Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013

Reprint as at 31 October 2015

Coat of Arms of New Zealand

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013

Public Act
 
2013 No 85
Date of assent
 
22 October 2013
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

Contents

1Title
2Commencement
3Principal Act
4Section 3 amended (Outline of Act)
5Section 4 amended (Interpretation)
6Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
7Section 10 amended (Purpose)
8Section 11 amended (International obligations)
9Section 13 amended (Functions of Environmental Protection Authority)
10Section 16 amended (Restriction on Environmental Protection Authority’s power to delegate)
11Part 2 replaced
20Restriction on activities other than discharges and dumping
20ARegulation under this subpart and Maritime Transport Act 1994 of discharges
20BRestriction on discharges of harmful substances from structures and submarine pipelines
20CRestriction on mining discharges from ships
20DRegulation under this subpart and Maritime Transport Act 1994 of dumping
20EProhibition on dumping radioactive waste or other radioactive matter
20FProhibition on dumping toxic or hazardous waste
20GRestriction on dumping waste or other matter
20HEmergency dumping
20IProhibition on incinerating waste or other matter at sea
20JBurial at sea
21Certain existing activities may continue
22Planned petroleum activities may commence
23Certain existing activities that become prohibited may continue
24Unauthorised activities must stop
25Duty of persons operating in exclusive economic zone or on continental shelf
26Relationship with other legal requirements
12Cross-heading above section 27 amended
13Section 27 amended (Regulations prescribing standards, methods, or requirements)
14Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf)
15New sections 29A to 29D and cross-headings inserted
29ARegulations for discharges and dumping
29BRegulations for emergency dumping
29CRegulations implementing international obligations
29DNon-notified activities
16Section 31 amended (Application of regulations)
17Section 32 amended (Process for developing or amending regulations)
18Section 33 amended (Matters to be considered for regulations)
19Section 34 amended (Information principles)
20New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping)
34AMatters to be considered for regulations relating to discharges and dumping
21Section 36 amended (Discretionary activities)
22Section 37 amended (Prohibited activities)
23New section 37A inserted (Application of this subpart)
37AApplication of this subpart
24Section 38 amended (Application for marine consent)
25New section 42A inserted (Joint processing and decision-making on related applications)
42AJoint processing and decision making on related applications
26Section 44 amended (Environmental Protection Authority may obtain advice)
27New sections 44A to 44C and cross-headings inserted
44ACopy of consent applications for non-notified activities
44BHearings in respect of consent applications for non-notified applications
44CApplication of sections 45 to 58
28Section 68 amended (Time limits for Environmental Protection Authority’s decision)
29Section 76 amended (Environmental Protection Authority may review duration and conditions)
30Section 78 amended (Notice of review to consent holder and public notice)
31New section 78A inserted (Copy of notice of review of non-notified activity)
78ACopy of notice of review of non-notified activity
32Section 79 amended (Further information, advice, submissions, and hearing)
33New subpart 2A of Part 3 inserted
87AApplication
87BApplication for marine discharge consent or marine dumping consent
87CProcess before Environmental Protection Authority makes decision
87DEnvironmental Protection Authority’s consideration of application
87EInformation principles relating to discharges and dumping
87FDecision on application for marine discharge consent or marine dumping consent
87GConditions and decision-making process
87HDuration of marine discharge consents and marine dumping consents
87IExercise of consents, transfer, review, and minor changes
87JChange or cancellation of marine dumping consent or marine discharge consent on application by consent holder
34Section 93 amended (Environmental Protection Authority may require joint application)
35Section 94 amended (Decision to separate joint application for consent)
36Section 96 amended (Environmental Protection Authority to administer process)
37Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
38Section 105 amended (Appeals on question of law)
39Sections 132 to 134 and cross-heading above section 132 replaced
132Offences in relation to activities regulated under section 20
133Strict liability and defences
134Offences in relation to discharge of harmful substances
134ADefence
134BOffences in relation to dumping of radioactive waste or other radioactive matter
134COffences in relation to dumping of toxic or hazardous waste
134DOffences in relation to dumping and incineration of waste and other matter
134EDefence in relation to dumping of waste or other matter
134FOffence in relation to enforcement order, abatement notice, section 24, or section 167
134GOther offences
134HPenalties
134IAdditional penalties for discharge and dumping offences
134JPenalties for section 134G offences
134KCourt orders
134LAdditional penalty for offence involving commercial gain
134MApplication of fines for discharge and dumping offences
40Section 136 amended (Commencement of offence proceedings)
41New section 136A inserted (Commencement of proceedings against natural person)
136ACommencement of proceedings against natural person
42Section 143 amended (Principles of cost recovery)
43New sections 158A and 158B inserted
158AEPA and Maritime New Zealand to share information
158BEPA may provide information to other regulatory agencies for purposes of this Act
44New sections 164A and 164C and cross-heading inserted
164ADumping permits issued under Maritime Transport Act 1994
164BProvisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents
164CCompletion of certain matters pending at commencement of sections 164A and 164B
45New section 167A and cross-heading inserted
167ATransitional and savings provision relating to regulations
46New Schedule inserted
47Consequential amendments to maritime transport legislation
Reprint notes

The Parliament of New Zealand enacts as follows: