Marine Legislation Bill

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Hon Gerry Brownlee

Marine Legislation Bill

Government Bill

58—2

As reported from the Transport and Industrial Relations Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Amendments to Maritime Transport Act 1994

3 Principal Act

4 Long Title amended

5 Section 2 amended (Interpretation)

5A Section 4 amended (Application of this Act)

6 New Part 3A inserted

7 Section 34 amended (Maritime rules relating to maritime documents)

8 Section 36 amended (Maritime rules relating to other matters)

9 New section 36A inserted (Power of Governor-General to make maritime rules)

10 Section 39 amended (Matters to be taken into account in making maritime rules)

11 New Part 4A inserted

12 Section 43 amended (Suspension of maritime documents or imposition of conditions)

13 Section 47 amended (Exemption)

14 Cross-heading above section 52 replaced

15 Section 52 amended (Suspension from employment)

16 Section 53 amended (Suspended persons not to be employed)

17 Cross-heading above section 54 amended

18 New section 54A inserted (Power of Director to investigate holder of maritime document)

19 New sections 67A and 67B inserted

20 New sections 69A and 69B inserted

21 Part 7 heading replaced

22 Section 84 replaced (Interpretation)

23 New section 84A inserted (LLMC Convention as amended by LLMC Protocol to have force of law)

24 Section 85 repealed (Persons entitled to limitation of liability under this Part)

25 Section 86 amended (Claims subject to limitation of liability)

26 Section 87 amended (Calculation of limits of liability)

27 New section 87A inserted (Governor-General may notify amended limits)

28 Section 88 amended (Units of account)

29 Sections 89 to 91 repealed

30 Section 97 amended (Limitation of actions)

31 Section 100 amended (Powers and duties of Director where ship or aircraft in distress)

32 Section 105 amended (Rules to be observed by person finding wreck)

33 Cross-heading above section 191 replaced

34 Section 191 amended (Marine safety charges)

35 Sections 192 to 197 amended

36 Section 198 amended (Coastal shipping)

36A Section 200 amended (Navigational aids)

37 Section 200B amended (Special enforcement powers may be exercised when this section applies)

38 Section 201 amended (Regulations)

39 Section 222 amended (Interpretation)

40 Section 230 amended (Notice of transfer of oil or noxious liquid substances to or from ships)

41 New section 233A inserted (Power to prohibit transfer of oil or noxious liquid substance)

42 Section 241 amended (Failure to notify transfer of oil or noxious liquid substance from or to ships)

43 New section 242A inserted (Failure to comply with prohibitions)

44 Section 245 amended (Penalties in respect of sections 240 and 241)

45 Section 247 amended (Interpretation)

46 Section 248 amended (Powers of Director in relation to hazardous ships)

47 Section 250 replaced (Exercise of power by Director)

48 Section 254 amended (Instructions under this Part that conflict with other instructions)

49 Section 256 amended (Protection of Director and other persons)

50 Section 307 amended (Compensation payable where property requisitioned)

51 Section 308 amended (Compensation for loss or damage to personal property)

52 Section 342 amended (Interpretation)

53 Section 347 amended (Maximum amount of liability of shipowners for pollution damage)

54 Section 354 replaced (Ships owned by CLC State)

55 Sections 355 to 360 and cross-heading above section 355 repealed

56 Section 361 amended (Time for bringing proceedings)

57 Section 362 repealed (Part 7 not to affect liability under this Part)

58 Section 364 replaced (Regulated offshore installations to have certificates of insurance)

59 Section 365 amended (Production of certificate of insurance)

60 Section 366 amended (Rights of third parties against insurers of regulated oil tankers, regulated ships, and regulated offshore installations)

61 Section 367 replaced (Offences)

62 New Part 26A inserted

63 Section 387 amended (Marine protection rules relating to marine protection documents)

64 Section 388 amended (Marine protection rules in relation to harmful and other substances)

65 Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)

66 New section 390A inserted (Power of Governor-General to make marine protection rules)

67 Section 395 amended (Exemptions)

68 Section 406 amended (Communicating false or insufficient information)

69 Section 407 amended (Penalties)

70 Section 409 amended (Additional penalty for offence involving commercial gain)

71 Section 411 amended (Limitation of proceedings)

72 Section 423 amended (Infringement notices)

72A Section 425 amended (Procedure)

72B Section 426 amended (Decision of Director to continue in force pending appeal)

72C Section 429 amended (Maritime New Zealand continued)

73 Section 445 amended (Regulations for fees and charges)

74 New section 445A inserted (Text of certain marine protection conventions)

75 Section 446 amended (Procedure for making of rules by Minister)

76 New section 446A inserted (Procedure for making of rules by Governor-General)

77 Section 448 amended (Provisions in respect of rules generally)

78 Section 451 amended (Further general provisions in respect of rules)

79 Section 452 replaced (Incorporation in rules of material by reference)

80 Section 468 amended (Savings relating to Shipping and Seamen Act 1952)

81 New Schedules 8 and 9 inserted

Repeals and revocations

82 Amendments to Local Government Act 1974

83 Revocation of Maritime Transport (Certificates of Insurance) Regulations 2005

Transitional and savings provisions

84 Savings provisions relating to Local Government Act 1974

85 Conflicts between existing navigation bylaws and existing maritime rules

86 Marine Safety Charges Regulations 2000

Consequential amendments

87 Consequential amendments

Part 2
Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

88 Principal Act

89 Section 3 amended (Outline of Act)

90 Section 4 amended (Interpretation)

91 Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)

92 Section 10 amended (Purpose)

93 Section 11 amended (International obligations)

94 Section 13 amended (Functions of Environmental Protection Authority)

95 Section 16 amended (Restriction on Environmental Protection Authority's power to delegate)

96 Part 2 replaced

Existing activities and planned petroleum activities

Unauthorised activities

Discharge of harmful substances

Mining-related discharge of harmful substances

Dumping of waste or other matter

Burial at sea

Unauthorised activities

97 Cross-heading above section 27 amended

98 Section 27 amended (Regulations prescribing standards, methods, or requirements)

99 Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf)

100 New sections 29A and 29B and cross-heading inserted

101 Section 31 amended (Application of regulations)

102 Section 32 amended (Process for developing or amending regulations)

103 New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping)

104 Section 36 amended (Discretionary activities)

105 Section 37 amended (Prohibited activities)

106 New section 37A inserted (Application of this subpart)

107 New subpart 2A of Part 3 inserted

108 Sections 132 to 134 and cross-heading above section 132 replaced

109 Section 136 amended (Commencement of offence proceedings)

110 New section 136A inserted (Commencement of proceedings against natural person)

110A Section 143 amended (Principles of cost recovery)

110B New section 158A inserted (EPA and Maritime New Zealand to share information)

111 New sections 164A and 164B and cross-heading inserted

112 Consequential amendments to maritime transport legislation

Schedule 1
New Schedules 8 and 9 inserted

Schedule 2
Consequential amendments

Schedule 3
Amendments to maritime transport legislation consequential on amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Legislative history


The Parliament of New Zealand enacts as follows: