Marine Protection (Offences) Amendment Regulations (No 2) 2006

2006/342

Marine Protection (Offences) Amendment Regulations (No 2) 2006


Note

These regulations are administered by the Ministry of Transport.


Pursuant to section 394 of the Maritime Transport Act 1994, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Marine Protection (Offences) Amendment Regulations (No 2) 2006.

2 Commencement
  • These regulations come into force on 14 December 2006.

3 Principal regulations amended
4 Schedule 1 amended
  • Schedule 1 is amended by inserting, in their appropriate order, the items set out in the Schedule.


Schedule
New offence provisions and penalties added to Schedule 1 of principal regulations

r 4

  Maximum penalty on summary conviction for individualMaximum penalty on summary conviction for body corporateInfringement fee for individualInfringement fee for person other than individual
ProvisionBrief description$$$$
Part 130BOil transfer site marine oil spill contingency plans    
Rule 130B.4No person may operate oil transfer site without approved contingency plan that complies with certain requirements5,00030,0002,00012,000
Rule 130B.8(a)Operator of oil transfer site must ensure certain personnel receive appropriate training5,00030,0002,00012,000
Rule 130B.8(c)Operator of oil transfer site must maintain access to equipment to deal with oil spill5,00030,0002,00012,000
Rule 130B.8(d)Operator of oil transfer site must, when called upon by the Director, justify response option in contingency plan as effective and achievable3,00020,0001,2007,200
Rule 130B.9(1)Operator of oil transfer site must keep Director's written approval with approved site marine oil spill contingency plan, and make both documents available to Director on request3,00020,0001,2007,200
Rule 130B.9(3)Operator must, as soon as practicable, supply a copy of Director's written approval and approved contingency plan to Director, District Chief Officer, and regional on-scene commander (if any)3,00020,0001,2007,200
Rule 130B.10(1)Operator of oil transfer site must ensure contingency plan is tested and reviewed3,00020,0001,2007,200
Rule 130B.10(2)Operator of oil transfer site must keep record of every test and review, and the results and findings2,50015,0005003,000
Rule 130B.10(3)Operator of oil transfer site must determine and implement changes to contingency plan2,50015,0005006,000
Rule 130B.11(1)Operator of oil transfer site must ensure any modification to contingency plan is notified1,2506,0005003,000
Rule 130B.11(2)Operator of oil transfer site must keep a record of action(s) taken in accordance with Rule 130B.11(1)1,2506,0005003,000
Rule 130B.12(1)Operator of oil transfer site must obtain approval for modifications to contingency plan5,00030,0002,00012,000
Rule 130B.13Operator of oil transfer site must report any marine oil spill2,0001,200
Part 200Offshore installations–-discharges    
Rule 200.4No person may operate an offshore installation without discharge management plan approved by Director5,00030,000
Rule 200.8(1)Owner must keep approved discharge management plan with Director's written approval, and make both documents available to the Director on request5003,000
Rule 200.8(3)If installation is within a region, owner must supply a copy of Director's written approval and approved discharge management plan to regional on-scene commander as soon as practicable after approval is issued1,2506,0005003,000
Rule 200.9(1)Owner must apply to Director for approval of modification to discharge management plan5,00030,0002,00012,000
Rule 200.10(1)Owner must notify Director and every person holding a copy of discharge management plan required to be kept or supplied under Rule 200.8 of modification made to discharge management plan1,2506,0005003,000
Rule 200.10(2)Owner must keep record of action(s) taken in accordance with Rule 200.10(1)1,2506,0005003,000
Rule 200.11Owner of installation must–-    
 (a) ensure personnel receive appropriate training; and5,00030,0002,00012,000
 (b) keep a record of training; and1,2506,0005003,000
 (c) maintain access to equipment to deal with spill at appropriate level; and5,00030,0002,00012,000
 (d) when requested by Director, justify response option identified in discharge management plan as effective and achievable1,2506,0005003,000
Rule 200.12(1)Owner of installation must test emergency response procedures at least every 12 months and review effectiveness of procedures as soon as practicable after every test, every use of procedures, and any change in procedures or equipment for site (other than direct replacement of equipment)5,00030,0002,00012,000
Rule 200.12(2)Owner must keep a record of every test and review made under Rule 200.12(1), and results and findings2,50015,0005003,000
Rule 200.12(3)Following every review of emergency response procedures, owner must determine and implement modifications to discharge management plan immediately, for modifications to 24 hour contact list or reassignment of personnel responsibilities, or on approval of Director2,50015,0005003,000
Rule 200.13Owner of controlled offshore installation must ensure no harmful substance, nor degradation or transformation product of any harmful substance, is discharged from controlled offshore installation, unless harmful substance is specified in approved discharge management plan and discharged in accordance with plan2,00012,000
Rule 200.14(1)(a)Owner of controlled offshore installation must, by use of best practicable option, ensure dispersed oil content of production water, displacement water, or offshore processing drainage discharged from controlled offshore installation is measured by method approved by Director in discharge management plan at least twice daily, at intervals of approximately 12 hours2,00012,000
Rule 200.14(4)If dispersed oil content of production water, displacement water, or offshore processing drainage exceeds–-    
 (a) limit in Rule 200.14(1)(b), owner must report excess to Director as soon as practicable; and3,00020,0001,2007,200
 (b) limit in Rule 200.14(4)(b), owner must report excess as marine oil spill in accordance with Rule 200.225,00030,0002,00012,000
Rule 200.15No person may discharge garbage from a controlled offshore installation except food waste that has passed through a comminuter or grinder and is capable of passing through a screen with openings no greater than 25mm22,0001,200
Rule 200.16(1)Owner of controlled offshore installation must ensure no drilling fluid is used unless fluid is water or synthetic-based, and is specified in approved discharge management plan and discharged in accordance with that plan5,00030,0002,00012,000
Rule 200.18Owner must ensure that oil residue that cannot be discharged into sea in accordance with Rule 200.17 is retained on board installation, offloaded as cargo, or discharged to a reception facility2,00012,000
Rule 200.19(1)Owner of offshore installation must ensure installation is fitted with oil filtering equipment meeting certain requirements5,00030,0002,00012,000
Rule 200.19(2)Offshore installation of 10,000 gross tons or more must have oil filtering equipment (as provided in accordance with Rule 200.19(1)) fitted with alarm and arrangements to ensure discharge of oily mixture is automatically stopped if oil content of effluent exceeds 15 parts per million5,00030,0002,00012,000
Rule 200.20Owner of offshore installation must ensure that installation is fitted with tank(s) to hold oily residues that cannot be dealt with in accordance with this Part, and are designed and constructed to be cleaned and emptied at reception facility5,00030,0002,00012,000
Rule 200.21(1)Owner must provide installation with oil record book in approved form4,00025,0001,0006,000
Rule 200.21(2)Owner must ensure that an entry is made in oil record book of certain operations takingplace on installation4,00025,0001,0006,000
Rule 200.21(3)Owner must ensure that an entry is made in oil record book of certain discharges4,00025,0001,0006,000
Rule 200.21(4)Owner must ensure that a statement is made in oil record book of the circumstances of and reason for discharge or escape of oil or oily mixtures4,00025,0001,0006,000
Rule 200.21(7)Owner must ensure oil record book is kept on board and available for inspection4,00025,0001,0006,000
Rule 200.21(8)Owner must ensure that a true copy of every completed page of installation's oil record book is forwarded to Director within 15 working days of end of month in which completed1,2507,5005003,000
Rule 200.21(9)Owner must preserve oil record book for 3 years after last entry5,00030,0002,00012,000
Rule 200.22(1)Owner of offshore installation must report oil spill2,00012,000
Rule 200.22(2)Owner of controlled offshore installation must report spill of harmful substance2,00012,000
Rule 200.22(3)Person responsible for implementing emergency response plan must report oil spill that he or she considers cannot be contained or cleaned up using resources available2,00012,000
Rule 200.23(1)Owner must ensure accident or defect is reported in accordance with Rule 200.23(2)5,00030,0002,00012,000
Rule 200.24(1)Owner of offshore installation must ensure there is, held in respect of installation, a valid international oil pollution prevention certificate2,50015,0001,0006,000
Rule 200.24(2)Owner must ensure that international oil pollution prevention certificate held in respect of installation is kept on board and available for inspection by Director2,50015,0001,0006,000
Rule 200.25(1)Owner of offshore installation must ensure that installation undergoes initial survey, renewal surveys, annual survey, and intermediate survey5,00030,0002,00012,000
Rule 200.29(1)Owner of offshore installation must ensure that offshore installation's equipment is maintained5,00030,0002,00012,000
Rule 200.29(2)Owner must ensure no change is made to installation's structure, equipment, systems, fittings, arrangements, or material covered by survey, without approval of surveyor (except direct replacement of equipment and fittings)5,00030,0002,0001,200

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 14 December 2006, amend Schedule 1 of the Marine Protection (Offences) Regulations 1998 by inserting references to certain provisions in the following Marine Protection Rules (the rules):

  • Part 130B (Oil transfer site marine oil spill contingency plans):

  • Part 200 (Offshore installations—discharges).

The amendments prescribe the breaches of Part 130B and Part 200 of the rules that are summary offences, the breaches that are infringement offences, and prescribe the fines and infringement fees for those offences.

Part 130B of the rules prescribes requirements for operators of oil transfer sites to develop contingency plans for dealing with oil spills into New Zealand's internal waters, territorial sea, and exclusive economic zone.

Part 200 of the rules seeks to prevent the marine environment from being polluted by substances that are used or produced during mineral exploration and exploitation in offshore installations.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 November 2006.