New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 227

227 Duty to report discharge or escape of harmful substances

1 This section applies to the discharge or escape of a harmful substance into the sea, or onto or into the seabed, in breach of—

a) section 226 or 226A ; or

b) section 15B of the Resource Management Act 1991 ; or

c) section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 .

2 Notice of the discharge or escape must be given,—

a) if the discharge or escape occurred beyond New Zealand continental waters, to the Director; or

b) if the discharge or escape occurred within the internal waters or the territorial sea, to the Director and the regional council within whose region the discharge or escape occurred; or

c) if the discharge or escape occurred in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.

3 Each of the following persons is under a duty to give notice of the discharge or escape of a harmful substance:

a) if the discharge or escape was from a ship, the owner and the master of the ship:

b) if the discharge or escape was from an offshore installation, the owner of the installation:

c) if the discharge or escape was from a pipeline, the owner of the pipeline:

d) if the discharge or escape was a result of a marine operation, the person in charge of and the person carrying on the operation.

4 If one person gives notice of the discharge or escape of a harmful substance in accordance with subsection (3), no other person is required to give notice of the discharge or escape.

5 If the discharge or escape of a harmful substance breaches section 226A , the master of the ship must, as soon as practicable, report the discharge or escape to the appropriate authority of the nearest State.

6 This section applies whether or not a defence may be available under this Act, the Resource Management Act 1991 , or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 .

History: Section 227: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).   Section 227(1)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).     Section 227(6): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).