New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 335

335 Rates and basis of oil pollution levies

1 Oil pollution levies are not required to be at a uniform rate and, in particular, different rates may be imposed—

a) on different classes of person; and

b) in respect of different classes of contributing ships, contributing oil sites, and contributing oil; and

c) in respect of contributing ships, contributing oil sites, and contributing oil of the same class if different circumstances (which may include different levels of marine oil pollution risk) apply.

2 An Order in Council under section 333 may fix different rates of levy in respect of contributing ships, contributing oil sites, and contributing oil, of the same class if different circumstances (which may include different levels of marine oil pollution risk) apply.

3 Any such Order in Council may provide that the rate of any levy shall be calculated—

a) at a specified flat annual rate per gross ton of the contributing ship:

b) at a specified rate in respect of each entry of a contributing ship into a port in New Zealand:

c) at a specified flat annual rate per tonne of oil:

d) on any other specified basis whatever.

4 Any such Order in Council may—

a) require levies to be paid in advance or otherwise:

b) prescribe dates for payment of levies:

c) prescribe the periods in respect of which the levies shall be payable:

d) provide for the refund of the whole or any part of a levy paid in advance or otherwise, in circumstances specified in the Order in Council:

e) make the owners and masters of contributing ships, and the owners of contributing oil sites, and contributing oil, as the case may be, jointly and severally liable for levies.

5 No such Order in Council shall apply to a contributing ship in respect of its entry into a port in New Zealand—

a) solely for the purpose of saving or preventing danger to human life, or of obtaining medical treatment for any person; or

b) solely because of weather conditions or any other circumstances that neither the owner nor the master of the ship could have prevented or forestalled.

Note: 1974 No 14 s 29B(2), (5) ; 1977 No 130 s 3 ; 1990 No 98 s 42B ; 1992 No 75 s 22