LEX-FAOC116115

The aim of this Act is to make better provision for preventing and dealing with marine pollution and to give effect to certain international conventions relating thereto. It is divided into the following Parts: Prevention of pollution (I) (in force in Tokelau); Dumping and incineration of wastes (II); Marine casualties (III); Oil pollution levies (IV); Civil liability (V); Additional compensation and indemnification (VI); Miscellaneous provisions (VII).; The Act makes it an offence for ships, land based installations, etc. to discharge oil or other pollutants into New Zealand or outside waters. Discharges as a result of exploration or exploitation of the seabed are also prohibited. Section 19 allows for the implementation of inspection powers under the International Convention for the Prevention of Pollution of the Sea by Oil, as amended. Part II prohibits the dumping and storage of radioactive wastes by ships and aircraft and requires permits for the dumping or incineration of other wastes into New Zealand waters, the EEZ, waters above the continental shelf and into the seabed or subsoil below such waters. Sections 24 and 25 set out criteria governing the dumping and incineration of waste and other matter into the sea. Civil liability is imposed for the recovery of costs to remove oil, pollutants, wastes or other matters in contravention to this Act as well as for pollution damage. Part VI implements the International Convention on the Establishment of an International Fund for Oil Pollution Damage of 1971 as well as the International Convention on Civil Liability for Oil Pollution Damage of 1969. Section 64 specifies that this Act, except provisions expressly applying to New Zealand ships only, applies to all ships, whether registered or not and of whatever nationality.