New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 257

257 Interpretation

In this Part, unless the context otherwise requires,—  
"controlled offshore installation" means any offshore installation that is—  

a) in the waters of the exclusive economic zone of New Zealand; or

b) in the waters beyond the outer limits of the exclusive economic zone of New Zealand, but over the continental shelf of New Zealand

"Convention State" means a State that is a party to the London Convention  
"dumping" —  

a) means—

i) any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and

ii) any deliberate disposal into the sea of vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and

iii) any storage of wastes or other matter in the seabed and the subsoil of the seabed from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and

iv) any abandonment or toppling at site of platforms or other structures (other than natural structures) at sea, for the sole purpose of deliberate disposal; but

b) does not include—

i) the disposal into the sea of wastes or other matter incidental to, or derived from, the normal operations of vessels, aircraft, platforms, or other structures (other than natural structures) at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms, or other structures (other than natural structures) at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms, or other structures; or

ii) placement of matter for a purpose other than the mere disposal of them, provided that such placement is not contrary to the aims of the 1996 Protocol to the London Convention; or

iii) abandonment in the sea of matter (for example cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of them; and

c) does not include the disposal or storage of wastes or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources

"emergency dumping permit" means a permit granted under section 262A   
"incinerated at sea" —  

a) means the deliberate disposal of waste or other matter by thermal destruction on board a ship, platform, or other artificial structure at sea; but

b) does not include the incineration on board a ship, platform, or other artificial structure at sea of waste or other matter generated during the normal operation of that ship, platform, or other structure at sea

"London Convention" means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972; and includes any subsequent amendment or protocol to, or revision of, that Convention accepted or ratified by New Zealand  
"marine incineration facility" means a ship or an offshore installation that incinerates waste or other matter at sea    
"New Zealand marine incineration facility" means a marine incineration facility that is owned or managed by—  

a) a New Zealand citizen; or

b) a person who is ordinarily resident in New Zealand; or

c) a company registered under the Companies Act 1993

"New Zealand structure" means a structure that is owned by—

a) a New Zealand citizen; or

b) a person who is ordinarily resident in New Zealand; or

c) a company registered under the Companies Act 1993

"radioactive waste or other radioactive matter" means any waste or other matter containing any radioactive material within the meaning of section 5(1) of the Radiation Safety Act 2016  
"structure" includes an offshore installation, artificial island, or floating platform, but does not include a submarine pipeline    
"toxic or hazardous waste" means any waste or other matter specified as toxic or hazardous waste for the purposes of this definition by the marine protection rules    
"waste or other matter" means material and substances of any kind, form, or description.  

History: Section 257 dumping: substituted, on 9 June 1999, by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).   Section 257 emergency dumping permit: inserted, 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 257 incinerated at sea: inserted, on 9 June 1999, by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).     Section 257 incineration: repealed, on 9 June 1999, by section 27 of the Maritime Transport Amendment Act 1999 (1999 No 68).     Section 257 New Zealand marine incineration facility paragraph (c): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).     Section 257 New Zealand structure: inserted, 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 257 radioactive waste or other radioactive matter: amended, on 7 March 2017, by section 99 of the Radiation Safety Act 2016 (2016 No 6).     Section 257 structure: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).