15B Discharge of harmful substances from ships or offshore installations

(1)

No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless—

(a)

the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

(b)

after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:

(i)

the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

(ii)

any conspicuous change of colour or visual clarity:

(iii)

any emission of objectionable odour:

(iv)

any significant adverse effects on aquatic life; or

(c)

the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment.

(2)

No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless—

(a)

the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

(b)

after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.

(3)

Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges.

(4)

No person may discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or subsection (2)(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)(b) or (c) or subsection (2)(b).

(5)

A discharge authorised by subsection (1) or subsection (2), regulations made under this Act, a rule, or a resource consent may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.

Section 15B: replaced, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1997 (1997 No 104).