This Act is the Maritime Transport (MARPOL Annex VI) Amendment Act 2021.
Maritime Transport (MARPOL Annex VI) Amendment Act 2021
| Jurisdiction | New Zealand |
| Act Number | 45 |
| Record Number | LMS495937 |
| Type of Document | Act |
This Act comes into force on the day after the date of Royal assent.
This Part amends the Maritime Transport Act 1994.
In section 222(1), insert in their appropriate alphabetical order:
In section 222(1), replace the definition of discharge with:
discharge—
- includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
does not include—
- dumping in accordance with a permit issued by the Director under section 262; or
- the release of harmful substances for the purposes of legitimate scientific research into pollution abatement and control
In section 222(1), replace the definition of marine protection product with:
marine protection product means—
- anything or any substance specified as a marine protection product for the purposes of this definition by the marine protection rules; and
anything that comprises, or is intended to comprise, any part of a ship, offshore installation, or pipeline, or that is or is intended to be installed on or fitted or supplied to a ship, offshore installation, or pipeline for the purpose of preventing, limiting, or controlling a discharge or the escape of a harmful substance, ballast water, or an Annex VI substance, including (but not limited to)—
- any plant or equipment that treats or is intended to treat a harmful substance, ballast water, or an Annex VI substance; and
- any plant or equipment that monitors or is intended to monitor the discharge or escape of a harmful substance, ballast water, or an Annex VI substance; and
- any substance used or intended to be used for the dispersal or emulsification of a harmful substance or ballast water in the sea
In section 222(1), repeal the definition of reception facility.
After section 222(1), insert:
reception facility means a facility for the reception of—
- harmful substances from ships (as defined in section 2(1)); or
- sediment (as defined in section 444A(3)); or
- Annex VI substances from ships (within the meaning of MARPOL)
In section 223, insert as subsection (2):
In section 225, repeal the definitions of discharge, marine protection product, and reception facility.
Repeal section 236.
In section 242, replace
In section 271(2)(c), replace
After section 272(1)(e), insert:
After section 388(n), insert:
After section 395(2)(b)(iii), insert:
In section 395(2)(d)(i), after
Replace the heading to section 396 with
After section 396(3), insert:
After section 396, insert:
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—
- protecting the environment, including the marine environment, from harm from discharges from ships that are subject to the provisions of Annex VI; or
- 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
- facilitating and reviewing trials of ship emission reduction and control technologies; or
- monitoring compliance with conditions of exemptions.
This section applies to a person who—
- holds any marine protection document; or
- is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
- operates, maintains, or services, or does any other act in respect of, any ship, marine protection product, or reception facility.
For the purposes of any inspection or audit carried out in respect of any person under subsection (3), the Director may, in writing,—
- require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
in respect...
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