New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 261

261 Dumping and incineration of waste or other matter

1 No person may dump waste or other matter from a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea, or into or onto the seabed, beyond New Zealand continental waters, unless the dumping is authorised by—

a) a permit issued under section 262 ; or

b) a permit issued by a Convention State; or

c) an emergency dumping permit issued under section 262A .

2 No person may dump a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea or onto or into the seabed beyond New Zealand continental waters, unless the dumping is authorised by—

a) a permit issued under section 262 ; or

b) a permit issued by a Convention State; or

c) an emergency dumping permit issued under section 262A .

3 No person may incinerate waste or other matter at sea—

a) in the internal waters of New Zealand; or

b) beyond New Zealand continental waters on a New Zealand ship, a New Zealand structure, or a New Zealand aircraft.

4 No person may export waste or other matter to another country for dumping at sea or incineration at sea.

5 No person may take waste or other matter on board a ship or an aircraft in New Zealand, or within the internal waters of New Zealand or New Zealand continental waters, for the purpose of dumping that waste or other matter within any of those waters unless the dumping is authorised by—

a) a resource consent granted under the Resource Management Act 1991 ; or

b) a marine consent granted under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 ; or

c) a permit granted under section 262 .

6 This section does not—

a) require the Director to obtain a permit under section 262 or 262A before he or she exercises a power conferred by section 248 or 249 ; or

b) apply to the exercise of any of those powers by the Director.

History: Section 261: 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 261(5)(a): 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 261(5)(b): amended on 1 June 2017, by section 286(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).