaid and specifying the nature of the oil or pollutant carried and the quantity carried; and

(b) Before proceeding from any port in New Zealand to any other such port, send a similar notice to the Harbourmaster at the last-mentioned port by such means as will ensure its being delivered at least 12 hours before the arrival of the ship.

(2) The master of any ship proceeding to any port in New Zealand from any other port in New Zealand carrying oil in bulk or a pollutant in bulk, as cargo, whether or not the oil or pollutant or any part thereof is to be discharged at the first-mentioned port, shall send to the Harbourmaster at the first-mentioned port, by such means as will ensure its being delivered at least 12 hours before the arrival of the ship, a notice of the fact that oil or a pollutant is being carried as aforesaid and specifying the nature of the oil or pollutant carried and the quantity carried.

(3) If the master of any ship fails to comply with the requirements of this section, he commits an offence, and is liable on summary conviction to a fine not exceeding $3,000.

(4) In any proceedings for an offence against this section it shall be a good defence to prove that notice to the effect required by this section was given to the Harbourmaster by the owner of the ship, or by any other person, within the time limited by this section.

Cf. 1965, No. 65, s. 15

16. Duty to report discharges of oil or pollutants- (1) If any oil or pollutant is discharged or escapes into any part of the sea from a New Zealand ship or a home-trade ship, or from a place on land, or from a pipeline in New Zealand waters or on the continental shelf, or from an offshore installation, or as the result of operations for the exploration of the seabed and subsoil of any New Zealand waters or the continental shelf or the exploitation of the natural resources thereof, the owner or master of the ship, or the occupier of the place on land, or the owner of the pipeline, or the owner of the offshore installation, or the person carrying on the operations, as the case may be, shall immediately, by the quickest means available to him, by radio if possible, report the occurrence to the Harbourmaster in the case of a discharge or escape into a harbour and to the Minister in the case of a discharge or escape otherwise than into a harbour.

(2) If any oil or pollutant is discharged or escapes into New Zealand waters from a ship other than a New Zealand ship or home-trade ship, the owner or master of the ship shall immediately, by the quickest means available to him, report the occurrence to the Harbourmaster in the case of any discharge or escape into a harbour, and to the Minister in the case of any discharge or escape otherwise than into a harbour.

(3) The reports required to be made under subsections (1) and (2) of this section shall contain the following matters:

(a) The time and position of the discharge or escape; and

(b) The event to which the discharge or escape is directly attributable; and

(c) The weather and sea conditions at the time of the discharge or escape and at the time when the report is made; and

(d) Where oil has been discharged or has escaped, the description and quantity of the oil of each type carried and the description and quantity of each type of oil that was discharged or escaped or that may be discharged or may escape; and

(e) Where a pollutant has been discharged or has escaped, the description and quantity of each type of pollutant carried (including their correct technical names) and the description and quantity and concentration of each type of pollutant that was discharged or escaped or that may be discharged or may escape; and

(f) The state of the rest of the cargo carried (whether oil or pollutants or not); and

(g) The existence of any slick and its movement in any direction; and

(h) The measures that are being taken-

(i) To stop or reduce the discharge or escape; and

(ii) To clean up or disperse any oil or pollutant on or in the sea or to remove any oil or pollutant from the sea; and

(iii) To minimise damage or the possibility of damage resulting from the discharge or escape.

(4) If-

(a) A New Zealand ship or home-trade ship becomes stranded or is abandoned anywhere (whether in New Zealand waters or not); or

(b) A ship (other than a New Zealand ship or home-trade ship) becomes stranded or is abandoned in New Zealand waters,-

the owner shall immediately, by the quickest means available to him, by radio if possible, report the occurrence to the Minister, giving full details of the damage to the ship, the state of the cargo, a complete list of all oil and all pollutants carried (including the description and quantity of each type of oil or pollutants, as the case may be, carried), and a statement or estimate of the quantity of each type of oil or pollutant that has been discharged or escaped or that may be discharged or may escape.

(5) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, who-

(a) Fails to comply with any provision of this section; or

(b) Makes a report, containing any information which to his knowledge is false or misleading in any material particular.

Cf. 1965, No. 65, s. 16

17. Powers of inspection- (1) The Minister may appoint any person as an inspector to report to him-

(a) Whether the prohibitions, restrictions, and obligations imposed by virtue of this Part of this Act (including prohibitions so imposed by the creation of offences under this Part of this Act) have been complied with;

(b) What measures (other than measures made obligatory by regulations pursuant to section 7 or section 8 or section 9 of this Act) have been taken to prevent the discharge or escape of oil or pollutants;

(c)Whether the oil reception or pollutant reception facilities provided in habours are adequate.

(2) Any such inspector may be so appointed to report either in a particular case or in a class of cases specified in the appointment.

(3) Every Surveyor of Ships appointed under section 13 of the Shipping and Seamen Act 1952 and every inspector appointed under section 33 of the Petroleum Act 1937 shall be deemed to be a person appointed generally under subsection (1) of this section to report to the Minister on every kind of case falling within the subsection.

(4), Section 14 of the Shipping and Seamen Act 1952 (which relates to Marine Inspectors) shall apply to persons appointed under the foregoing provisions of this section (including Surveyors of Ships in -their capacity as such persons) as it applies to the Marine Inspectors referred to in that section, as if-

(a) Every reference in that section 14 to that Act were a reference to this Act and included any regulations made under this Act; and

(b) Any power under that section 14 to inspect premises included power to inspect any apparatus used for transferring oil or for transferring a pollutant.

(5) Any power of an inspector, under the said section 14 (as applied by subsection (4) of this section), to inspect a ship shall include power to test any equipment with which the ship is required to be fitted pursuant to regulations made pursuant to section 7 or section 8 or section 9 of this Act.

(6) Any power of an inspector, under the said section 14 (as so applied), to require the production of any records required to be kept in accordance with section 11 of this Act shall include power to copy any entry in those records and require the person by whom the records are to be kept to certify the copy as a true copy of the entry; and in paragraph (b) of subsection (5) of the said section 14 (as so applied), the reference to subscribing a declaration shall be construed as a reference to the certification of such a copy.

(7) Without prejudice to any powers exercisable by virtue of the foregoing provisions of this section, in the case of a ship which is for the time being in a harbour in New Zealand, the Harbourmaster, and any person appointed or deemed to be appointed by the Minister under this section (either generally or in relation to a particular ship), shall have power,-

(a) To go on board and inspect the ship or any part thereof, or any machinery, boats, equipment, or article on board the ship, for the purpose of ascertaining the circumstances relating to an alleged discharge or escape of oil or a pollutant from the ship into the waters of the harbour;

(b) To require the production of any records which by virtue of any regulations made under this Act are required to be kept in respect of the ship;

(c) To go on board the ship and take, or require the taking of, sounding of tanks, spaces and bilges, and to take, or require the taking of, any samples of oil or any pollutant from the ship for chemical analysis:

Provided that a person exercising any powers conferred by this subsection shall not unnecessarily detain or delay the ship from proceeding on any voyage.

(8) Every person commits an offence, and is liable on summary conviction to a fine of exceeding $500, who-

(a) Fails to comply with any requirement duly made pursuant to paragraph (b) or paragraph (c) or paragraph (d) or subsection 7 of this section; or

(b) Wilfully obstructs a person acting in the exercise of any power conferred by this section.

Cf. 1965, No. 65, s.17

18. Shipping traffic controls-(1) For the purpose of ensuring the safety of navigation in New Zealand waters and in adjacent waters, regulations may be made under section 68 of this Act establishing any or all of the following:

(a) Shipping traffic lanes;

(b) Shipping traffic controls;

(c) Shipping traffic control zones;

(d) Shipping. traffic control centres.

(2) Regulations made pursuant to subsection (1) of this section may require ships to comply with such requirements as may be prescribed, and may prescribe the functions of any shipping control centre.

(3) Without limiting the generality of subsection (2) of this section, regulations made pursuant to subsection (1) of this section may provide that any ship navigating in any shipping traffic lane or shipping traffic control zone, or which is subject to any other shipping traffic control established pursuant to the regulations shall-

(a) Carry an authorised pilot; or

(b) Maintain a radio listening watch on any frequency prescribed and for such period or periods of time as may be prescribed; or

(c) Report to any shipping traffic control centre at such times and on the happening of such events as may be prescribed; or

(d) Obtain a clearance to enter or to leave any shipping traffic lane or shipping traffic control zone; or

(e) While in a shipping traffic lane or a shipping traffic control zone, comply with any directions given by a shipping traffic control centre or by a Harbourmaster or by a pilot or by the Minister by any person authorised by him.

(4) Regulations made pursuant to subsection (1) of this section may make exceptions from the operation of the regulations, either absolutely or subject to any prescribed conditions, and either generally or with respect to particular classes of ships or to particular ships.

(5)Where a ship fails to comply with the provisions of any regulations made pursuant to this section, the owner or the master commits an offence, and is liable on summary conviction or fine not exceeding $20,000.

19. Enforcement of Convention relating to oil pollution -(1) Regulations made under section 68 of this Act may empower such persons as may be designated by or under the regulations to go on board any ship to which the International Convention for the Prevention of Pollution of the Sea by Oil 1954 as amended in 1962 applies while the ship is within New Zealand waters, and to require production of any records required to be kept in accordance with that Convention.

(2) Any such regulations may, for the purposes thereof and with any necessary modifications, apply any of the provisions of this Part of this Act relating to the production and inspection of records and the taking of copies of entries therein, and to the admissibility in evidence of such records, including any provisions of the Shipping and Seamen Act 1952 applied by those provisions and also including any penal provisions of this Part of this Act, so far as they relate to those matters.

(3) For the purposes of this section, the Governor-General, if he is satisfied that any country has accepted or denounced the International Convention for the Prevention of Pollution of the Sea by Oil 1954 as amended in 1962, or that the said Convention extends or has ceased to extend to any territory, may, by Order in Council, include in any such regulations a declaration to that effect.

(4) In this section-

"International Convention for the Prevention of Pollution of the Sea by Oil 1954 as amended in 1962" includes any other amendments to that Convention; and also includes any Convention subsequent to that Convention, whether or not it is designed to replace that Convention, relating either in whole or in part to the prevention of pollution of the sea by oil or pollutants;

"Ship to which the International Convention for the Prevention of Pollution of the Sea by Oil 1954 as amended in 1962 applies" means a ship registered in or having the nationality of-

(a) A country the government of which has been declared as aforesaid to have accepted that Convention, and has not been so declared to have denounced it; or

(b) A territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend.

Cf. 1965, No. 65, s. .25

PART II
DUMPING OF WASTES INTO THE SEA

20. Application of this Part- This Part of this Act shall apply to-

(a) All ships and aircrafts which in New Zealand or New Zealand waters take on board waste or other matter for the purpose of dumping the same at sea;

(b) All ships and aircrafts which dump waste or other matter in New Zealand waters;

(c) All ships (being New Zealand ships or home-trade ships) which dump waste or other matter into the sea;

(d) All New Zealand aircraft which dump waste or other matter into the sea;

(e) Every offshore installation or fixed or floating platform or other artificial structure which is situated in the sea or on the seabed and is under New Zealand jurisdiction;

(f) All ships and aircraft dumped into New Zealand waters, and all New Zealand ships and New Zealand aircraft dumped into the sea.

21. Offence to dump waste or other matter- (1) If-

(a) Any waste or other matter is dumped into New Zealand waters, without a special permit, form any ship or aircraft which this Part applies; or

(b) Any waste or other matter is discharged into the sea, without a special permit, from any New Zealand ship or home- trade ship or New Zealand aircraft or from offshore installation or fixed or floating platform or other artificial structure to which this Part applies; or

(c) A ship or aircraft is dumped into New Zealand waters without a special permit; or

(d) An offshore installation or fixed or floating platform or other artificial structure to which this Part applies is dumped into the sea without a special permit; or

(e) Any waste or other matter is taken on board any ship or aircraft in New Zealand or in New Zealand waters without special permit and for the purpose or dumping;-

then, subject to the provisions of this Part of this Act,-

(f) If the dumping is from a ship or if a ship is dumped, the master or the owner of the ship; or

(g) If the dumping is from an aircraft, or if an aircraft is dumped, the pilot or the owner of the aircraft or the person in possession of the aircraft; or

(h) If the dumping is from an offshore installation or if an offshore installation is dumped, the owner or the person carrying on operations or the person in charge of the operations; or

(i) If the dumping is from a fixed or floating platform or other artificial structure situated in the sea or on the seabed, or if a fixed or floating platform or other artificial structure is dumped, the person in possession of the platform or structure or the owner, as the case may be; or

(j) If the waste or other matter is taken on board a ship or aircraft in New Zealand or in New Zealand waters for the purpose of dumping at sea, the master or the owner of the ship or, as the case may be the pilot or the owner of the aircraft or the person in possession of the aircraft-

commits an offence under this section.

(2) Every person who commits an offence under this section-

(a) Is liable on summary conviction to a fine not exceeding $50,000; and

(b) Is also liable to pay such amount as the Court may assess in respect of the expenses and costs that have been incurred or will be incurred in removing or cleaning up or dispersing any waste or other matter to which the offence relates from any New Zealand waters or from any foreshore or harbour works in New Zealand.

22. Special permits- (1) Regulations may be made under section 68 of this Act-

(a) Establishing an Ocean Dumping Permit Authority;

(b) Prescribing the composition of the Authority, its members, the term of office of its members, and any other provisions that may reasonably be necessary or expedient to allow the Authority to carry out its functions under this Part of this Act.

(2) A special permit shall be obtained-

(a) Before each occasion on which it is intended to dump waste or other matter;

(b) Before each occasion on which waste or other matter is taken on board a ship or aircraft in New Zealand or New Zealand waters for the purpose of dumping;

(c) Before each occasion on which a ship, an aircraft, an offshore installation, a fixed or floating platform, or any other artificial structure to which this Part applies is to be dumped.

(3).Every application for a special permit shall be made in writing to the Ocean Dumping Permit Authority or, where no such Authority has been established, to the Minister, and shall contain information relating to-

(a) The characteristics and composition of the waste or other matter intended to be dumped; and

(b) The method by which the waste or other matter is to be dumped; and

(c) Such other information as may be prescribed by regulations made pursuant to subsection (4) of this section or, while no such regulations are in force, as may be required by the Ocean Dumping Permit Authority or the Minister as the case may be.

(4) Regulations may be made under section 68 of this Act prescribing-

(a) That a special permit shall not be issued by the Ocean Dumping Permit Authority or by the Minister, as the case may be, for the dumping of specified types of waste or other matter or of specified classes of waste and other matter; and

(b) The criteria to govern the issue of special permits.

(5) No regulations shall be made pursuant to subsection (4) of this section except on the advice of the Minister-

(a) After consultation by him with the Minister of Health and the Minister of Science; and

(b) After careful consideration by him of the matters specified in section 24 of this Act.

(6) In determining any application for a special permit, the Ocean Dumping Permit Authority or the Minister, as the case may be, shall have special regard to-

(a) The criteria prescribed pursuant to regulations made pursuant to subsection (4) of this section; or

(b) While no such regulations are in force, the criteria specified in section 24 of this Act,-

and may issue the permit if in its or his opinion such of those criteria as are applicable have been met.

(7) Every special permit shall specify-

(a) The waste or other matter to be dumped; and

(b) The quantity to be dumped; and

(c) The method of damping to be used; and

(d) The specific location at sea of the dumping site; and

(e) The ship, aircraft, offshore installation, fixed or floating platform, or other artificial structure to be used in the dumping operation; and

(f) The person who shall be responsible for carrying out the dumping operation; and

(g) Such other conditions, stipulations, and requirements as the Ocean Dumping Permit Authority, or the Minister, as the case may be, thinks fit, having special regard to the provisions of any regulations made pursuant to subsection (4) of this section or, while no such regulations are in force, the criteria specified in section 24 of this Act.

(8) Notwithstanding anything in this Part of this Act or any special permit, no special permit shall authorise or deemed to authorise the dumping of any waste or other matter in breach of section 242 of the Harbours Act 1950.

(9) Every person commits an offence who fails to comply with any condition, specification, or requirement contained in a special permit, and is liable on summary conviction to a fine not exceeding $10,000 for each day or part of each day of which the offence has continued.

23. Special defences- Where a person is charged with an offence under section 21 or section 22 of this Act, it shall be a defence to prove that the dumping of the waste or other matter in respect of which the offence is alleged to have been committed, or, as the case may be, the failure to comply with any condition, stipulation, or requirement contained in the special permit in respect of which the offence is alleged to have been committed, was necessary-

(a) For the purpose of saving or preventing danger to human life; or

(b) In a case of force majeure caused by stress of weather, for the purpose of securing the safety of any ship or aircraft or offshore installation or fixed or floating platform, or any other artificial structure situated at sea or on the seabed; or

(c) For the purpose of averting a serious threat to any ship or aircraft or offshore installation or fixed or floating platform, or any other artificial structure situated in the sea or on the seabed:

Provided that a defence under this section shall not have effect unless the Court is satisfied that the dumping of the waste or other matter or, as the case may be, the failure to comply with the condition, stipulation, or requirement was necessary for the purpose alleged in the defence and was a reasonable step to take in all the circumstances:

Provided also that a defence under this section shall not have effect, unless the Court is satisfied that in the circumstances there was every probability that the damage resulting from the dumping of the waste or other matter or, as the case may be, the failure to comply with the condition, stipulation, or requirement was less or would be less than would have otherwise occurred, and that the dumping was so conducted that the likelihood of damage to human or marine life was minimised.

24. Criteria to govern dumping of waste and other matter into the sea- The following matters are to be taken into account in establishing criteria for dumping waste and other matter into the sea:

A. Characteristics and Composition of the Matter- 1. Total amount and average composition of matter dumped (for example, per year).

2. Form (for example, solid, sludge, liquid, or gaseous).

3. Properties: physical (for example, solubility and density), chemical and biochemical (for example, oxygen demand, nutrients), and biological (for example, presence of viruses, bacteria, yeasts, parasites).

4. Toxicity.

5. Persistence: physical, chemical, and biological.

6. Accumulation and biotransformation in biological materials or sediments.

7. Susceptibility to physical, chemical, and biochemical changes and interaction in the aquatic environment with other dissolved organic and inorganic materials.

8. Probability of production of taints or other changes reducing marketability of resources (fish, shellfish, etc.)

B. Characteristics of Dumping Site and Method of Deposit - 1. Location (for example, co-ordinates of the dumping area, depth, and distance from the coast), location in relation to other areas (for example, amenity areas, spawning, nursery, and fishing areas, and exploitable resources).

2. Rate of disposal per specific period (for example, quantity per day, per week, per month).

3. Methods of packaging and containment, if any.

4. Initial dilution achieved by proposed method of release.

5. Dispersal characteristics (for example, effects of currents, tides, and wind on horizontal transport and vertical mixing).

6. Water characteristics (for example, temperature, pH, salinity, stratification, oxygen indices of pollution-dissolved oxygen (DO), chemical oxygen demand (COD), biochemical oxygen demand (BOD)-nitrogen present in organic and mineral form, including ammonia, suspended matter, other nutrients, and productivity).

7. Bottom characteristics (for example, topography, geochemical and geological characteristics and biological productivity).

8. Existence and effects of other dumpings which have been made in the dumping area (for example, heavy metal background reading and organic carbon content).

9. In issuing a special permit, the issuing authority should consider whether an adequate scientific basis exists for assessing the consequences of such dumping, as outlined in this Schedule, taking into account seasonal variations:

C. General Considerations and Conditions- 1. Possible effects on amenities (for example, presence of floating or stranded material, turbidity, objectionable odour, discolouration, and foaming).

2. Possible effects on marine life, fish and shellfish culture, fish stocks and fisheries, seaweed harvesting and culture.

3. Possible effects on other uses of the sea (for example, impairment of water quality for industrial use, underwater corrosion of structures, interference with ship operations from floating materials, interference with fishing or navigation through deposit of waste or solid objects on the sea floor, and protection of areas of special importance for scientific or conservation purposes).

4. The practical availability of alternative land-based methods of treatment, disposal, or elimination, or of treatment to render the matter less harmful for dumping at sea.

PART III
MARINE CASUALTIES

25. Powers of Minister in relation to ships-(1) Without prejudice to any rights or powers of the Crown exercisable, whether under international law or otherwise, apart from the powers conferred by this section, the powers conferred by this section shall only be exercised and the measures authorised by this section shall only be taken where, as the result of a shipping casualty,-

(a) In New Zealand waters; or

(b) Outside those waters, -

it appears to the Minister necessary to prevent or reduce or eliminate pollution from oil or from any pollutant in, or the risk of any such pollution to, New Zealand waters or to the coast of New Zealand or to related interests.

(2) Where it appears to the Minister that as a result of a shipping casualty or acts related to such a casualty a ship constitutes or is likely to constitute a serious risk of pollution in or to New Zealand waters, or to the coast of New Zealand, or to related interests, then, for the purposes mentioned in subsection (1) of this section, he may-

(a) Issue instructions to the master or to the owner of the ship, or to any person in charge of any salvage operation or his servant or agent, requiring any specified action be taken or that no action be taken or that no specified action be taken with respect to the ship or its cargo or both; or

(b) Take any measures whatsoever with respect to the ship or the cargo or both, whether or not he has issued instructions under paragraph (a) of this subsection.

(3) Without limiting the generality of the powers conferred by this section, the measures the Minister may direct to be taken or may himself take under paragraph (b) of subsection (2) of this section for the purposes mentioned in subsection (1) of this section may include, with respect to the ship or its cargo or both, operations relating to-

(a) The removal to another place of the ship or its cargo or both; or

(b) The salvage of the ship or its cargo or both; or

(c) The sinking or destruction of the ship or the destruction of its cargo or both; or

(d) The taking over of control of the ship; or

(e) The removal of cargo from the ship.

(4) In order to carry out any of the measures referred to in paragraph (b) of subsection (2) of this section, the Minister may, after consulting the owner of the ship to whose master the instructions are to be given,-

(a) Instruct the master of any New Zealand ship or home-trade ship, or the master of any other ship within New Zealand waters, to render assistance to any ship that is or is likely to be a shipping casualty; and

(b) Instruct the master of any New Zealand ship or home-trade ship to take on board any equipment, to sail to any place, to render assistance to any ships engaged in assisting a shipping casualty or engaged in any operations for the cleaning up, removal, or dispersal of any oil or pollutant, and to obey the instructions of any person for the time being authorised by the Minister to exercise control over or responsibility for a shipping casualty.

(5) The master or owner of the ship shall be notified of any measures the Minister proposes to take under paragraph (b) of subsection (2) of this section:

Provided that the Minister may dispense with such notice where in his opinion the urgency of the situation is such that the measures must be taken immediately.

(6) The powers of the Minister under this section to issue instructions under paragraph (a) of subsection (2) of this section or to take measures under paragraph (b) of that subsection shall be exercisable by any person duly authorised by him.

(7) Any instructions issued under this section by the Minister or by any person so authorised shall be served on the persons specified in subsection (2) or, as the case may require, subsection (5) of this section in accordance with the provisions of section 61 of this Act.

(8) In this section-

"Related interests" includes interests directly affected or threatened, including (but without limiting the generality of this definition) maritime, coastal, port, or estuarine activities (including fisheries activities constituting an essential means of livelihood of the persons concerned), tourist attractions, public health and welfare, and the conservation of living marine resources and of wildlife;

"Ship" does not include any installation or device engaged in the exploration of the seabed and subsoil and the exploitation of the natural resources thereof.

Cf. Prevention of Oil Pollution Act 1971 (U.K.), s. 12; Navigation Act 1912-1968 (Aus.), ss. 329E, 329J, 329x; Canada Shipping Act (Can.), s. 738 (R.S.C., 1971. Ch. 27)

26. Powers of Minister in relation to offshore installations and pipelines- (1) Without prejudice to any rights or powers of the Crown exercisable, whether under international law or otherwise, apart from the powers conferred by this section, the powers conferred by this section shall only be exercised, and the measures authorised by this section shall only be taken, where, as the result of an incident occurring outside or on board or to an offshore installation or to a pipeline, it appears to the Minister necessary to prevent or reduce or eliminate pollution from oil or from any pollutant in, or the risk of such pollution to, New Zealand waters or to the coast of New Zealand or to related interests.

(2) Where it appears to the Minister that by reason of an incident mentioned in subsection (1) of this section an offshore installation, or a pipeline in New Zealand waters or on the continental shelf, or operations in New Zealand waters or on the continental shelf for the exploration of the seabed and subsoil and the exploitation of the natural resources thereof constitute or are likely to constitute a serious risk of pollution to New Zealand waters or to the coast of New Zealand or to related interests, or is likely to be a source of pollution in New Zealand waters or to the coast of New Zealand, then, for the purposes mentioned in subsection (1) of this section, he may, with the concurrence in writing of the Minister of Mines,-

(a) Issue instructions to the owner, or to any person in possession of the offshore installation, or to any person in charge of or carrying on any operations for the exploration of the seabed and subsoil and exploitation of the natural resources thereof, or to the owner of the pipeline, or to the servant or agent of any such person, requiring any specified action to be taken or requiring that no action be taken or that no specified action be taken with respect to the offshore installation, or to the operations, or to both, or to the pipeline, as the case may be; or

(b) Take any measures whatsoever with respect to the offshore installation, or to the operations, or to both, or to the pipeline, whether or not he has issued instructions under paragraph (a) of this subsection.

(3) The Minister shall notify the owner or any person mentioned in paragraph (a) of subsection (2) of this section of any measures that the Minister proposes to take under paragraph (b) of that subsection:

Provided that the Minister may dispense with such notice where in his opinion the urgency of the situation is such that the measures must be taken immediately.

(4) The powers of the Minister to issue instructions under paragraph (a) of subsection (2) of this section or to take measures under paragraph (b) of that subsection shall be exercisable by any person duly authorised by the Minister.

(5) Any instructions issued under this section by the Minister or by any person so authorised shall be served on the persons mentioned in subsection (2) of this section in accordance with the provisions of section 61 of this Act.

(6) In this section the expression "related interests" includes interests directly affected or threatened, including (but without limiting the generality of this definition) maritime, coastal, port, or estuarine activities (including fisheries activities constituting an essential means of livelihood of the persons concerned), tourist attractions, public health and welfare, and the conservation of living marine resources and of wildlife.

27. Right to compensation- (1) Where any action duly taken by any person pursuant to instructions issued under paragraph (a) of subsection (2) or subsection (4) of section 25 or paragraph (a) of subsection (2) of section 26 of this Act, or any measures taken by the Minister under paragraph (b) of subsection (2) of section 25 or paragraph (b) of sub-section (2) of section 26 of this Act-

(a) Were not reasonably necessary to eliminate or prevent or reduce pollution or the risk of pollution; or

(b) Were such that the good the action or measures taken did or were likely to do was disproportionately less than the expense incurred or the loss or damage suffered as a result of that action or those measures-

a person who has incurred expense or loss or damage as a result of taking that action or of those measures or as a result of his taking those measures himself may recover compensation from the Crown.

(2) Where a claim is brought against the Crown for compensation under subsection (1) of this section, the Court, in determining whether paragraph (b) of subsection (1) of this section applies, shall take into account-

(a) The extent and probability of imminent damage if the measures had not been taken; and

(b) The likelihood of the measures taken being effective; and

(c) The extent of the damage which has been caused by the measures taken.

Cf. Prevention of Oil Pollution Act 1971 (U.K.), s.13

28. Offences- (1) Every person commits an offence who-

(a) Fails to comply with any instructions issued by the Minister under section 25 or section 26 of this Act or by any person authorised by him; or

(b) Wilfully obstructs a person acting in compliance with any instructions issued by the Minister under either of those sections or by any person authorised by him; or

(c) Wilfully obstructs the Minister or any person acting on behalf of the Minister in carrying out any of the powers conferred on the Minister by either of those sections.

(2) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000 for each day or part of each day on which the offence has continued.

(3) In any proceedings for an offence against this section, it shall be a defence to prove that the failure to comply with any instructions issued under section 25 or section 26 of this Act, or, as the case may be, that the wilful obstruction of any person acting in compliance with any such instructions duly issued or of any person acting on behalf of the Minister, resulted from the need to save life at sea.

(4) In any proceedings for an offence against this section, it shall also be a defence to prove that the person charged used all due diligence to comply with the instructions.

Cf. Prevention of Oil Pollution Act 1971 (U.K.), s. 13

29. Protection of Minister and other persons-Where-

(a) The Minister or any person duly authorised by him has taken any measures under the provisions of paragraph (b) of subsection (2) of section 25 or paragraph (b) of subsection (2) of section 26 of this Act; or

(b) Any person has taken any action or refrained from taking any action pursuant to instructions issued under paragraph (a) of subsection (2) or subsection (4) of section 25 or paragraph (a) of subsection (2) of section 26 of this Act,-

then, subject to section 27 of this Act, the Minister or that person, as the case may be, shall not be under any civil liability in respect thereof.

PART IV
Civil Liability

30. Liability for costs of removal of oil or pollutant or waste or other matter- Where any oil or pollutant is discharged or escapes or any waste or other matter is dumped in contravention of this Act-

(a) Into New Zealand waters or into waters over the continental shelf from any place on land, or from any offshore installation, or from a pipeline, or as the result of any operations for the exploration of the seabed and; subsoil and