Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015

2015/227

Coat of Arms of New Zealand

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 28th day of September 2015

Present:
The Hon Bill English presiding in Council

Pursuant to section 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

This order is the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015.

2 Commencement of rest of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013

Sections 4(1) and (3) to (5), 5(2) to (6), 6 to 12, 13(2) to (4), 14, 16, 17, 19 to 24, 33, 39 to 42, 44, and 47 (including the amendments set out in Schedule 1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 come into force on 31 October 2015.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings into force, on 31 October 2015, the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (the 2013 Amendment Act) that were not brought into force by the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2014. That order brought sections 4(2), 5(1), 13(1), 15, 18, 25 to 32, 34 to 38, 43, 45, and 46 of the 2013 Amendment Act (including the new schedule set out in Schedule 2) into force on 28 February 2014. The 2013 Amendment Act amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the principal Act).

The provisions brought into force by this order are—

  • the rest of section 4, which amends section 3 of the principal Act (outline of Act):

  • the rest of section 5, which amends section 4 of the principal Act (interpretation):

  • section 6, which amends section 9 of the principal Act (application to ships and aircraft of New Zealand Defence Force and foreign States):

  • section 7, which amends section 10 of the principal Act (purpose):

  • section 8, which amends section 11 of the principal Act (international obligations):

  • section 9, which amends section 13 of the principal Act (functions of Environmental Protection Authority (EPA)):

  • section 10, which amends section 16 of the principal Act (restriction on EPA’s power to delegate):

  • section 11, which replaces Part 2 of the principal Act (duties, restrictions, and prohibitions) with new Part 2 (sections 20 to 26):

  • section 12, which amends a cross-heading in the principal Act:

  • the rest of section 13, which amends section 27 of the principal Act (regulations prescribing standards, methods, or requirements):

  • section 14, which amends section 28 of the principal Act (regulations classifying areas of exclusive economic zone or continental shelf):

  • section 16, which amends section 31 of the principal Act (application of regulations):

  • section 17, which amends section 32 of the principal Act (process for developing or amending regulations):

  • section 19, which amends section 34 of the principal Act (information principles):

  • section 20, which inserts into the principal Act new section 34A (matters to be considered for regulations relating to discharges and dumping):

  • section 21, which amends section 36 of the principal Act (discretionary activities):

  • section 22, which amends section 37 of the principal Act (prohibited activities):

  • section 23, which inserts into the principal Act new section 37A (application of subpart 2 of Part 2):

  • section 24, which amends section 38 of the principal Act (application for marine consent):

  • section 33, which inserts into the principal Act new subpart 2A of Part 3 (marine discharge consents and marine dumping consents):

  • section 39, which replaces sections 132 to 134 of the principal Act with new sections 132 to 134M (offences and defences):

  • section 40, which amends section 136 of the principal Act (commencement of offence proceedings):

  • section 41, which inserts into the principal Act new section 136A (commencement of proceedings against natural person):

  • section 42, which amends section 143 of the principal Act (principles of cost recovery):

  • section 44, which inserts into the principal Act new sections 164A to 164C (transitional provisions relating to discharges and dumping):

  • section 47 (including the amendments set out in Schedule 1), which consequentially amends maritime transport legislation.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 October 2015.

This order is administered by the Ministry for the Environment.