Maritime Transport (Oil Pollution Levies) Order 2016

Reprint as at 1 July 2019

Coat of Arms of New Zealand

Maritime Transport (Oil Pollution Levies) Order 2016

(LI 2016/276)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 21st day of November 2016

Present:
Her Excellency the Governor-General in Council

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 order is administered by the Ministry of Transport.

This order is made under section 333(1) of the Maritime Transport Act 1994—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister made in accordance with section 333(4) of that Act.

Contents

1Title
2Commencement
3Revocation of clauses 23 to 30 and cross-heading
4Interpretation
4ATransitional, savings, and related provisions
Oil pollution and capability levies
5Purposes of levies
6Oil pollution levies: contributing ships
7Oil pollution levies: contributing oil sites
8Capability levies: contributing ships
9Capability levies: contributing oil sites
10Reduced proportional levy if use arises after 1 July
11GST
12Liability for levies
13When levies payable
Refunds and exceptions
14Refunds on change of use
15Refunds for ships laid up
16Refunds for ships not entering port during year
17Refunds for certain oil sites
18Exception for exit and re-entry due to weather
19Right to deduct other levies from refunds
Varying levies or payments
20Election to pay annual levies
21Levies may be paid by instalment
Revocation
22Revocation
Levies for part year: 1 January 2017 to 30 June 2017
[Revoked]
23Definition [Revoked]
24Oil pollution levies for Period: contributing ships [Revoked]
25Oil pollution levies for Period: contributing oil sites [Revoked]
26Capability levies for Period: contributing ships [Revoked]
27Capability levies for Period: contributing oil sites [Revoked]
28Reduced proportional levy where use arises after 1 January 2017 [Revoked]
29Application of clauses 14 to 17, 20, and 21 in relation to levies under clauses 24 to 28 [Revoked]
30Refund of part of former annual levy [Revoked]
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Rates of levy for contributing ships
Schedule 2
Rates of levy for contributing oil sites
Gazette Information
Reprint notes

Order

1 Title

This order is the Maritime Transport (Oil Pollution Levies) Order 2016.

2 Commencement

This order comes into force on 1 January 2017.

3 Revocation of clauses 23 to 30 and cross-heading

Clauses 23 to 30 and the cross-heading above clause 23 are revoked on the close of 30 June 2017.

4 Interpretation

In this order, unless the context otherwise requires,—

contributing ship has the meaning given to it by section 329 of the Act, but does not include a ship that—

(a)

is 24 metres or less in length; or

(b)

operates exclusively in fresh water

Director means the Director of Maritime New Zealand

domestic, in relation to a ship, means a ship that is a New Zealand ship

foreign, in relation to a ship, means a ship that is not a New Zealand ship

FPSO means an offshore oil installation that is a floating vessel used in the production, storage, and offloading of oil

gross tons means, in relation to a ship, the gross tons of that ship determined or recognised in accordance with the provisions of the Act or any maritime rules but without any reduction on account of segregated ballast tanks

in bulk means, in relation to a ship’s carriage of a cargo of oil, loaded onto or discharged from the ship by a pipeline system

master means a person (except a pilot) having command or charge of a ship

New Zealand fishing vessel has the meaning given to it by section 2(1) of the Fisheries Act 1996

oil tanker means a ship that carries oil in bulk as cargo

out of commission means, in relation to a ship,—

(a)

being incapable of operation as a result of being wrecked, stranded, or disabled while—

(i)

in a New Zealand port; or

(ii)

on the New Zealand coast; or

(iii)

proceeding from one New Zealand port to another; or

(b)

being prohibited from operation by the Director exercising his or her powers under the Act; or

(c)

being prevented from operation by an employment relationship problem (for example, a strike or a lockout)

persistent oil includes crude oil, fuel oil, lubricating oil, and heavy diesel oil

year means the 12-month period beginning on 1 July in any calendar year.

Clause 4 FPSO: amended, on 1 July 2019, by clause 4 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

4A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Clause 4A: inserted, on 1 July 2019, by clause 5 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Oil pollution and capability levies

5 Purposes of levies

(1)

The levies imposed by this order are oil pollution levies intended generally to provide money for the New Zealand Oil Pollution Fund to be applied by it for the purposes set out in section 331(1) of the Act.

(2)

The levies described as capability levies are imposed particularly to support expenditures for the purposes set out in section 331(1)(b) of the Act and, more particularly, to support New Zealand’s oil pollution response capability or oil pollution response systems including capital expenditures to purchase or upgrade oil pollution response equipment.

6 Oil pollution levies: contributing ships

(1)

Oil pollution levies are imposed for each year that begins on or after 1 July 2019 with respect to every contributing ship within 1 or more classes specified in column 1 of Schedule 1.

(2)

Oil pollution levies for a year for a ship that belongs to a class or classes specified in column 1 of Schedule 1 are calculated as set out in column 2 of that schedule in the corresponding row or rows.

(3)

For a domestic ship, an oil pollution levy is a single annual levy for the year.

(4)

For a domestic oil tanker, an oil pollution levy with respect to carrying oil as cargo is to be determined initially on the basis of an estimate of oil to be carried as cargo in the year and to be adjusted at the end of the year to reflect the actual amount carried.

(5)

For a foreign ship, an oil pollution levy is a per entry levy payable on each entry during the year of the ship into a New Zealand port from outside the harbour limits of that port.

Clause 6(1): amended, on 1 July 2019, by clause 6(1)(a) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 6(1): amended, on 1 July 2019, by clause 6(1)(b) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 6(2): amended, on 1 July 2019, by clause 6(2)(a) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 6(2): amended, on 1 July 2019, by clause 6(2)(b) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

7 Oil pollution levies: contributing oil sites

(1)

Oil pollution levies are imposed for each year that begins on or after 1 July 2019 with respect to every contributing oil site in a class specified in column 1 of Schedule 2.

(2)

The oil pollution levy for a year for a contributing oil site in a class specified in column 1 of Schedule 2 is the levy specified for that class of site in column 2 of that schedule.

Clause 7: replaced, on 1 July 2019, by clause 7 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

8 Capability levies: contributing ships

(1)

Capability levies are imposed for each of the years in the period beginning on 1 July 2019 and ending on 30 June 2022 with respect to every contributing ship within 1 or more classes specified in column 1 of Schedule 1.

(2)

Capability levies for a year for a ship that belongs to a class or classes specified in column 1 of Schedule 1 are calculated as set out in column 3 of that schedule in the corresponding row or rows.

(3)

For a domestic ship, a capability levy is a single annual levy for the year.

(4)

For a domestic oil tanker, a capability levy with respect to carrying oil as cargo is to be determined initially on the basis of an estimate of oil to be carried as cargo in the year and to be adjusted at the end of the year to reflect the actual amount carried.

(5)

For a foreign ship, a capability levy is a per entry levy payable on each entry during the year of the ship into a New Zealand port from outside the harbour limits of that port.

Clause 8(1): amended, on 1 July 2019, by clause 8(1)(a) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 8(1): amended, on 1 July 2019, by clause 8(1)(b) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 8(2): amended, on 1 July 2019, by clause 8(2)(a) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Clause 8(2): amended, on 1 July 2019, by clause 8(2)(b) of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

9 Capability levies: contributing oil sites

(1)

Capability levies are imposed for each year in the period beginning on 1 July 2019 and ending on 30 June 2022 with respect to every contributing oil site in a class specified in column 1 of Schedule 2.

(2)

The capability levy for a year for a contributing oil site in a class specified in column 1 of Schedule 2 is the levy specified for that class of site in column 3 of that schedule.

Clause 9: replaced, on 1 July 2019, by clause 9 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

10 Reduced proportional levy if use arises after 1 July

(1)

Despite clauses 6 to 9, a levy imposed under any of those clauses for a year in respect of a domestic ship or a contributing oil site is to be reduced to a proportional amount calculated in accordance with subclause (2) if,—

(a)

in the case of a domestic ship, its first ever entry into a New Zealand port occurred after 1 July in the year; and

(b)

in the case of a contributing oil site, it first commenced operation after 1 July in the year.

(2)

The amount of the reduced proportional levy is to be calculated in accordance with the following formula:

FullLevy × DaysLeftinYear ÷ 365

where—

FullLevy

is the full annual levy otherwise determined under the applicable clause of clauses 6 to 9

DaysLeftinYear

is the number of days remaining in the year from and including, in the case of a domestic ship, the date of the ship’s first ever entry into a New Zealand port and, in the case of a contributing oil site, the date on which it first commenced operation.

11 GST

The amounts payable as levies under this order are exclusive of any goods and services tax.

12 Liability for levies

(1)

The owners and masters of a contributing ship during a period in respect of which a levy is imposed by this order with respect to the ship are jointly and severally liable for the levy.

(2)

The owners of a contributing oil site during the period in respect of which a levy is imposed by this order with respect to the site are jointly and severally liable for the levy.

13 When levies payable

Except as expressly provided otherwise, the due date for payment of any levy imposed under this order is the 20th day of the month after the date on which an invoice for the levy is issued.

Refunds and exceptions

14 Refunds on change of use

(1)

Despite clauses 6, 8, and 10, the Director may, on application, refund an amount calculated in accordance with subclause (2) if—

(a)

a levy imposed under any of those clauses has been paid in respect of a contributing ship for a year; and

(b)

the Director is satisfied that, at the date of the application, the use of the ship has changed so that the ship no longer falls within the class of ship with respect to which the levy was determined.

(2)

The amount of the refund is to be calculated in accordance with the following formula:

LevyPaid × DaysLeft ÷ DaysLevied

where—

LevyPaid

is the amount of the levy paid

DaysLeft

is the number of days remaining in the year from and including the date of the application

DaysLevied

is 365 in the case of a levy determined under clause 6 or 8 and, in the case of a levy determined under clause 10, is the number of days used as the DaysLeftinYear in the calculation under that clause.

15 Refunds for ships laid up

(1)

Despite clauses 6, 8, and 10, the Director may, on application, refund to the applicant an amount calculated in accordance with subclause (2) if a levy imposed for a year under any of those clauses in respect of a contributing ship has been paid and the Director is satisfied that the contributing ship has been out of commission—or laid up for survey or repairs—for a period of at least 30 consecutive days during the year.

(2)

The amount of the refund is to be calculated in accordance with the following formula:

LevyPaid × DaysOut ÷ DaysLevied

where—

LevyPaid

is the amount of the levy paid

DaysOut

is the number of consecutive days during which the contributing ship has been out of commission or laid up

DaysLevied

is 365 in the case of a levy determined under clause 6 or 8 and, in the case of a levy determined under clause 10, is the number of days used as the DaysLeftinYear in the calculation under that clause.

16 Refunds for ships not entering port during year

Despite clauses 6 and 8, the Director may, on application, refund the entirety of a levy imposed for a year under either of those clauses in respect of a contributing ship if the levy has been paid and the Director is satisfied that the contributing ship has not entered a New Zealand port during the year.

17 Refunds for certain oil sites

(1)

Despite clauses 7, 9, and 10, the Director may, on application, refund to the owner of a contributing oil site an amount calculated in accordance with subclause (2) if—

(a)

a levy imposed for a year under any of those clauses in respect of the contributing oil site has been paid; and

(b)

the Director is satisfied that the contributing oil site has not been operating for a period of at least 30 consecutive days during the year.

(2)

The amount of the refund is to be calculated in accordance with the following formula:

LevyPaid × DaysNotOperating ÷ DaysUsedforLevy

where—

LevyPaid

is the amount of the levy paid

DaysNotOperating

is the number of consecutive days during which the contributing oil site has not been operating

DaysUsedforLevy

is 365 in the case of a levy determined under clause 7 or 9 and, in the case of a levy determined under clause 10, is the number of days used as the DaysLeftinYear in the calculation under that clause.

18 Exception for exit and re-entry due to weather

Despite any other provision in this order, if a contributing ship that has entered a New Zealand port is compelled by adverse weather conditions to put to sea, and later re-enters that port in order to complete any discharging or loading of passengers or cargo that was interrupted by its putting to sea, no levy is payable in respect of that re-entry.

19 Right to deduct other levies from refunds

Without affecting any other method of recovery, the Director may deduct from any refund calculated in accordance with this order the amount of any other oil pollution levy or capability levy that is owing and unpaid.

Varying levies or payments

20 Election to pay annual levies

(1)

The owner or master of a foreign ship that does not carry a cargo of more than 2 000 tonnes of oil in bulk may, by written notice to the Director, elect to pay the annual levy that would apply to it if it were a domestic ship instead of the per entry levy that otherwise applies to it as a foreign ship.

(2)

When an election has been made and the annual levy for the year is paid, no levy is payable in respect of any entry by the foreign ship into a New Zealand port during the year.

21 Levies may be paid by instalment

(1)

A person who is liable for 1 or more annual levies under this order may apply to the Director for authority to pay the levy or levies in monthly or quarterly instalments if the total amount of any annual levies payable by the person under this order and under the Maritime Levies Regulations 2016 for the applicable year is $50,000 or more.

(2)

The Director must approve the application if—

(a)

the Director is satisfied that the person will pay the account in monthly or quarterly instalments; and

(b)

the application was made no more than 10 days after the date of issuance of the most recent invoice for a relevant levy under this order or under the Maritime Levies Regulations 2016; and

(c)

an application fee of $112.50 (inclusive of goods and services tax) has been paid.

(3)

For the purposes of subclause (2)(a), the Director may consider the payment history of the person in relation to any levies, fees, or charges previously incurred by the person under the Act or regulations made under the Act.

(4)

Despite subclause (2)(c), only the application fee required under regulation 15(1)(c) of the Maritime Levies Regulations 2016 is payable if applications for authority to pay levies monthly or quarterly, as the case may be, are made concurrently under this clause and under regulation 14 of the Maritime Levies Regulations 2016.

(5)

A person whose application to pay by monthly instalments has been approved must—

(a)

pay the levy or levies for the year in 12 equal amounts; and

(b)

make the first and second payments on or before 20 August of the year; and

(c)

make the remaining 10 payments on the first day of each succeeding month of the year.

(6)

A person whose application to pay by quarterly instalments has been approved must pay the levy or levies for the year in 4 equal payments made on or before 30 September, 31 December, 31 March, and 30 June, respectively, in the year.

Revocation

22 Revocation

The Maritime Transport (Oil Pollution Levies) Order 2013 (SR 2013/154) is revoked.

Levies for part year: 1 January 2017 to 30 June 2017[Revoked]

Heading: revoked, on the close of 30 June 2017, by clause 3.

23 Definition
[Revoked]

Clause 23: revoked, on the close of 30 June 2017, by clause 3.

24 Oil pollution levies for Period: contributing ships
[Revoked]

Clause 24: revoked, on the close of 30 June 2017, by clause 3.

25 Oil pollution levies for Period: contributing oil sites
[Revoked]

Clause 25: revoked, on the close of 30 June 2017, by clause 3.

26 Capability levies for Period: contributing ships
[Revoked]

Clause 26: revoked, on the close of 30 June 2017, by clause 3.

27 Capability levies for Period: contributing oil sites
[Revoked]

Clause 27: revoked, on the close of 30 June 2017, by clause 3.

28 Reduced proportional levy where use arises after 1 January 2017
[Revoked]

Clause 28: revoked, on the close of 30 June 2017, by clause 3.

29 Application of clauses 14 to 17, 20, and 21 in relation to levies under clauses 24 to 28
[Revoked]

Clause 29: revoked, on the close of 30 June 2017, by clause 3.

30 Refund of part of former annual levy
[Revoked]

Clause 30: revoked, on the close of 30 June 2017, by clause 3.

Schedule 1AA Transitional, savings, and related provisions

cl 4A

Schedule 1AA: inserted, on 1 July 2019, by clause 10 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Part 1 Provision relating to Maritime Transport (Oil Pollution Levies) Amendment Order 2019

Schedule 1AA Part 1: inserted, on 1 July 2019, by clause 10 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

1 Previous levies still payable

Despite the amendments made by clauses 6 to 9 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019, this order and sections 333 to 341 of the Maritime Transport Act 1994 continue to apply on and after the commencement of that amending order to levies under any of clauses 6 to 9 of the Maritime Transport (Oil Pollution Levies) Order 2016 that became payable on or before 30 June 2019.

Schedule 1AA clause 1: inserted, on 1 July 2019, by clause 10 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Schedule 1 Rates of levy for contributing ships

cls 6, 8

Schedule 1: replaced, on 1 July 2019, by clause 11 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Column 1Column 2Column 3
Class of shipOil pollution levyCapability levy
Foreign vessels
Ship using bunker fuel0.54 cents x number of gross tons of ship0.30 cents x number of gross tons of ship
Oil tanker, persistent oil as cargo36.14 cents x number of tonnes of persistent oil carried as cargo20.13 cents x number of tonnes of persistent oil carried as cargo
Oil tanker, non-persistent oil as cargo7.60 cents x number of tonnes of non-persistent oil carried as cargo4.23 cents x number of tonnes of non-persistent oil carried as cargo
Domestic vessels
Ship using bunker fuel (other than New Zealand fishing vessel)414.69 cents x number of gross tons of ship230.88 cents x number of gross tons of ship
Oil tanker, persistent oil as cargo29.96 cents x number of tonnes of persistent oil carried as cargo in year16.68 cents x number of tonnes of persistent oil carried as cargo in year
Oil tanker, non-persistent oil as cargo26.76 cents x number of tonnes of non-persistent oil carried as cargo in year14.89 cents x number of tonnes of non-persistent oil carried as cargo in year
New Zealand fishing vessel73.56 cents x number of gross tons of vessel40.95 cents x number of gross tons of vessel

Schedule 2 Rates of levy for contributing oil sites

cls 7, 9

Schedule 2: inserted, on 1 July 2019, by clause 11 of the Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127).

Column 1Column 2Column 3
Class of oil siteOil pollution levyCapability levy
FPSO$858.66$478.07
Oil exploration well$0.00$0.00
Offshore oil installation other than FPSO or oil exploration well$10.73$5.98
Oil pipeline$0.00$0.00

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 November 2016.

Reprints notes
1 General

This is a reprint of the Maritime Transport (Oil Pollution Levies) Order 2016 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Maritime Transport (Oil Pollution Levies) Amendment Order 2019 (LI 2019/127)

Maritime Transport (Oil Pollution Levies) Order 2016 (LI 2016/276): clause 3