defines terms used in the Act; and

provides that the Act binds the Crown; and

provides for the application of the Act to the ships and aircraft of the New Zealand Defence Force and foreign States.

sets out the purpose of the Act; and

provides that the Act continues or enables the implementation of New Zealand’s international obligations relating to the marine environment; and

specifies how the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi is recognised and respected by provisions of the Act.

the Minister’s power to direct the EPA in relation to certain powers, duties, or functions exercised or performed by the EPA; and

the EPA’s power to delegate its decision-making function in relation to applications for marine consents to a committee or a board of inquiry hearing a resource consent application in relation to the same cross-boundary activity.

sets out, in sections 21 and 23, ongoing transitional provisions for activities that are being carried out when the regulations that apply to them are amended or replaced and require a marine consent as a result; and

provides, in section 22, for petroleum activities that, although authorised, have not commenced when new regulations come into force that change the rules for those activities and require a marine consent as a result. An activity may commence if the person planning to undertake the activity first provides an impact assessment to the EPA; and

requires, in section 24, a person undertaking an activity to stop undertaking it once it is no longer authorised.

imposes, in section 25, a duty on every person to avoid, remedy, or mitigate the adverse effects of their activities on the environment and a duty to provide sufficient training, supervision, and resources to their employees (if any) to ensure compliance with the Act; and

clarifies, in section 26, that compliance with the Act does not mean a person need not comply with other legal requirements and vice versa.

applying for marine consents; and

disclosure and notification of applications for marine consents and the making of submissions; and

consideration of applications for marine consents, including the appointment of boards of inquiry for applications relating to publicly notifiable section 20 activities; and

deciding applications for marine consents, including the matters that must be considered by the marine consent authority deciding the application.

the Environment Court to issue enforcement orders under section 115; and

enforcement officers to serve abatement notices under section 125; and

offences and penalties; and

the appointment of enforcement officers under section 138 and their powers.

protection of the Crown and others from liability; and

cost recovery; and

service of documents; and

provision for the incorporation by reference into regulations of written material; and

protection of sensitive information; and

waivers and extension of time limits.

is the subject of an application to which section 38(3) applies

biological diversity:

iwi authority:

region:

tikanga Māori.

any positive or adverse effect; and

any temporary or permanent effect; and

any past, present, or future effect; and

any cumulative effect that arises over time or in combination with other effects; and

any potential effect of high probability; and

any potential effect of low probability that has a high potential impact.

territorial sea:

exclusive economic zone:

continental shelf.

Biosecurity Act 1993:

Continental Shelf Act 1964:

Crown Minerals Act 1991:

Defence Act 1990:

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005:

Fisheries Act 1996:

Hauraki Gulf Marine Park Act 2000:

Kaikōura (Te Tai o Marokura) Marine Management Act 2014:

Marine and Coastal Area (Takutai Moana) Act 2011:

Marine Mammals Protection Act 1978:

Marine Reserves Act 1971:

Maritime Transport Act 1994:

Resource Management Act 1991:

Submarine Cables and Pipelines Protection Act 1996:

Wildlife Act 1953.

publish on its Internet site a notice that—

publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in—

the instrument of the Crown is a Crown organisation; and

the order is made against the Crown organisation in its own name.

the instrument of the Crown is a Crown organisation; and

the offence is alleged to have been committed by the Crown organisation; and

the proceedings are commenced—

making an enforcement order against it; and

enforcing an enforcement order in relation to it.

have an enforcement order made against it; or

be prosecuted for an offence against this Act.

warships of the New Zealand Defence Force:

warships of any other State:

aircraft of the New Zealand Defence Force:

aircraft of the defence forces of any other State:

any ship owned or operated by any State other than New Zealand, if the ship is being used by the State for wholly governmental purposes:

the master and crew of any warship, aircraft, or ship referred to in paragraphs (a) to (e):

defence areas as defined in section 2 of the Defence Act 1990.

subparts 2 (as if those ships were New Zealand ships), 3, and 4 of Part 2:

regulations made under sections 29A and 29C:

subparts 2A to 2E of Part 3A, to the extent that they relate to marine dumping consents and marine discharge consents:

sections 134 to 134M.

to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf; and

in relation to the exclusive economic zone, the continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone, to protect the environment from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter.

sustaining the potential of natural resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

safeguarding the life-supporting capacity of the environment; and

avoiding, remedying, or mitigating any adverse effects of activities on the environment.

take into account decision-making criteria specified in relation to particular decisions; and

apply the information principles to the development of regulations under section 27, 29A, 29B, or 29E and the consideration of applications for marine consent.

the United Nations Convention on the Law of the Sea 1982:

the Convention on Biological Diversity 1992:

the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL):

the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972 (the London Convention).

section 18 (which relates to the function of the Māori Advisory Committee) provides for the Māori Advisory Committee to advise marine consent authorities so that decisions made under this Act may be informed by a Māori perspective; and

section 32 requires the Minister to establish and use a process that gives iwi adequate time and opportunity to comment on the subject matter of proposed regulations; and

sections 33 and 59, respectively, require the Minister and a marine consent authority to take into account the effects of activities on existing interests; and

section 46 requires the Environmental Protection Authority to notify iwi authorities, customary marine title groups, and protected customary rights groups directly of consent applications that may affect them.

to decide applications for marine consents:

to monitor compliance with this Act:

to enforce the requirements of this Act, and of regulations made and consents granted under it:

to approve forms for the purposes of—

to promote public awareness of the requirements of this Act:

to provide advice and administrative and secretarial services to boards of inquiry:

to perform any other function specified in this Act.

a committee appointed under clause 14 of Schedule 5 of the Crown Entities Act 2004; or

a board of inquiry as provided for in section 99(2).

that is relevant to the performance of its functions under this Act; and

in particular, to enable the public and persons undertaking or proposing to undertake activities in the exclusive economic zone or in or on the continental shelf to be better informed of their duties and of the functions, powers, and duties of the EPA and to participate effectively under this Act.

copies of all material incorporated by reference into regulations; and

records of every—

a summary of all written complaints received in the preceding 5 years (or if the Act has been in force for less than 5 years then for the period that the Act has been in force) concerning alleged breaches of the Act, regulations, or the conditions of a marine consent, and information explaining how the EPA dealt with each complaint.

to the Environmental Protection Authority in accordance with sections 19 and 20 of the Environmental Protection Authority Act 2011:

to a marine consent authority, if its advice is sought under section 56(1)(b).

the construction, placement, alteration, extension, removal, or demolition of a structure on or under the seabed:

the construction, placement, alteration, extension, removal, or demolition of a submarine pipeline on or under the seabed:

the abandonment of a submarine pipeline that is on or under the seabed:

the placement, alteration, extension, or removal of a submarine cable on or from the seabed:

the removal of non-living natural material from the seabed or subsoil:

the disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on the seabed or subsoil:

the deposit of any thing or organism in, on, or under the seabed:

the destruction, damage, or disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on marine species or their habitat.

the construction, mooring or anchoring long-term, placement, alteration, extension, removal, or demolition of a structure, part of a structure, or a ship used in connection with a structure:

the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have an adverse effect on marine life:

the causing of an explosion.

the discharge of harmful substances; or

the dumping of waste or other matter; or

lawful fishing for wild fish under the Fisheries Act 1996.

discharges into the exclusive economic zone and into or onto the seabed below it from—

discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—

the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:

the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:

the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea.

a New Zealand structure; or

a structure (other than a New Zealand structure) involved in a mining activity; or

a submarine pipeline.

into the sea of the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or

into or onto the continental shelf.

prohibits—

regulates—

into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or

into or onto the continental shelf.

into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or

into or onto the continental shelf.

radioactive waste or other radioactive matter:

toxic or hazardous waste:

human remains.

into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or

into or onto the continental shelf.

regulations allow the dumping to be authorised by a marine consent and the dumping is authorised by a marine consent; or

the dumping is authorised by an emergency dumping consent and complies with any regulations for emergency dumping made under section 29B; or

the dumping is in accordance with section 248 or 249 of the Maritime Transport Act 1994.

into the waters of the exclusive economic zone:

into waters beyond the outer limits of the exclusive economic zone but over the continental shelf.

an emergency exists; and

the emergency poses an unacceptable risk to human health, safety, or the marine environment; and

the dumping of the waste or other matter is necessary to remove or reduce the risk; and

there is no feasible alternative to the dumping of the waste or other matter.

consult Maritime New Zealand and the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and

notify the International Maritime Organization that it has received an application for an emergency dumping consent.

monitor, and report to the EPA on, the exercise of the permit and the effects of the dumping on the environment and human health and safety:

keep and maintain records of the waste or other matter dumped and the location of the dumping:

provide the EPA with any specified information that relates to the permit or its exercise.

any procedures for dumping recommended by the International Maritime Organization:

any procedures for dumping specified in the consent.

the disposal complies with regulations made under this Act; and

the Environmental Protection Authority certifies, in writing, that the proposed disposal complies with the regulations.

the activity is classified as a permitted activity by regulations; and

new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and

the activity is lawfully established before the new regulations come into force; and

the effects of the activity on the environment and existing interests are of the same or similar character, intensity, and scale as the effects that existed before the coming into force of the new regulations; and

the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a).

the application is decided under section 62 and any appeals are determined; or

the application is returned as incomplete by the EPA under section 43 and any objections and appeals are determined.

the activity is classified as a permitted activity by regulations; and

new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and

the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a).

prepare an impact assessment for the activity; and

provide the impact assessment to the EPA.

is decided under section 62 and any appeals are determined; or

is returned as incomplete by the EPA under section 43 and any objections and appeals are determined.

the exploration, prospecting, or mining for petroleum with which the activity is involved is authorised by a permit that is granted under section 25 of the Crown Minerals Act 1991 or authorised by an existing privilege preserved under clause 12 of Schedule 1 of that Act; and

the activity had not commenced.

the activity is classified as a permitted activity by regulations, or was authorised by a marine consent in accordance with the regulations; and

new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and

the activity becomes a prohibited activity as a result of the amendment or replacement of the regulations described in paragraph (a); and

the activity is lawfully established before the new regulations come into force.

for the duration of the consent, if the activity is authorised by a marine consent; or

for a period prescribed by regulations, if the activity is not authorised by a consent.

stop the activity; and

in stopping the activity, comply with any regulations or consent conditions that apply to the stopping of the activity; and

comply with any instructions of the Environmental Protection Authority that relate to stopping the activity.

a general duty to avoid, remedy, or mitigate the adverse effects of the activity on the environment; and

a duty to provide—

compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, and rules of law; and

compliance with any Act, regulations, or rule of law does not remove the need to comply with this Act.

activities described in section 20 that are carried out in the exclusive economic zone or in or on the continental shelf:

the effects of the activities referred to in paragraph (a), including effects that occur in the territorial sea or in the sea above and beyond the continental shelf:

assessing the state of the environment of the exclusive economic zone and the continental shelf.

qualitative or quantitative standards:

methods for classifying a natural resource:

requirements in relation to methods, processes, or technology to implement standards:

transitional provisions, including provisions that—

are important or especially vulnerable because of their biophysical characteristics; or

are important for specific uses; or

must be managed in co-ordination with other marine management regimes; or

are, or are likely to be, the subject of competition or conflict arising from the incompatibility of different activities; or

are experiencing, or likely to experience, cumulative adverse environmental effects.

prohibit an activity; or

allow an activity without a marine consent or describe the activity as permitted; or

allow an activity with a marine consent or describe the activity as discretionary; or

require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a regulation; or

require a person undertaking a specified permitted activity to give specified information about the activity to the Environmental Protection Authority.

terms and conditions that apply to the activity (including conditions described in section 63):

the matters that must be addressed by terms and conditions imposed on the marine consent by the Environmental Protection Authority.

the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and

it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.

prescribe requirements, methods, or technical standards for the discharge of harmful substances, the dumping of waste or other matter, and the effects of the discharge or dumping:

in relation to a harmful substance,—

in relation to the dumping of specified waste or other matter (other than emergency dumping),—

prescribe a substance to be a harmful substance:

in relation to an offshore installation, regulate—

prescribe requirements and procedures for the discharge of water produced from geologic formations by a mining activity:

prescribe waste or other matter to be toxic or hazardous waste:

specify the matters an applicant for a marine dumping consent must include in the impact assessment for the activity, in addition to the matters required by section 39:

specify sites at which burial at sea may be approved:

specify criteria to be considered in deciding an application for a marine dumping consent or an application to change or cancel a condition of a marine dumping consent.

the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and

it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.

implement New Zealand’s international obligations relating to the exclusive economic zone, continental shelf, or the sea above the continental shelf beyond the outer limits of the exclusive economic zone:

enable New Zealand to become a party to an international convention, protocol, or agreement relating to the protection of the marine environment:

implement international practices and standards relating to the protection of the marine environment recommended by the International Maritime Organization.

the activity has a low probability of significant adverse effects on the environment or existing interests; and

the activity is—

information that must be included in a decommissioning plan under section 100A(2):

the process for dealing with a decommissioning plan under section 100B(1)(a):

the criteria against which a decommissioning plan must be assessed under section 100B(1)(b).

requiring the holder of a marine consent to gather information and keep records relating to the exercise of the consent and to supply information to the Environmental Protection Authority:

prescribing forms:

prescribing the amounts of charges payable or the method by which they are to be assessed or calculated, and the persons liable to pay the charges:

providing for any other matters contemplated by this Act and necessary for its administration or necessary for giving it full effect.

all or any part of the exclusive economic zone, the continental shelf, and the sea above the continental shelf beyond the outer limits of the exclusive economic zone; and

any or all of the activities described in subpart 2 of Part 2.

notify the public, iwi authorities, regional councils, and persons whose existing interests are likely to be affected of—

establish a process that the Minister considers gives the public, iwi authorities, and persons whose existing interests are likely to be affected adequate time and opportunity to comment on the subject matter of the proposed regulations.

any effects on the environment or existing interests of allowing an activity with or without a marine consent, including—

the effects on the environment or existing interests of other activities undertaken in the exclusive economic zone or in or on the continental shelf, including—

the effects on human health that may arise from effects on the environment; and

the importance of protecting the biological diversity and integrity of marine species, ecosystems, and processes; and

the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species; and

New Zealand’s international obligations; and

the economic benefit to New Zealand of an activity; and

the efficient use and development of natural resources; and

the nature and effect of other marine management regimes; and

best practice in relation to an industry or activity; and

in relation to whether an activity is classified as permitted, discretionary, non-notified, or publicly notifiable, the desirability of allowing the public to be heard in relation to the activity or type of activity; and

any other relevant matter.

make full use of the information and other resources available to him or her; and

base decisions on the best available information; and

take into account any uncertainty or inadequacy in the information available.

the matters described in section 33(3), except paragraphs (c), (g), (h), and (j); and

the effects of the discharge or dumping on human health if the discharge or dumping takes place; and

in relation to the dumping of waste or other matter,—

describe the activity as discretionary; or

allow the activity with a marine consent; or

do not classify the activity as permitted, discretionary, or prohibited.

the actual or potential effects of the use, development, or protection of natural resources: