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

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Public Act 2013 No 85 Date of assent 22 October 2013 Commencement see section 2 Contents Page 1 Title 6 2 Commencement 6 3 Principal Act 6 4 Section 3 amended (Outline of Act) 6 5 Section 4 amended (Interpretation) 7 6 Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States) 10 7 Section 10 amended (Purpose) 10 8 Section 11 amended (International obligations) 10 9 Section 13 amended (Functions of Environmental Protection Authority) 10 10 Section 16 amended (Restriction on Environmental Protection Authority’s power to delegate) 11 11 Part 2 replaced 11 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 Act is administered by the Ministry for the Environment. Reprint as at 31 October 2015 1 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998524 Part 2 Duties, restrictions, and prohibitions Subpart 1—Restrictions on activities other than discharges and dumping 20 Restriction on activities other than discharges and dumping 11 Subpart 2—Restrictions and prohibitions on discharges and dumping Discharge of harmful substances 20A Regulation under this subpart and Maritime Transport Act 1994 of discharges 12 20B Restriction on discharges of harmful substances from structures and submarine pipelines 13 20C Restriction on mining discharges from ships 13 Dumping of waste or other matter 20D Regulation under this subpart and Maritime Transport Act 1994 of dumping 13 20E Prohibition on dumping radioactive waste or other radioactive matter 14 20F Prohibition on dumping toxic or hazardous waste 14 20G Restriction on dumping waste or other matter 14 20H Emergency dumping 15 20I Prohibition on incinerating waste or other matter at sea 16 Burial at sea 20J Burial at sea 16 Subpart 3—Existing activities and planned petroleum activities 21 Certain existing activities may continue 16 22 Planned petroleum activities may commence 17 23 Certain existing activities that become prohibited may continue 18 Unauthorised activities 24 Unauthorised activities must stop 19 Subpart 4—General matters 25 Duty of persons operating in exclusive economic zone or on continental shelf 19 26 Relationship with other legal requirements 20 12 Cross-heading above section 27 amended 20 13 Section 27 amended (Regulations prescribing standards, methods, or requirements) 20 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 2 14 Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf) 20 15 New sections 29A to 29D and cross-headings inserted 20 Regulation of discharges and dumping 29A Regulations for discharges and dumping 20 29B Regulations for emergency dumping 22 29C Regulations implementing international obligations 22 Non-notified activities 29D Non-notified activities 22 16 Section 31 amended (Application of regulations) 23 17 Section 32 amended (Process for developing or amending regulations) 23 18 Section 33 amended (Matters to be considered for regulations) 23 19 Section 34 amended (Information principles) 23 20 New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping) 23 34A Matters to be considered for regulations relating to discharges and dumping 23 21 Section 36 amended (Discretionary activities) 24 22 Section 37 amended (Prohibited activities) 24 23 New section 37A inserted (Application of this subpart) 24 37A Application of this subpart 24 24 Section 38 amended (Application for marine consent) 24 25 New section 42A inserted (Joint processing and decision-making on related applications) 24 42A Joint processing and decision making on related applications 24 26 Section 44 amended (Environmental Protection Authority may obtain advice) 25 27 New sections 44A to 44C and cross-headings inserted 25 Disclosure and hearings of applications for marine consents for non-notified activities 44A Copy of consent applications for non-notified activities 25 44B Hearings in respect of consent applications for non notified applications 25 Public notification and hearings of applications for marine consents for publicly notifiable activities 44C Application of sections 45 to 58 26 28 Section 68 amended (Time limits for Environmental Protection Authority’s decision) 26 29 Section 76 amended (Environmental Protection Authority may review duration and conditions) 26 Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 3 30 Section 78 amended (Notice of review to consent holder and public notice) 26 31 New section 78A inserted (Copy of notice of review of non notified activity) 26 78A Copy of notice of review of non-notified activity 26 32 Section 79 amended (Further information, advice, submissions, and hearing) 27 33 New subpart 2A of Part 3 inserted 27 Subpart 2A—Marine discharge consents and marine dumping consents 87A Application 27 87B Application for marine discharge consent or marine dumping consent 27 87C Process before Environmental Protection Authority makes decision 27 87D Environmental Protection Authority’s consideration of application 27 87E Information principles relating to discharges and dumping 28 87F Decision on application for marine discharge consent or marine dumping consent 28 87G Conditions and decision-making process 29 87H Duration of marine discharge consents and marine dumping consents 29 87I Exercise of consents, transfer, review, and minor changes 29 87J Change or cancellation of marine dumping consent or marine discharge consent on application by consent holder 30 34 Section 93 amended (Environmental Protection Authority may require joint application) 30 35 Section 94 amended (Decision to separate joint application for consent) 30 36 Section 96 amended (Environmental Protection Authority to administer process) 30 37 Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry) 31 38 Section 105 amended (Appeals on question of law) 31 39 Sections 132 to 134 and cross-heading above section 132 replaced 31 Offences and defences in relation to activities regulated under section 20 132 Offences in relation to activities regulated under section 20 32 133 Strict liability and defences 33 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 4 Offences and defences in relation to discharge or escape of harmful substances 134 Offences in relation to discharge of harmful substances 33 134A Defence 34 Offences and defences in relation to dumping 134B Offences in relation to dumping of radioactive waste or other radioactive matter 34 134C Offences in relation to dumping of toxic or hazardous waste 34 134D Offences in relation to dumping and incineration of waste and other matter 35 134E Defence in relation to dumping of waste or other matter 35 Other offences 134F Offence in relation to enforcement order, abatement notice, section 24, or section 167 36 134G Other offences 36 Penalties 134H Penalties 37 134I Additional penalties for discharge and dumping offences 37 134J Penalties for section 134G offences 37 134K Court orders 37 134L Additional penalty for offence involving commercial gain 38 134M Application of fines for discharge and dumping offences 38 40 Section 136 amended (Commencement of offence proceedings) 38 41 New section 136A inserted (Commencement of proceedings against natural person) 38 136A Commencement of proceedings against natural person 38 42 Section 143 amended (Principles of cost recovery) 39 43 New sections 158A and 158B inserted 39 158A EPA and Maritime New Zealand to share information 39 158B EPA may provide information to other regulatory agencies for purposes of this Act 39 44 New sections 164A and 164C and cross-heading inserted 40 Transitional provisions relating to discharges and dumping 164A Dumping permits issued under Maritime Transport Act 1994 40 164B Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents 40 164C Completion of certain matters pending at commencement of sections 164A and 164B 42 Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 5 45 New section 167A and cross-heading inserted 42 Transitional and savings provision relating to regulations 167A Transitional and savings provision relating to regulations 42 46 New Schedule inserted 42 47 Consequential amendments to maritime transport legislation 42 Schedule 1 Amendments to maritime transport legislation consequential on amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 43 Schedule 2 New Schedule inserted 57 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Exclusive Economic Zone and Continental Shelf (Environmen tal Effects) Amendment Act 2013. 2 Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provi sions into force on different dates. Section 2: Sections 4(2), 5(1), 13(1), 15, 18, 25–32, 34–38, 43, 45, and 46 brought into force, on 28 February 2014, by the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2014 (LI 2014/42). Section 2: 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) brought into force, on 31 October 2015, by the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015 (LI 2015/227). 3 Principal Act This Act amends the Exclusive Economic Zone and Continental Shelf (Envir onmental Effects) Act 2012 (the principal Act). 4 Section 3 amended (Outline of Act) (1) Replace section 3(5) with: (5) Subpart 1 sets out restrictions imposed by this Act on activities other than dis charges and dumping. (5A) Subpart 2 sets out restrictions and prohibitions on the discharge of harmful sub stances and the dumping of waste and other matter. (5B) Subpart 3— s 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 6 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5933800 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5933800 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6593477 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6593477 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955410 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955410 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955435 (a) sets out, in sections 21 and 23, ongoing transitional provisions for activ ities 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 (b) provides, in section 22, for petroleum activities that, although author ised, have not commenced when new regulations come into force that change the rules for those activities and require a marine consent as a re sult. An activity may commence if the person planning to undertake the activity first provides an impact assessment to the EPA; and (c) requires, in section 24, a person undertaking an activity to stop undertak ing it once it is no longer authorised. (5C) Subpart 4— (a) imposes, in section 25, a duty on every person to avoid, remedy, or miti gate the adverse effects of their activities on the environment and a duty to provide sufficient training, supervision, and resources to their employ ees (if any) to ensure compliance with the Act; and (b) clarifies, in section 26, that compliance with the Act does not mean a person need not comply with other legal requirements and vice versa. (2) In section 3(8), after “standard process for applying for a marine consent”, in sert “for a non-notified activity, the standard process for applying for a marine consent for a publicly notifiable activity,”. (3) After section 3(8), insert: (8A) Subpart 3 adapts the standard process for obtaining a marine consent for mar ine discharge consents and marine dumping consents. (4) In section 3(11)(c), delete “under sections 132 and 133”. (5) In section 3(14), replace “Acts” with “Acts, regulations, and marine protection rules”. 5 Section 4 amended (Interpretation) (1) In section 4(1), insert in their appropriate alphabetical order: customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 discharge— (a) includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but (b) does not include dumping dumping— (a) means,— (i) in relation to waste or other matter, its deliberate disposal or stor age; and Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 5 7 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955435 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955435 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955435 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955435 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 (ii) in relation to a ship, an aircraft, or a structure, its deliberate dis posal or abandonment; but (b) does not include— (i) the disposal into the sea of waste or other matter from a ship, an aircraft, or a structure, or the equipment of a ship, an aircraft, or a structure, if the disposal is incidental to, or derived from, the nor mal operation of the ship, aircraft, structure, or equipment; or (ii) the disposal or storage of waste or other matter directly arising from, or related to, a mining activity emergency dumping consent means a marine consent granted under section 20H harmful substance means any substance specified as a harmful substance by regulations made under this Act incinerate at sea— (a) means to deliberately dispose of waste or other matter by thermal de struction on board a ship or a structure at sea; but (b) does not include incinerating on board a ship or structure at sea waste or other matter that has been generated during the normal operation of a ship or a structure while at sea marine discharge consent means a marine consent granted under section 87F to discharge harmful substances marine dumping consent means a marine consent granted under section 87F to dump waste or other matter mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991 mining activity means an activity carried out for, or in connection with,— (a) the identification of areas of the seabed likely to contain mineral depos its; or (b) the identification of mineral deposits; or (c) the taking or extraction of minerals from the sea or seabed, and associ ated processing of those minerals mining discharge, in relation to a harmful substance, means a discharge made as an integral part of, or as a direct result of, a mining activity New Zealand ship— (a) means a ship that is registered under the Ship Registration Act 1992; and (b) includes a ship that is not registered under that Act but that is required or entitled to be registered under that Act New Zealand structure means a structure that is owned by— (a) a New Zealand citizen; or s 5 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 8 (b) a person ordinarily resident in New Zealand; or (c) a company registered under the Companies Act 1993 non-notified activity means a discretionary activity that— (a) is described in regulations as non-notified; or (b) is an activity for which regulations provide that an application for a mar ine consent is not to be publicly notified offshore installation— (a) includes an artificial structure used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but (b) does not include a ship or a pipeline protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 publicly notifiable activity means a discretionary activity other than emergen cy dumping or a non-notified activity radioactive waste or other radioactive matter means any waste or other matter that contains any radioactive material within the meaning of the Radi ation Protection Act 1965 ship has the meaning given in section 2(1) of the Maritime Transport Act 1994 toxic or hazardous waste means any waste or other matter specified as toxic or hazardous waste by regulations made under this Act working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, An zac Day, the Sovereign’s birthday, and Labour Day; and (b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol lowing Monday; and (c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year. (2) In section 4(1), replace the definition of activity with: activity,— (a) in relation to the exclusive economic zone and continental shelf, means an activity described in section 20 or subpart 2 of Part 2; and (b) in relation to the sea above the continental shelf beyond the outer limits of the exclusive economic zone, means an activity described in subpart 2 of Part 2 (3) In section 4(1), definition of applicant, after “section 38”, insert “or 87B”. (4) In section 4(1), replace the definition of marine consent or consent with: marine consent or consent means— Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 5 9 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 (a) a marine consent granted under section 62; or (b) an emergency dumping consent, a marine discharge consent, or a marine dumping consent (5) In section 4(1), definition of structure, replace paragraph (b) with: (b) includes an offshore installation, an artificial island, or a floating plat form; but (6) In section 4(1), replace the definition of waste or other matter with: waste or other matter means material and substances of any kind, form, or description 6 Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States) After section 9(1), insert: (1A) However, the following provisions of this Act do apply to warships and other ships of the New Zealand Defence Force: (a) subparts 2 (as if those ships were New Zealand ships), 3, and 4 of Part 2: (b) regulations made under sections 29A and 29C: (c) subpart 2A of Part 3: (d) sections 134 to 134M. 7 Section 10 amended (Purpose) Replace section 10(1) with: (1) The purpose of this Act is— (a) to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf; and (b) in relation to the exclusive economic zone, the continental shelf, and the waters above the continental shelf beyond the outer limits of the exclu sive economic zone, to protect the environment from pollution by regu lating or prohibiting the discharge of harmful substances and the dump ing or incineration of waste or other matter. 8 Section 11 amended (International obligations) In section 11, after paragraph (b), insert: (c) the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL): (d) the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972 (the London Convention). 9 Section 13 amended (Functions of Environmental Protection Authority) In section 13(1)(d)(i), replace “subparts 2 and 3” with “subparts 2, 2A, and 3”. s 6 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 10 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3955436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956144 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4670826 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4670827 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956161 10 Section 16 amended (Restriction on Environmental Protection Authority’s power to delegate) In section 16, replace “or make a decision on a review of a consent under sec tion 62, 81, or 82 (as appropriate),” with “under section 62 or to make a deci sion under section 81 or 82 on a review of a consent granted under section 62,”. 11 Part 2 replaced Replace Part 2 with: Part 2 Duties, restrictions, and prohibitions Subpart 1—Restrictions on activities other than discharges and dumping 20 Restriction on activities other than discharges and dumping (1) No person may undertake an activity described in subsection (2) in the exclu sive economic zone or in or on the continental shelf unless the activity is a per mitted activity or authorised by a marine consent or section 21, 22, or 23. (2) The activities referred to in subsection (1) are— (a) the construction, placement, alteration, extension, removal, or demoli tion of a structure on or under the seabed: (b) the construction, placement, alteration, extension, removal, or demoli tion of a submarine pipeline on or under the seabed: (c) the placement, alteration, extension, or removal of a submarine cable on or from the seabed: (d) the removal of non-living natural material from the seabed or subsoil: (e) the disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on the seabed or subsoil: (f) the deposit of any thing or organism in, on, or under the seabed: (g) 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. (3) No person may undertake an activity described in subsection (4) in the sea of the exclusive economic zone unless the activity is a permitted activity or au thorised by a marine consent or section 21, 22, or 23. (4) The activities referred to in subsection (3) are— (a) 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: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 11 11 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956164 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464009 (b) 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: (c) the causing of an explosion. (5) However, this section does not apply to— (a) the discharge of harmful substances; or (b) the dumping of waste or other matter; or (c) lawful fishing for wild fish under the Fisheries Act 1996. Subpart 2—Restrictions and prohibitions on discharges and dumping Discharge of harmful substances 20A Regulation under this subpart and Maritime Transport Act 1994 of discharges (1) This section describes how the discharge of harmful substances is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act. (2) In relation to the discharge of harmful substances, this subpart regulates— (a) discharges into the exclusive economic zone and into or onto the seabed below it from— (i) structures: (ii) submarine pipelines: (iii) ships, if the discharge is a mining discharge: (b) discharges into or onto the continental shelf beyond the exclusive eco nomic zone or into the sea above that part of the continental shelf from— (i) New Zealand structures: (ii) structures (other than New Zealand structures) involved in a min ing activity: (iii) submarine pipelines: (iv) ships, if the discharge is a mining discharge. (3) The Maritime Transport Act 1994 regulates— (a) the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone: (b) 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 for eign ship involved in a mining activity: s 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 12 (c) the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea. 20B Restriction on discharges of harmful substances from structures and submarine pipelines (1) No person may discharge a harmful substance from a structure or from a sub marine pipeline into the sea or into or onto the seabed of the exclusive econom ic zone. (2) No person may discharge a harmful substance into or onto the continental shelf beyond the outer limits of the exclusive economic zone or into the sea above that part of the continental shelf from— (a) a New Zealand structure; or (b) a structure (other than a New Zealand structure) involved in a mining ac tivity; or (c) a submarine pipeline. (3) However, a person may discharge a harmful substance if the discharge is a per mitted activity or authorised by a marine consent or section 21, 22, or 23. 20C Restriction on mining discharges from ships (1) No person may discharge a harmful substance (if the discharge is a mining dis charge) from a ship— (a) into the sea of the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or (b) into or onto the continental shelf. (2) However, a person may discharge the harmful substance in the circumstance described in subsection (1) if the discharge is a permitted activity or authorised by a marine consent or section 21, 22, or 23. Dumping of waste or other matter 20D Regulation under this subpart and Maritime Transport Act 1994 of dumping (1) This section describes how the dumping of waste or other matter is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act. (2) In relation to the exclusive economic zone and the continental shelf, this sub part— (a) prohibits— (i) the dumping of radioactive waste or other radioactive matter: (ii) the dumping of toxic or hazardous waste: (iii) the incineration of waste or other matter at sea; and Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 11 13 (b) regulates— (i) the disposal of human remains other than ashes: (ii) the dumping of waste or other matter (other than waste or other matter described in paragraph (a)). (3) The Maritime Transport Act 1994 regulates the dumping of waste or other matter into the waters beyond the continental shelf. 20E Prohibition on dumping radioactive waste or other radioactive matter No person may dump radioactive waste or other radioactive matter— (a) into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or (b) into or onto the continental shelf. 20F Prohibition on dumping toxic or hazardous waste No person may dump toxic or hazardous waste— (a) into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or (b) into or onto the continental shelf. 20G Restriction on dumping waste or other matter (1) This section applies to waste or other matter other than— (a) radioactive waste or other radioactive matter: (b) toxic or hazardous waste: (c) human remains. (2) No person may dump waste or other matter (including ships, aircraft, or struc tures)— (a) into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or (b) into or onto the continental shelf. (3) However, a person may dump waste or other matter (including ships, aircraft, or structures) if— (a) regulations allow the dumping to be authorised by a marine consent and the dumping is authorised by a marine consent; or (b) the dumping is authorised by an emergency dumping consent and com plies with any regulations for emergency dumping made under section 29B; or (c) the dumping is in accordance with section 248 or 249 of the Maritime Transport Act 1994. s 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 14 20H Emergency dumping (1) Any person may apply to the Environmental Protection Authority for an emer gency dumping consent to dump waste or other matter in an emergency— (a) into the waters of the exclusive economic zone: (b) into waters beyond the outer limits of the exclusive economic zone but over the continental shelf. (2) The EPA may issue an emergency dumping consent, in accordance with this section and regulations under section 29B, if it is satisfied that— (a) an emergency exists; and (b) the emergency poses an unacceptable risk to human health, safety, or the marine environment; and (c) the dumping of the waste or other matter is necessary to remove or re duce the risk; and (d) there is no feasible alternative to the dumping of the waste or other matter. (3) Before the EPA grants an emergency dumping consent, it must— (a) 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 (b) notify the International Maritime Organization that it has received an ap plication for an emergency dumping consent. (4) The EPA may grant an emergency dumping consent subject to conditions. (5) The EPA may impose any conditions that it considers appropriate to deal with the effects of the dumping of waste or other matter on the environment or on human health or safety, including conditions that require the person issued with the consent to— (a) monitor, and report to the EPA on, the exercise of the permit and the ef fects of the dumping on the environment and human health and safety: (b) keep and maintain records of the waste or other matter dumped and the location of the dumping: (c) provide the EPA with any specified information that relates to the permit or its exercise. (6) The EPA may impose as a condition a requirement that the person granted the emergency dumping consent complies with— (a) any procedures for dumping recommended by the International Maritime Organization: (b) any procedures for dumping specified in the consent. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 11 15 (7) Before imposing a condition under subsection (6), the EPA must consider whether the condition is feasible in the circumstances after taking into account the urgency of the situation. (8) The EPA must make its decision on an application for an emergency dumping consent as soon as is reasonably practicable after the EPA is satisfied that the application is complete. (9) The EPA must notify the International Maritime Organization of every decision it makes under subsection (8) to grant or refuse an application for an emergen cy dumping consent. 20I Prohibition on incinerating waste or other matter at sea (1) No person may incinerate waste or other matter in the exclusive economic zone. (2) No person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure in the sea above the continental shelf beyond the outer limits of the exclusive economic zone. (3) However, a person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure if the waste or other matter was generated during the normal operation of the ship or structure. Burial at sea 20J Burial at sea (1) No person may dispose of human remains in the exclusive economic zone, or into or onto the continental shelf, unless— (a) the disposal complies with regulations made under this Act; and (b) the Environmental Protection Authority certifies, in writing, that the pro posed disposal complies with the regulations. (2) However, subsection (1) does not apply to human remains that are ashes result ing from the cremation of human remains. Subpart 3—Existing activities and planned petroleum activities 21 Certain existing activities may continue (1) This section applies to an existing activity if— (a) the activity is classified as a permitted activity by regulations; and (b) new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and (c) the activity is lawfully established before the new regulations come into force; and s 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 16 (d) 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 exis ted before the coming into force of the new regulations; and (e) the activity requires a marine consent as a result of the amendment or re placement of the regulations described in paragraph (a). (2) The activity may continue without a marine consent for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force. (3) If the activity is one that is described in section 20 and the person undertaking the activity applies for a marine consent within the period described in subsec tion (2), the activity may continue after the period has expired until— (a) the application is decided under section 62 and any appeals are deter mined; or (b) the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined. (4) If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsec tion (2), the activity may continue after the period has expired until— (a) the application is decided under section 87F and any appeals are deter mined; or (b) the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined. (5) If the application for a marine consent described in subsection (3) or (4) is re turned by the EPA under section 41, subsection (3) or (4) (as the case requires) applies to any new application that replaces the returned application. 22 Planned petroleum activities may commence (1) This section applies to a planned petroleum activity if— (a) the activity is classified as a permitted activity by regulations; and (b) new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and (c) the activity requires a marine consent as a result of the amendment or re placement of the regulations described in paragraph (a). (2) The activity may commence without a marine consent after the new regulations come into force. (3) However, before the activity may commence, the person intending to undertake the activity must— (a) prepare an impact assessment for the activity; and (b) provide the impact assessment to the EPA. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 11 17 (4) Section 41 applies to the impact assessment as if it were an application for a marine consent. (5) If the person intending to undertake the activity complies with subsection (3), the activity may continue for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force. (6) If the person undertaking the activity applies for a marine consent within the period described in subsection (5), the activity may continue after the period has expired until the application— (a) is decided under section 62 and any appeals are determined; or (b) is returned as incomplete by the EPA under section 41 and any objec tions and appeals are determined. (7) If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsec tion (5), the activity may continue after the period has expired until— (a) the application is decided under section 87F and any appeals are deter mined; or (b) the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined. (8) If the application for a marine consent described in subsection (6) or (7) was returned by the EPA under section 41, subsection (6) or (7) (as the case re quires) applies to any new application that replaces the returned application. (9) In this section, planned petroleum activity means a mining activity under taken in relation to petroleum if, before the new regulations come into force,— (a) the exploration, prospecting, or mining for petroleum with which the ac tivity is involved is authorised by a permit that is granted under section 25 of the Crown Minerals Act 1991 or authorised by an existing privil ege preserved under clause 12 of Schedule 1 of that Act; and (b) the activity had not commenced. 23 Certain existing activities that become prohibited may continue (1) This section applies to an existing activity if— (a) the activity is classified as a permitted activity by regulations, or was au thorised by a marine consent in accordance with the regulations; and (b) new regulations come into force that amend or replace the regulations described in paragraph (a) (the new regulations); and (c) the activity becomes a prohibited activity as a result of the amendment or replacement of the regulations described in paragraph (a); and (d) the activity is lawfully established before the new regulations come into force. s 11 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 18 (2) The activity may continue— (a) for the duration of the consent, if the activity is authorised by a marine consent; or (b) for a period prescribed by regulations, if the activity is not authorised by a consent. Unauthorised activities 24 Unauthorised activities must stop (1) This section applies to an activity authorised to continue by section 21, 22, or 23 once the activity is no longer authorised to continue by one of those sec tions. (2) The person undertaking the activity must— (a) stop the activity; and (b) in stopping the activity, comply with any regulations or consent condi tions that apply to the stopping of the activity; and (c) comply with any instructions of the Environmental Protection Authority that relate to stopping the activity. Subpart 4—General matters 25 Duty of persons operating in exclusive economic zone or on continental shelf (1) This section applies to every person who carries out or proposes to carry out an activity in the exclusive economic zone, in or on the seabed of the continental shelf, or in the sea above the continental shelf beyond the outer limits of the exclusive economic zone. (2) The person has— (a) a general duty to avoid, remedy, or mitigate the adverse effects of the ac tivity on the environment; and (b) a duty to provide— (i) training and supervision to all of the person’s employees who are engaged in the activity in order to ensure compliance with this Act, regulations, and any marine consent; and (ii) sufficient resources to the person’s employees to ensure compli ance with this Act, regulations, and any marine consent, including establishing appropriate management systems. (3) The duties referred to in subsection (2) are not enforceable against any person, and no person is liable to any other person for a breach of a duty. (4) However, despite subsection (3), an enforcement order may be made or an abatement notice may be served under Part 3 to require a person to comply Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 11 19 with subsection (2)(a) if adverse effects result or are likely to result from a breach of this Act, regulations, or a marine consent. 26 Relationship with other legal requirements To avoid doubt,— (a) compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, and rules of law; and (b) compliance with any Act, regulations, or rule of law does not remove the need to comply with this Act. 12 Cross-heading above section 27 amended In the cross-heading above section 27, replace “activities and environment of exclusive economic zone and continental shelf” with “certain activities and areas”. 13 Section 27 amended (Regulations prescribing standards, methods, or requirements) (1) In section 27(1), replace “technical standards, methods, or requirements” with “requirements, methods, or technical standards”. (2) In section 27(1)(a), after “activities”, insert “described in section 20”. (3) Replace section 27(1)(b) with: (b) 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 contin ental shelf: (4) In section 27(2)(d)(i), replace “section 21, 22, or 23” with “section 21, 22, or 23”. 14 Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf) (1) In section 28(1), after “section 27”, insert “or 29A”. (2) In section 28(2), replace “activities described in section 20” with “activities de scribed in section 20 or subpart 2 of Part 2”. 15 New sections 29A to 29D and cross-headings inserted After section 29, insert: Regulation of discharges and dumping 29A Regulations for discharges and dumping (1) This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive eco nomic zone. s 12 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 20 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956172 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956172 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956172 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956172 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956172 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956173 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956173 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956174 (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that— (a) prescribe requirements, methods, or technical standards for the discharge of harmful substances, the dumping of waste or other matter, and the ef fects of the discharge or dumping: (b) in relation to a harmful substance,— (i) prohibit its discharge; or (ii) allow the discharge without a marine consent or describe the dis charge as permitted; or (iii) allow the discharge with a marine consent or describe the dis charge as discretionary: (c) in relation to the dumping of specified waste or other matter (other than emergency dumping),— (i) prohibit the dumping; or (ii) allow the dumping with a marine consent or describe the dumping as discretionary. (3) However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 and 34A have been met. (4) The regulations may— Harmful substances (a) prescribe a substance to be a harmful substance: (b) in relation to an offshore installation, regulate— (i) the removal or retention on board of a harmful substance: (ii) the stowage, packaging, containment, marking, labelling, docu mentation, and notification of a harmful substance carried in pack aged form: (iii) plans for emergencies involving a harmful substance: (c) prescribe requirements and procedures for the discharge of water pro duced from geologic formations by a mining activity: Waste and other matter (d) prescribe waste or other matter to be toxic or hazardous waste: (e) specify the matters an applicant for a marine dumping consent must in clude in the impact assessment for the activity, in addition to the matters required by section 39: (f) specify sites at which burial at sea may be approved: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 15 21 (g) 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. (5) Regulations may apply to different classes of persons, ships involved in mining activities, offshore installations, or submarine pipelines. (6) Despite subsection (2)(b)(ii), the regulations must not provide for the discharge of a harmful substance to be a permitted activity if, in the Minister’s opinion,— (a) the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and (b) it is more appropriate for the adverse effects of the activity to be consid ered in relation to an application for a marine consent. (7) Section 27(2) applies to regulations made under subsection (2)(a). (8) Section 29(2) and (3) applies to the regulations made under this section. 29B Regulations for emergency dumping (1) This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive eco nomic zone. (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe requirements, methods, or tech nical standards for emergency dumping of waste or other matter. 29C Regulations implementing international obligations (1) Regulations may be made under section 29A to— (a) implement New Zealand’s international obligations relating to the exclu sive economic zone, continental shelf, or the sea above the continental shelf beyond the outer limits of the exclusive economic zone: (b) enable New Zealand to become a party to an international convention, protocol, or agreement relating to the protection of the marine environ ment: (c) implement international practices and standards relating to the protection of the marine environment recommended by the International Maritime Organization. (2) This section does not limit section 29A. Non-notified activities 29D Non-notified activities (1) Regulations may describe any discretionary activity as non-notified or provide that an application for a marine consent for an activity is not to be publicly no tified. s 15 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 22 (2) Regulations must only provide that a discretionary activity is to be non-notified if, in the Minister’s opinion,— (a) the activity has a low probability of significant adverse effects on the en vironment or existing interests; and (b) the activity is— (i) routine or exploratory in nature; or (ii) an activity of brief duration; or (iii) a dumping activity. 16 Section 31 amended (Application of regulations) (1) In section 31(1), after “A regulation”, insert “made under section 27”. (2) Replace section 31(2) with: (2) A regulation made under section 29A may apply to— (a) 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 exclu sive economic zone; and (b) any or all of the activities described in subpart 2 of Part 2. (2A) A regulation made under section 27 or 29A may apply to the effects of an ac tivity even if the effects occur outside the area to which the regulation applies. 17 Section 32 amended (Process for developing or amending regulations) (1) In section 32(1), replace “section 27 or 30(1)(a) or (c)” with “section 27, 29A, or 30(1)(a) or (c)”. (2) In section 32(2)(a)(ii), replace “section 27” with “section 27 or 29A”. 18 Section 33 amended (Matters to be considered for regulations) (1) In the heading to section 33, after “regulations”, insert “under section 27”. (2) In section 33(3)(k), replace “permitted or discretionary” with “permitted, dis cretionary, non-notified, or publicly notifiable”. 19 Section 34 amended (Information principles) In section 34(1), replace “section 27” with “sections 27, 29A, and 29B”. 20 New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping) After section 34, insert: 34A Matters to be considered for regulations relating to discharges and dumping (1) This section applies when the Minister is developing regulations for the pur pose of section 29A. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 20 23 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956178 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956178 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956179 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956179 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956180 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956180 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464016 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464016 (2) The Minister must have regard to any comments made under section 32(2). (3) The Minister must take into account— (a) the matters described in section 33(3), except paragraphs (c), (g), (h), and (j); and (b) the effects of the discharge or dumping on human health if the discharge or dumping takes place; and (c) in relation to the dumping of waste or other matter,— (i) any alternative methods of disposal that could be used; and (ii) whether there are practical opportunities to reuse, recycle, or treat the waste. 21 Section 36 amended (Discretionary activities) (1) In section 36(1), after “discretionary activity if”, insert “this Act or”. (2) In section 36(3), replace “section 21” with “section 21”. 22 Section 37 amended (Prohibited activities) (1) In section 37(1), after “described in”, insert “this Act or”. (2) In section 37(4), replace “section 23” with “section 23”. 23 New section 37A inserted (Application of this subpart) In subpart 2 of Part 2, before the cross-heading “Application for marine con sent”, insert: 37A Application of this subpart This subpart applies only in relation to an activity described in section 20. 24 Section 38 amended (Application for marine consent) After section 38(2), insert: (3) This section does not apply to the following activities: (a) the discharge of harmful substances: (b) the dumping of waste or other matter. 25 New section 42A inserted (Joint processing and decision-making on related applications) After section 42, insert: 42A Joint processing and decision making on related applications (1) This section applies if the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal (rela ted applications) and at least 1 of the applications must be publicly notified under section 45(2). s 21 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 24 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956185 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956185 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956186 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956186 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956189 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956193 (2) The EPA may extend a time period that applies to the processing of an applica tion for a non-notified activity in order to ensure that— (a) the application and a related application are heard (if both are to be heard) at the same time and place: (b) the EPA makes its decisions on the related applications on the same date. 26 Section 44 amended (Environmental Protection Authority may obtain advice) (1) In the heading to section 44, after “advice”, insert “or information”. (2) In section 44(1)(d), after “advice”, insert “or information”. 27 New sections 44A to 44C and cross-headings inserted After section 44, insert: Disclosure and hearings of applications for marine consents for non-notified activities 44A Copy of consent applications for non-notified activities If the Environmental Protection Authority is satisfied that an application for a marine consent for a non-notified activity is complete, the EPA— (a) must serve a copy of the application on any of the following that the EPA considers may be affected by the application: (i) iwi authorities: (ii) customary marine title groups: (iii) protected customary rights groups: (b) may serve a copy of the application on the following if the EPA con siders it appropriate in the circumstances: (i) Ministers with responsibilities that may be affected by the activity for which consent is sought: (ii) Maritime New Zealand: (iii) other persons that the EPA considers have existing interests that may be affected by the application: (iv) regional councils whose regions may be affected by the applica tion. 44B Hearings in respect of consent applications for non-notified applications (1) The Environmental Protection Authority may conduct a hearing on an applica tion for a marine consent for a non-notified activity if the EPA considers it necessary or desirable. (2) Despite subsection (1), the EPA must conduct a hearing if the applicant re quests a hearing. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 27 25 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956195 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956195 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956195 (3) The Schedule applies to hearings of applications for marine consents for non notified activities. Public notification and hearings of applications for marine consents for publicly notifiable activities 44C Application of sections 45 to 58 Sections 45 to 58 apply to applications for marine consents for publicly notifia ble activities. 28 Section 68 amended (Time limits for Environmental Protection Authority’s decision) (1) In section 68, after “an application for a marine consent”, insert “for a publicly notifiable activity”. (2) In section 68, insert as subsection (2): (2) The EPA must make its decision on an application for a marine consent for a non-notified activity as soon as is reasonably practicable and no later than 50 working days after the date on which the EPA is satisfied that the application is complete. 29 Section 76 amended (Environmental Protection Authority may review duration and conditions) (1) In section 76(2), delete “, in accordance with section 78,”. (2) After section 76(2), insert: (3) A notice of review must comply with section 77. 30 Section 78 amended (Notice of review to consent holder and public notice) (1) Replace the heading to section 78 with “Public notice of review”. (2) In section 78(1), after “a notice of review”, insert “of a publicly notifiable ac tivity”. 31 New section 78A inserted (Copy of notice of review of non-notified activity) After section 78, insert: 78A Copy of notice of review of non-notified activity If the Environmental Protection Authority serves a notice of review of a non notified activity on a consent holder, the EPA must serve a copy of the notice on the persons specified in section 44A(a) as if the reference in that paragraph to an application for a marine consent were a reference to a notice of review. s 28 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 26 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956219 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956219 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956231 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956231 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956233 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956233 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956233 32 Section 79 amended (Further information, advice, submissions, and hearing) (1) In section 79(1), replace “Sections 42 to 58 apply, with all necessary modifica tions, to a review of a marine consent” with “Sections 42 to 44 and 45 to 58 apply, with all necessary modifications, to a review of a marine consent for a publicly notifiable activity”. (2) After section 79(1), insert: (1A) Sections 42 to 44B (and the Schedule) apply, with all necessary modifications, to a review of a marine consent for a non-notified activity as if the notice of review were an application for a marine consent. 33 New subpart 2A of Part 3 inserted After section 87, insert: Subpart 2A—Marine discharge consents and marine dumping consents 87A Application (1) This subpart applies in relation to an activity described in subpart 2 of Part 2. (2) Subpart 2 of this Part applies in relation to an activity described in subsection (1) only as set out in this subpart. 87B Application for marine discharge consent or marine dumping consent (1) Any person may apply to the Environmental Protection Authority for a marine discharge consent or a marine dumping consent to undertake a discretionary ac tivity. (2) An application must— (a) be made in the prescribed form; and (b) fully describe the proposal; and (c) include an impact assessment prepared in accordance with section 39 and any regulations. 87C Process before Environmental Protection Authority makes decision (1) Sections 40 to 58 apply to an application made under section 87B. (2) However, section 43(3) applies as if the reference to section 59 were a refer ence to section 87D. 87D Environmental Protection Authority’s consideration of application (1) This section and sections 87E and 87F apply when the Environmental Protec tion Authority is considering an application for a marine discharge consent or a marine dumping consent and submissions on the application. (2) The EPA must take into account,— Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 33 27 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956234 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956234 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956243 (a) in relation to the discharge of harmful substances,— (i) the matters described in section 59(2), except paragraph (c); and (ii) the effects on human health of the discharge of harmful substances if consent is granted; and (b) in relation to the dumping of waste or other matter,— (i) the matters described in section 59(2), except paragraphs (c), (f), (g), and (i); and (ii) the effects on human health of the dumping of waste or other matter if consent is granted; and (iii) any alternative methods of disposal that could be used; and (iv) whether there are practical opportunities to reuse, recycle, or treat the waste. (3) Section 59(3) applies to the application for a marine discharge consent or a marine dumping consent. 87E Information principles relating to discharges and dumping (1) When considering an application for a marine dumping consent or a marine discharge consent, the Environmental Protection Authority must— (a) make full use of its powers to request information from the applicant, obtain advice, and commission a review or a report; and (b) base decisions on the best available information; and (c) take into account any uncertainty or inadequacy in the information avail able. (2) If, in relation to making a decision on the application, the information available is uncertain or inadequate, the EPA must favour caution and environmental protection. (3) In this section, best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time. 87F Decision on application for marine discharge consent or marine dumping consent (1) After complying with sections 87D and 87E, the Environmental Protection Au thority may— (a) grant an application for a marine discharge consent or a marine dumping consent, in whole or in part, and issue a consent; or (b) refuse the application. (2) However, the EPA must refuse an application for a marine dumping consent if— s 33 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 28 (a) the EPA considers that the waste or other matter may be reused, recy cled, or treated without— (i) adverse effects on human health or the environment that are more than minor; or (ii) imposing costs on the applicant that are unreasonable in the cir cumstances; or (b) the waste or other matter is identified in such a way that it is not possible to assess the potential effects of dumping the waste or other matter on human health or the environment; or (c) the EPA considers that dumping the waste or other matter is not the best approach to the disposal of the waste or other matter in the circumstan ces. (3) To avoid doubt, the EPA may refuse an application for a marine discharge con sent or a marine dumping consent if the EPA considers that it does not have adequate information to determine the application. (4) If the EPA grants the application, it may issue the consent subject to conditions under section 63, but not under section 63(2)(b). 87G Conditions and decision-making process The following provisions apply to a marine dumping consent or a marine dis charge consent granted under section 87F: (a) sections 65 to 67, which relate to conditions: (b) sections 68 to 72, which relate to time limits for making decisions, the form and notification of the decision, commencement of the consent, and the nature of the consent. 87H Duration of marine discharge consents and marine dumping consents (1) The duration of a marine discharge consent or a marine dumping consent is the term specified in the consent. (2) However, the duration must not be more than 35 years. (3) If no duration is specified in a consent, its duration is 5 years. (4) When determining the duration of a consent, the Environmental Protection Au thority must comply with sections 73(2)(b) and (c), 87D, and 87E. 87I Exercise of consents, transfer, review, and minor changes (1) The following provisions apply to a marine dumping consent or a marine dis charge consent granted under section 87F: (a) sections 74 and 75, which relate to the exercise of a consent while apply ing for a new consent and the transfer of consents: (b) sections 76 to 82, which relate to the review of the conditions and dura tion of consents: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 33 29 (c) sections 83 to 86, which relate to minor changes and corrections to con sent conditions, and the lapsing and cancellation of consents not exer cised. (2) However,— (a) section 80(a) applies as if— (i) the reference to sections 59 and 60 were a reference to section 87D; and (ii) the reference to section 61 were a reference to section 87E; and (b) section 81(2) applies as if “Sections 63 to 71” were replaced with “Sec tions 63 (but not subsection (2)(b)) and 65 to 71”. 87J Change or cancellation of marine dumping consent or marine discharge consent on application by consent holder (1) The holder of a marine dumping consent or a marine discharge consent granted under section 87F may request the Environmental Protection Authority to change or cancel a condition of the consent. (2) Sections 87B to 87G apply, with all necessary modifications, as if— (a) the request were an application for a marine dumping consent or a mar ine discharge consent; and (b) the references to a marine dumping consent or a marine discharge con sent were references only to the change or cancellation of a condition; and (c) the references to the activity were references only to the effects of the change or cancellation. (3) Section 87(3) to (6) apply to the request. 34 Section 93 amended (Environmental Protection Authority may require joint application) (1) In section 93(3)(a), replace “proceed with the notification” with “continue with the processing”. (2) In section 93(3)(b), before “return”, insert “to”. 35 Section 94 amended (Decision to separate joint application for consent) Replace section 94(2)(b) with: (b) one application must be publicly notified, but not the other; or 36 Section 96 amended (Environmental Protection Authority to administer process) (1) In section 96(2)(b), replace “the application is” with “if both applications must be publicly notified, they are”. (2) In section 96(2)(c), after “submissions”, insert “(if applicable)”. s 34 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 30 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956266 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956266 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956267 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956270 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956270 (3) In section 96(2)(e), replace “and notify” with “and (if applicable) notify”. (4) In section 96(3), after “ensure that”, insert “(where applicable)”. 37 Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry) (1) Replace section 99(3) and (4) with: (3) If the EPA delegates its functions under subsection (2), sections 44B, 50 to 58, and 68 of this Act do not apply to the application for a marine consent and, in stead,— (a) the EPA must process the application for a marine consent together with the associated application for a resource consent; and (b) the provisions of the Resource Management Act 1991 specified in sub section (5) apply to the processing of the application for a marine con sent as if the application were part of the associated application for a re source consent. (4) If subsection (3) applies,— (a) the EPA must, if the application must be publicly notified under section 45(2) of this Act,— (i) notify the application, if it has not already been notified; and (ii) receive submissions made under section 46; and (b) the board of inquiry must apply sections 59 to 67 in making its decision on the application as if the board were the EPA. (2) Replace section 99(5)(c) and (d) with: (c) section 149R (which requires the board to produce a final report), but not subsections (3)(e) and (f) and (4)(b) and (c): (d) section 149RA(1) and (2) (which allows the board to make minor cor rections to board decisions and resource consents): (da) section 149S (which allows the Minister to extend the time by which the board must report), but not subsection (4)(b): (3) After section 99(5), insert: (6) An application for a resource consent is associated with an application for a marine consent if the applications relate to the same cross-boundary activity. 38 Section 105 amended (Appeals on question of law) In section 105(2)(c), replace “section 81(2)” with “section 81(3)”. 39 Sections 132 to 134 and cross-heading above section 132 replaced Replace sections 132 to 134 and the cross-heading above section 132 with: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 39 31 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956270 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956270 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956274 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956274 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956274 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956284 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956311 Offences and defences in relation to activities regulated under section 20 132 Offences in relation to activities regulated under section 20 (1) This section applies if an activity described in section 20(2) or (4) is carried out in breach of section 20(1) or (3) (as applicable). (2) The following persons commit an offence: (a) if the activity involves a structure, the owner of the structure: (b) if the activity involves a ship, the master and owner of the ship: (c) if the activity involves a submarine pipeline, the owner of the pipeline: (d) if the activity involves a submarine cable, the owner of the cable: (e) if the activity is one described in section 20(2)(d) to (g), the person who carried out the activity: (f) if the activity is one described in section 20(4)(b) or (c), the person who carried out the activity. (3) In this section and sections 134 and 134B to 134D, owner,— (a) in relation to a ship, includes— (i) a person who is the legal or equitable owner, or both, of the ship; and (ii) a person in possession of the ship; and (iii) a charterer, a manager, or an operator of the ship, or any other per son (other than a pilot) responsible for the navigation or manage ment of the ship: (b) in relation to an offshore installation, includes— (i) the person having a right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and (ii) the manager, lessee, licensee, or operator of the installation; and (iii) any agent or employee of the owner, manager, lessee, licensee, or operator of the installation, or the person in charge of any oper ations connected with the installation: (c) in relation to a structure other than an offshore installation, includes any manager, lessee, licensee, or operator of the structure, or the person in charge of the structure: (d) in relation to a submarine pipeline or submarine cable, includes any manager, lessee, licensee, or operator of the pipeline or cable. s 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 32 133 Strict liability and defences (1) In a prosecution for an offence of breaching, or permitting a breach of, section 20, it is not necessary to prove that the defendant intended to commit the of fence. (2) It is a defence to a prosecution of the kind referred to in subsection (1) if the defendant proves— (a) that— (i) the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or prevent ing serious damage to property, or avoiding an actual or likely ad verse effect on the environment or existing interests; and (ii) the conduct of the defendant was reasonable in the circumstances; and (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or (b) that the action or event to which the prosecution relates resulted from an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case— (i) the action or event could not reasonably have been foreseen or been provided against by the defendant; and (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred. (3) Subsection (2) applies only if the defendant delivers to the prosecutor within 7 days after the service of the summons, or such further time as the court may allow, a written notice— (a) stating that the defendant intends to rely on subsection (2); and (b) specifying the facts that support his or her reliance on subsection (2). (4) However, the court may grant leave to the defendant to rely on subsection (2) even if the defendant does not comply with subsection (3). Offences and defences in relation to discharge or escape of harmful substances 134 Offences in relation to discharge of harmful substances (1) This section applies if a harmful substance is discharged into the sea or onto or into the seabed in breach of 1 or more of sections 20B and 20C. (2) The following persons commit an offence: (a) if the discharge is from an offshore installation, the owner of the off shore installation: (b) if the discharge is from a submarine pipeline, the owner of the pipeline: (c) if the discharge is from a ship, the master and the owner of the ship: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 39 33 (d) if the discharge is as a result of mining activity, the person in charge of and the person carrying on the mining activity: (e) if the discharge is of a kind referred to in paragraph (a), (b), or (c), and results from intentional damage caused by a person not referred to in that paragraph, the person who committed the damage. 134A Defence It is a defence to proceedings for an offence against section 134 if the defend ant proves that— (a) the harmful substance was discharged for the purpose of securing the safety of a ship or offshore installation or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or (b) the harmful substance escaped as a consequence of damage to the ship or its equipment, to an offshore installation or its equipment, to a pipeline, or to any apparatus (other than a ship) used in connection with any min ing activity and— (i) the damage occurred without the negligence or deliberate act of the defendant; and (ii) as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if any escape could not be prevented, to minimise the escape. Offences and defences in relation to dumping 134B Offences in relation to dumping of radioactive waste or other radioactive matter The following persons each commit an offence if radioactive waste or other radioactive matter is dumped in breach of section 20E: (a) the master and the owner of a ship, if the dumping is from the ship: (b) the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft: (c) the owner of an offshore installation, if the dumping is from the offshore installation. 134C Offences in relation to dumping of toxic or hazardous waste The following persons each commit an offence if toxic or hazardous waste is dumped in breach of section 20F: (a) the master and the owner of a ship, if the dumping is from the ship: (b) the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft: s 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 34 (c) the owner of an offshore installation, if the dumping is from the offshore installation. 134D Offences in relation to dumping and incineration of waste and other matter (1) The master and the owner of a ship each commits an offence if— (a) waste or other matter is dumped from the ship in breach of section 20G; or (b) the ship is dumped in breach of section 20G. (2) The person in possession of, and the owner of, an aircraft each commits an of fence if— (a) waste or other matter is dumped from the aircraft in breach of section 20G; or (b) the aircraft is dumped in breach of section 20G. (3) The owner of an offshore installation commits an offence if— (a) waste or other matter is dumped from the offshore installation in breach of section 20G; or (b) the offshore installation is dumped in breach of section 20G. (4) The following persons each commit an offence if waste or other matter is incin erated at sea in breach of section 20I: (a) the owner and master of a ship, if the incineration occurs on the ship; or (b) the owner of a structure, if the incineration occurs on the structure. (5) The following persons each commit an offence if human remains are disposed of in breach of section 20J: (a) the owner and master of a ship, if the remains are disposed of from the ship: (b) the person in possession of, and the owner of, an aircraft, if the remains are disposed of from the aircraft: (c) the owner of a structure, if the remains are disposed of from the struc ture. 134E Defence in relation to dumping of waste or other matter In a prosecution for an offence against section 134D, it is a defence if the de fendant proves that the act or omission that is alleged to constitute the of fence— (a) was necessary— (i) to save or prevent danger to human health or safety, or the marine environment; or Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 39 35 (ii) to avert a serious threat to the ship, aircraft, or offshore installa tion; or (iii) in the case of force majeure caused by stress of weather, to secure the safety of the ship, aircraft, or offshore installation; and (b) was a reasonable step to take in all the circumstances; and (c) was likely to result in less damage than would otherwise have occurred; and (d) was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Other offences 134F Offence in relation to enforcement order, abatement notice, section 24, or section 167 A person commits an offence against this Act who breaches, or permits a breach of, any of the following: (a) an enforcement order or an abatement notice: (b) section 24 or 167 (which require a person to comply with the EPA’s in structions when stopping an activity). 134G Other offences (1) A person commits an offence against this Act who breaches, or permits a breach of, any of the following: (a) a requirement under section 35(3) to notify the Environmental Protection Authority of a permitted activity to be undertaken: (b) a requirement to provide certain information to an enforcement officer under section 140: (c) a direction given by the EPA under section 158 in relation to the protec tion of sensitive information: (d) an order (other than an enforcement order) made by the Environment Court or the High Court. (2) A person commits an offence against this Act who— (a) wilfully obstructs, hinders, resists, or deceives any person in the execu tion of a power conferred on that person by or under this Act; or (b) contravenes or permits a contravention of a summons or order to give evidence issued or made under section 55. s 39 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 36 Penalties 134H Penalties (1) A person who commits an offence against this Act (other than against section 134G) is liable on conviction,— (a) in the case of a natural person, to a fine not exceeding $300,000: (b) in the case of a person other than a natural person, to a fine not exceed ing $10 million. (2) The person is also liable on conviction, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day during which the of fence continues. (3) The continued existence of anything, or the intermittent repetition of any ac tions, contrary to any provision of this Act is a continuing offence. 134I Additional penalties for discharge and dumping offences A person who commits an offence against section 134, 134B, 134C, or 134D is also liable on conviction to pay such amounts as the court may assess in respect of the costs incurred in respect of or associated with— (a) removing, containing, rendering harmless, or dispersing any harmful substance to which the offence relates; and (b) removing or dispersing any waste or other matter to which the offence relates. 134J Penalties for section 134G offences (1) A person who commits an offence against section 134G(1) is liable on convic tion to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues. (2) A person who commits an offence against section 134G(2) is liable on convic tion to a fine not exceeding $1,500. 134K Court orders (1) This section applies if a person is convicted of an offence against this Act. (2) The court may, instead of or in addition to imposing a fine, make 1 or more of the following orders: (a) an order specified in section 115: (b) an order requiring the Environmental Protection Authority to serve no tice, under section 76(2), of the review of a marine consent held by the person, but only if the offence involves an act or omission that breaches the consent. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 39 37 134L Additional penalty for offence involving commercial gain (1) A court may order a person convicted of an offence against this Act to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence if the court is satisfied that the offence was com mitted in the course of producing commercial gain. (2) The penalty imposed under subsection (1) is in addition to any other penalty the court may impose under this Act. (3) The court must assess the value of any gain for the purpose of subsection (1). (4) The amount of the additional penalty imposed under subsection (1) is recovera ble in the same manner as a fine. 134M Application of fines for discharge and dumping offences (1) A court that convicts a person for an offence against section 134, 134B, 134C, or 134D may order that the whole or part of the fine, or other monetary penalty, imposed on the person under this Act be paid to another person specified by the court. (2) The specified person must apply the money towards meeting the costs of either or both— (a) removing, containing, rendering harmless, or dispersing the harmful sub stance or waste or other matter: (b) repairing the damage resulting from the discharge of the harmful sub stance or dumping of waste or matter. 40 Section 136 amended (Commencement of offence proceedings) In section 136, replace “under” with “against”. 41 New section 136A inserted (Commencement of proceedings against natural person) After section 136, insert: 136A Commencement of proceedings against natural person (1) Criminal proceedings may not be commenced against a natural person in rela tion to an offence under this Act unless— (a) the natural person is— (i) a New Zealand citizen; or (ii) a person who is ordinarily resident in New Zealand; or (b) in the case of any other person, the Attorney-General consents to the commencement of the proceedings and certifies that it is expedient to do so. (2) However, before the Attorney-General’s consent has been obtained,— s 40 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 38 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464027 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464027 (a) a person described in subsection (1)(b) may be arrested or a warrant for the person’s arrest may be issued and executed; and (b) the person may be remanded in custody or on bail. (3) This section overrides any other enactment that is inconsistent with this sec tion. 42 Section 143 amended (Principles of cost recovery) In section 143(2)(c), replace “section 22,” with “section 22,”. 43 New sections 158A and 158B inserted After section 158, insert: 158A EPA and Maritime New Zealand to share information (1) The Environmental Protection Authority may provide Maritime New Zealand with any information that the EPA holds and that the EPA considers may assist Maritime New Zealand in the performance of Maritime New Zealand’s func tions under the Maritime Transport Act 1994. (2) Maritime New Zealand may provide the EPA with any information that Mari time New Zealand holds and that it considers may assist the EPA in the per formance of the EPA’s functions under this Act. (3) If any information provided by the EPA under subsection (1) is the subject of a direction made under section 158, that section continues to apply to the infor mation and Maritime New Zealand must comply with that section. 158B EPA may provide information to other regulatory agencies for purposes of this Act (1) A regulatory agency may provide to the EPA any information or a copy of any document that the agency believes would assist the EPA in the performance or exercise of the EPA’s functions, duties, or powers under this Act. (2) The EPA may provide to a regulatory agency any information or a copy of any document that the EPA believes would assist the agency in the performance or exercise of its functions, duties, or powers under a specified Act. (3) A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless— (a) the disclosure is made for the purposes of, or in connection with, the per formance or exercise of any function, power, or duty conferred or im posed by this Act or a specified Act on the person or agency; or (b) the information is publicly available; or (c) the disclosure is made with the consent of the person to whom the infor mation relates or to whom the information is confidential; or Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 43 39 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956333 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956348 (d) the disclosure is made in connection with proceedings, or any investiga tion or inquiry for proceedings, for an offence against this Act or any other enactment; or (e) the disclosure is required by another enactment; or (f) the disclosure is required by a court of competent jurisdiction. (4) In this section,— regulatory agency means— (a) a consent authority as that term is defined in section 2(1) of the Resource Management Act 1991: (b) a department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of any specified Act specified Act means any Act specified in section 7(2) other than the Crown Minerals Act 1991. 44 New sections 164A and 164C and cross-heading inserted After section 164, insert: Transitional provisions relating to discharges and dumping 164A Dumping permits issued under Maritime Transport Act 1994 A permit issued before the commencement of this section by the Director of Maritime New Zealand under section 262 of the Maritime Transport Act 1994 must be treated as if it were a marine dumping consent granted under section 87F of this Act on the same terms and conditions as apply to the permit. 164B Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents (1) This section applies to a discharge management plan for an offshore installa tion approved before the commencement of this section by the Director of Maritime New Zealand in accordance with rule 200.7 of Part 200 of the Marine Protection Rules. (2) The provisions of the discharge management plan that specify the following matters must be treated as if they were a marine discharge consent granted under section 87F for a term that is the same as the remaining duration of the discharge management plan: (a) harmful substances that may be discharged in accordance with the dis charge management plan: (b) a method for continuously measuring the oil content of production water, displacement water, or offshore processing drainage discharged from the offshore installation: (c) procedures for reporting oil spills: s 44 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 40 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3956356 (d) environmental monitoring methods for identifying the environmental impacts of discharges: (e) matters described in clause 1(2) to (6) of Schedule 1 of Part 200 of the Marine Protection Rules as if the words “in a form acceptable to the Director” were replaced with “in the prescribed form”: (f) matters described in Schedule 2 of Part 200 of the Marine Protection Rules other than in clause 5(f). (3) Part 200 of the Marine Protection Rules does not apply to the provisions of the discharge management plan that are to be treated as a marine discharge consent under subsection (2). (4) Despite subsection (3), the following marine protection rules, as they were on the day before this section comes into force, must be treated as if they were conditions of the consent: (a) rule 200.13: (b) rule 200.14(1), (2), and (5)(a), as if a reference to the Director in those provisions were a reference to the Environmental Protection Authority, and (8): (c) rule 200.15: (d) rule 200.16(1): (e) rule 200.17, as if the reference to rule 200.19 were a reference to that rule as it was before this section comes into force: (f) rule 200.18: (g) rule 200.22, as if— (i) the words “in a form approved by the Director” in subrule (1) were replaced with “in the prescribed form”: (ii) the reference in subrule (4) to the Director were a reference to the Environmental Protection Authority: (h) rule 200.23(1) and (3), as if in each case paragraph (b) were replaced with: (b) the Environmental Protection Authority and the Director, if the spill occurs in the exclusive economic zone; or (c) the Director, if the spill occurs beyond the exclusive economic zone, (i) rule 200.24 as if the reference to the Director in subrule (2)(a) included a reference to the Environmental Protection Authority: (j) rule 200.25 as if the reference to the Director in subrule (2) were a refer ence to the Environmental Protection Authority. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 s 44 41 (5) The marine protection rules described in subsection (4) and treated as condi tions of a marine discharge consent by that subsection may be amended, can celled, or replaced as if they were conditions imposed under this Act. 164C Completion of certain matters pending at commencement of sections 164A and 164B (1) If a person makes an application for a permit under section 262 of the Maritime Transport Act 1994 and it has not been decided before section 164A comes into force, the application is to be continued and completed under that Act as it was before section 164A comes into force. (2) Section 164A applies to a permit issued after being continued and completed under subsection (1). (3) If a person makes an application for the approval of a discharge management plan under rule 200.5 of Part 200 of the Marine Protection Rules and that appli cation has not been decided before section 164B comes into force, the applica tion is to be continued and completed under the marine protection rules as they were before section 164B comes into force. (4) Section 164B applies to a discharge management plan approved after being continued and completed under subsection (3). 45 New section 167A and cross-heading inserted After section 167, insert: Transitional and savings provision relating to regulations 167A Transitional and savings provision relating to regulations Any consultation undertaken before the commencement of this section by the Minister on proposals as to whether certain discretionary activities should be classified as non-notified activities may be taken to be consultation for the pur poses of section 32(2) for the first non-notified activities regulations made after this section comes into force. Compare: 2000 No 91 s 114 46 New Schedule inserted After section 177, insert the Schedule set out in Schedule 2 of this Act. 47 Consequential amendments to maritime transport legislation (1) Amend the Maritime Transport Act 1994 in the manner set out in Part 1 of Schedule 1. (2) Amend the Marine Protection Rules: Part 180 in the manner set out in Part 2 of Schedule 1. s 45 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 42 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4464037 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4670824 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM334659 Schedule 1 Amendments to maritime transport legislation consequential on amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 s 47 Part 1 Amendments to Maritime Transport Act 1994 Section 222 In section 222(1), insert, in their appropriate alphabetical order: emergency dumping permit has the meaning given in section 257 mining activity has the meaning given in section 225 mining discharge has the meaning given in section 225 New Zealand structure has the meaning given in section 257 structure has the meaning given in section 257 In section 222(1), definition of marine protection document, paragraph (a), replace “section 262” with “section 262 or 262A”. New section 224A Before section 225, insert: 224A Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges (1) This section describes how the discharge of harmful substances is regulated under this Part and the Exclusive Economic Zone and Continental Shelf (Envir onmental Effects) Act 2012, but it does not affect the interpretation or the ap plication of this Part or that enactment. (2) This Part regulates— (a) the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone: (b) 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 for eign ship involved in a mining activity: (c) the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea. (3) In relation to the discharge of harmful substances, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 regulates— Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 43 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM336955 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM336955 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337265 New section 224A—continued (a) discharges into the exclusive economic zone and into or onto the seabed below it from— (i) structures: (ii) submarine pipelines: (iii) ships, if the discharge is a mining discharge: (b) discharges into or onto the continental shelf beyond the exclusive eco nomic zone or into the sea above that part of the continental shelf from— (i) New Zealand structures: (ii) structures (other than New Zealand structures) involved in a min ing activity: (iii) submarine pipelines: (iv) ships, if the discharge is a mining discharge. Section 225 In section 225, insert in its appropriate alphabetical order: mining activity means an activity carried out for, or in connection with,— (a) the identification of areas of the seabed likely to contain mineral depos its; or (b) the identification of mineral deposits; or (c) the taking or extraction of minerals from the sea or seabed, and associ ated processing of those minerals mining discharge, in relation to a harmful substance, means a discharge made as an integral part of, or as a direct result of, mining activity In section 225, definition of pollution incident, after “Resource Management Act 1991”, insert “or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012”. Section 226 Replace section 226 with: 226 Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf (1) This section applies to the discharge of harmful substances (other than a min ing discharge). (2) Harmful substances must not be discharged from a ship— (a) into the sea within the exclusive economic zone; or (b) into or onto the seabed below that sea. Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 44 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337265 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337265 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337285 Section 226—continued (3) Harmful substances must not be discharged from a New Zealand ship or from a foreign ship that is involved in mining activity— (a) into the sea beyond the outer limits of the exclusive economic zone but over the continental shelf; or (b) into or onto the seabed below that sea. (4) However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules. 226A Harmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships (1) Harmful substances must not be discharged from a New Zealand ship— (a) into the sea beyond New Zealand continental waters; or (b) onto or into the seabed below that sea. (2) However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules. Section 227 Replace section 227 with: 227 Duty to report discharge or escape of harmful substances (1) This section applies to the discharge or escape of a harmful substance into the sea, or onto or into the seabed, in breach of— (a) section 226 or 226A; or (b) section 15B of the Resource Management Act 1991; or (c) section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. (2) Notice of the discharge or escape must be given,— (a) if the discharge or escape occurred beyond New Zealand continental waters, to the Director; or (b) if the discharge or escape occurred within the internal waters or the terri torial sea, to the Director and the regional council within whose region the discharge or escape occurred; or (c) if the discharge or escape occurred in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority. (3) Each of the following persons is under a duty to give notice of the discharge or escape of a harmful substance: (a) if the discharge or escape was from a ship, the owner and the master of the ship: Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 45 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337286 Section 227—continued (b) if the discharge or escape was from an offshore installation, the owner of the installation: (c) if the discharge or escape was from a pipeline, the owner of the pipeline: (d) if the discharge or escape was a result of a marine operation, the person in charge of and the person carrying on the operation. (4) If one person gives notice of the discharge or escape of a harmful substance in accordance with subsection (3), no other person is required to give notice of the discharge or escape. (5) If the discharge or escape of a harmful substance breaches section 226A, the master of the ship must, as soon as practicable, report the discharge or escape to the appropriate authority of the nearest State. (6) This section applies whether or not a defence may be available under this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. Section 228 Replace section 228(1) with: (1) This section applies to a pollution incident involving— (a) a ship in the internal waters of New Zealand or New Zealand marine waters; or (b) a ship involved with marine operations or an offshore installation or pipeline within New Zealand continental waters; or (c) any marine operations within New Zealand continental waters. (1A) Notice of the pollution incident must be given— (a) to the Director; or (b) if the incident occurs in the internal waters or the territorial sea, to the Director and the regional council in whose region the incident occurs; or (c) if the incident occurs in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Au thority. Section 231 Replace section 231 with: 231 Obligations of Director, Environmental Protection Authority, and regional councils to share information concerning notices (1) This section applies if a notice is given under any of sections 227, 228, 229, 230, and 299 to a regional council, the Environmental Protection Authority, or the Director. Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 46 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337287 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337290 Section 231—continued (2) The regional council must, without delay, inform the Director of the matters about which it has been notified. (3) The Environmental Protection Authority must, without delay, inform the Direc tor of the matters about which it has been notified. (4) The Director must, without delay, inform— (a) a regional council of the matters about which the Director has been noti fied if the matters have occurred or may occur in the region of the coun cil; or (b) the Environmental Protection Authority of the matters about which the Director has been notified if the matters have occurred or may occur in New Zealand continental waters. Section 232 Replace section 232(1) with: (1) This section applies if the Director has reasonable cause to believe that a harm ful substance has been discharged or has escaped from a ship in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. (1A) The Director may require the owner of the ship to provide a contract of insur ance or other financial security of a kind and for an amount that is sufficient security for the payment of any amounts that may be payable by the owner, or the master of the ship, under this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 in respect of the discharge or escape. In section 232(2), replace “subsection (1)” with “subsection (1A)”. Section 233 Replace section 233(1) with: (1) This section applies if the Director believes on reasonable grounds that the con ditions on a ship, offshore installation, or pipeline— (a) have been or are likely to be responsible for a discharge or escape of a harmful substance into the sea or onto or into the seabed in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or (b) pose an unreasonable threat of harm to the marine environment. (1A) The Director may require the owner of the ship, offshore installation, or pipe line to take all necessary steps to rectify the conditions. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 47 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337292 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337292 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337293 Section 235 In section 235(1), replace “this Act or the Resource Management Act 1991,” with “this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012,”. Section 237 Replace section 237 with: 237 Discharge or escape of harmful substances from ship into sea or seabed (1) If a harmful substance is discharged or escapes from a ship into the sea or onto or into the seabed in breach of section 226 or 226A, the master and the owner of the ship each commit an offence. (2) If the discharge or escape results from intentional damage caused by a person other than the master or the owner of the ship, the person who caused the dam age commits an offence. Section 243 Replace section 243 with: 243 Defences to offence against section 237 It is a defence to proceedings for an offence against section 237 if the defend ant proves that— (a) the harmful substance was discharged for the purpose of securing the safety of a ship or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or (b) the harmful substance escaped as a consequence of damage to the ship or its equipment and— (i) the damage occurred without the negligence or deliberate act of the defendant; and (ii) as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if an escape could not be prevented, to minimise the escape. Section 250 In section 250, insert as subsection (2): (2) The Director must notify the Environmental Protection Authority as soon as practicable after the Director decides to issue instructions or take measures if the instructions or measures (which the Director intends to issue or take) affect the exclusive economic zone or New Zealand continental waters. Part 21 Replace the Part 21 heading with: Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 48 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337295 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337302 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337309 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337337 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337351 Part 21—continued Part 21 Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes Section 257 In section 257, insert in their appropriate alphabetical order: emergency dumping permit means a permit granted under section 262A New Zealand structure means a structure that is owned by— (a) a New Zealand citizen; or (b) a person who is ordinarily resident in New Zealand; or (c) a company registered under the Companies Act 1993 structure includes an offshore installation, artificial island, or floating plat form, but does not include a submarine pipeline New section 257A After section 257, insert: 257A Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping (1) This section describes how the dumping of waste or other matter is regulated under this Part and the Exclusive Economic Zone and Continental Shelf (Envir onmental Effects) Act 2012, but it does not affect the interpretation or the ap plication of this Part or that enactment. (2) This Part regulates the dumping of waste or other matter into the waters be yond the continental shelf. (3) In relation to the exclusive economic zone and the continental shelf, the Exclu sive Economic Zone and Continental Shelf (Environmental Effects) Act 2012— (a) prohibits— (i) the dumping of radioactive waste or other radioactive matter: (ii) the dumping of toxic or hazardous waste: (iii) the incineration of waste or other matter at sea; and (b) regulates— (i) the disposal of human remains other than ashes: (ii) the dumping of waste or other matter (other than waste or other matter described in paragraph (a)). Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 49 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337352 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337352 Section 258 Replace section 258(c) with: (c) dumped from any ship or aircraft into the sea above the continental shelf beyond the outer limits of the exclusive economic zone; or Repeal section 258(d). In section 258, insert as subsections (2) and (3): (2) No person may incinerate radioactive waste or other radioactive matter at sea— (a) in the internal waters of New Zealand; or (b) beyond New Zealand continental waters on a New Zealand ship, a New Zealand structure, or a New Zealand aircraft. (3) No person may export radioactive waste or other radioactive matter to another country for dumping at sea or incineration at sea. Section 259 Repeal section 259. Section 260 Repeal section 260. Section 261 Replace section 261 with: 261 Dumping and incineration of waste or other matter (1) No person may dump waste or other matter from a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea, or into or onto the sea bed, beyond New Zealand continental waters, unless the dumping is authorised by— (a) a permit issued under section 262; or (b) a permit issued by a Convention State; or (c) an emergency dumping permit issued under section 262A. (2) No person may dump a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea or onto or into the seabed beyond New Zealand continental waters, unless the dumping is authorised by— (a) a permit issued under section 262; or (b) a permit issued by a Convention State; or (c) an emergency dumping permit issued under section 262A. (3) No person may incinerate waste or other matter at sea— (a) in the internal waters of New Zealand; or Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 50 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337379 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337379 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337379 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337380 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337381 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337382 Section 261—continued (b) beyond New Zealand continental waters on a New Zealand ship, a New Zealand structure, or a New Zealand aircraft. (4) No person may export waste or other matter to another country for dumping at sea or incineration at sea. (5) No person may take waste or other matter on board a ship or an aircraft in New Zealand, or within the internal waters of New Zealand or New Zealand contin ental waters, for the purpose of dumping that waste or other matter within any of those waters unless the dumping is authorised by— (a) a resource consent granted under the Resource Management Act 1991; or (b) a marine consent granted under section 87F of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or (c) a permit granted under section 262. (6) This section does not— (a) require the Director to obtain a permit under section 262 or 262A before he or she exercises a power conferred by section 248 or 249; or (b) apply to the exercise of any of those powers by the Director. Section 262 Replace section 262 with: 262 Permits for dumping waste or other matter The Director may, in accordance with section 270 and the marine protection rules, issue permits authorising the dumping of any waste or other matter (in cluding ships, aircraft, or offshore installations) from a New Zealand ship, or a New Zealand aircraft, beyond New Zealand continental waters. 262A Emergency dumping permit (1) This section and section 262B apply if a situation arises which poses an unac ceptable risk to human health, human safety, or the marine environment (an emergency). (2) Any person may apply to the Director, in an emergency, for an emergency dumping permit to dump waste or other matter into the sea beyond New Zea land continental waters (which would otherwise contravene section 261). (3) The Director may issue the permit in accordance with section 270 and the mar ine protection rules, if he or she is satisfied that— (a) an emergency exists; and (b) the dumping of the waste or other matter is necessary to remove or re duce the risk; and Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 51 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337385 Section 262—continued (c) there is no practical alternative to the dumping of the waste or other matter. (4) Before the Director issues a permit under subsection (3), the Director must— (a) consult with the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and (b) notify the International Maritime Organization that he or she has re ceived an application for an emergency dumping permit. 262B Conditions of emergency dumping permit (1) An emergency dumping permit may be granted subject to conditions. (2) The Director must include as a condition on an emergency dumping permit a requirement that the person granted the permit complies with any procedures for dumping recommended by the International Maritime Organization and specified on the permit. (3) Subsection (2) applies only to the extent that the Director considers the condi tions practicable after taking into account the urgency of the situation. (4) The Director may include any conditions that he or she considers appropriate to deal with the effects of the dumping of waste or other matter on the environ ment or on human health or safety, including conditions that require the person issued with the permit to— (a) monitor, and report to the Director on, the exercise of the permit and the effects of the dumping on the environment and human health and safety: (b) keep and maintain records of the waste or other matter dumped and the location of the dumping: (c) provide the Director with any specified information that relates to the permit or its exercise. Section 263 Replace the heading to section 263 with “Offences in respect of radioactive waste and other radioactive matter”. Replace section 263(3) with: (3) The owner of a controlled offshore installation commits an offence if radio active waste or other radioactive matter is taken on board any ship or aircraft at the offshore installation in breach of section 258(b). Repeal section 263(4) and (5). Section 264 In section 264(1)(a), replace “section 261(2)” with “section 261(5)”. Repeal section 264(1)(b). Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 52 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337388 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337388 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337388 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 Section 264—continued In section 264(1)(c), replace “section 261(3)” with “section 261(1)”. Replace section 264(2) with: (2) The master and owner of a ship each commits an offence if the ship (being a New Zealand ship) is dumped in breach of section 261(2). In section 264(3)(a), replace “section 261(2)” with “section 261(5)”. Repeal section 264(3)(b). In section 264(3)(c), replace “section 261(3)” with “section 261(1)”. Replace section 264(4) with: (4) A person in possession, and the owner, of an aircraft each commits an offence if the aircraft (being a New Zealand aircraft) is dumped in breach of section 261(2). Repeal section 264(5). In section 264(6), replace “section 261(6A)(a)” with “section 261(3)”. In section 264(7), replace “261(6A)(b)” with “section 261(4)”. After section 264(7), insert: (8) The master and the owner of a ship who are authorised to dump waste or other matter from the ship by an emergency dumping permit each commits an of fence if a condition of the permit is breached. (9) The person in possession of an aircraft and the owner of the aircraft who are authorised to dump waste or other matter from the aircraft by an emergency dumping permit each commits an offence if a condition of the permit is breach ed. Section 272 After section 272(1)(e)(iv), insert: (v) section 20B or 20C of the Exclusive Economic Zone and Contin ental Shelf (Environmental Effects) Act 2012; or (vi) any regulations made under section 29A or 29B of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or Section 276 In section 276(2)(a), after “Resource Management Act 1991”, insert “or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012”. In section 276(2)(c), after “Resource Management Act 1991”, insert “or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012”. Section 387 Repeal section 387(1)(d). Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 53 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337389 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337603 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337607 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM337607 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338335 Section 388 In section 388(i), delete “and offshore installations”. In section 388(l), replace “New Zealand continental waters” with “the high seas”. Section 389 In section 389(1)(b) to (e), replace “section 262” with “section 262 or 262A”. Replace section 389(1)(g) with: (g) to specify the terms and conditions of permits or any class of permit granted under section 262: (ga) to specify the maximum duration of permits or any class of permit gran ted under section 262 or 262A: (gb) to authorise the Director to specify the duration of a permit granted under section 262 or 262A by reference to— (i) a period of time that must be no longer than the maximum dura tion specified for the permit under paragraph (ga) (if one is speci fied); or (ii) the duration of the dumping operation authorised by the permit: Section 397 In section 397(2)(a), (b), and (c), replace “Act or of the Resource Management Act 1991;” with “Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012;”. In section 397(7), replace “Act or the Resource Management Act 1991,” with “Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continen tal Shelf (Environmental Effects) Act 2012,”. Section 463 Replace section 463(2) with: (2) A District Court Judge may order a Customs officer or another officer named by the Judge to detain a ship if— (a) a person has been convicted of an offence described in subsection (2B) in relation to the ship; and (b) property has been, or is likely to be, damaged by the discharge; and (c) none of the owners of the ship reside in New Zealand. (2A) The ship may be detained until security has been provided for costs, damages, or other money that may be payable as a result of civil proceedings. (2B) The offences relate to— (a) the discharge of a harmful substance from a ship in breach of this Act: (b) contravening or permitting a contravention of section 15B of the Re source Management Act 1991: Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 54 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338336 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338336 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338337 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338337 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338350 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338350 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338893 Section 463—continued (c) a breach of section 20C of the Exclusive Economic Zone and Continen tal Shelf (Environmental Effects) Act 2012. In section 463(3), replace “A certificate” with “Despite subsection (2), a certificate”. Section 464 Replace section 464 with: 464 Agents’ contracts of indemnity (1) This section applies to a person (the agent) who enters into an agreement to act as the agent in New Zealand of the owner, charterer, manager, or operator of a ship. (2) The agent may enter into a contract of indemnity under which the owner, char terer, manager, or operator agrees to indemnify the agent for any sum for which the agent may become liable as a result of proceedings (whether civil or crim inal) against the agent, in that capacity, in any court under any provision of any 1 or more of this Act, the Resource Management Act 1991, and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. (3) A New Zealand court may enforce the contract of indemnity only if the pro ceedings do not result from the wilful act or neglect or default of the agent. New section 467A After section 467, insert: 467A Provisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply Section 20 and subpart 2 of Part 2 of the Exclusive Economic Zone and Con tinental Shelf (Environmental Effects) Act 2012 do not apply to— (a) anything done by or on behalf of the Director under section 248 or 249 or by or on behalf of any person in accordance with any instructions under either of those sections; or (b) anything done by or on behalf of an on-scene commander— (i) under section 305 or 311; or (ii) in accordance with a direction given under section 310; or (c) anything done by or on behalf of the master or owner of any ship, or the owner or operator of any oil storage or transfer site or offshore installa tion or any other person in accordance with a direction given under sec tion 305 or 311; or (d) anything done by or on behalf of the Director, or by any person in ac cordance with any instruction issued by the Director, under section 305 or 311. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 1 55 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338893 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338895 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM338898 Part 2 Consequential amendments to Marine Protection Rules Part 180 Rule 180.3 Replace rule 180.3 with: 180.3 Application of rules (1) Rules 180.4 to 180.11 apply to the application for, and issuing of, permits under section 262 of the Act. (2) Rule 180.12 applies to the application for, and issuing of, emergency dumping permits under section 262A of the Act. Rule 180.12 Replace rule 180.12 with: 180.12 Emergency dumping (1) An application for an emergency dumping permit must comply with rule 180.4(1). (2) The Director may, in writing, require a person who made an application to— (a) elaborate on information provided in the application; and (b) provide additional information. (3) Rule 180.9 applies to the emergency dumping permit. (4) Rules 180.5 to 180.8 and 180.10 and 180.11 do not apply to the application. Schedule 1 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 56 Schedule 2 New Schedule inserted s 46 Schedule Hearings of applications for marine consents for non-notified activities s 44B 1 Hearing date and notice (1) If a hearing of an application for a marine consent for a non-notified activity is to be held, the Environmental Protection Authority must fix a commencement date and time and the place of the hearing. (2) The EPA— (a) must give the applicant reasonable notice of the commencement date and time and the place of a hearing: (b) may give the applicant directions as to evidence and the general conduct of the hearing. 2 Hearings to be without unnecessary formality (1) The EPA may hold a hearing of an application for a marine consent for a non notified activity in public or in private. (2) The EPA must establish a procedure for a hearing that is appropriate and fair in the circumstances. (3) In determining an appropriate and fair procedure for a hearing, the EPA must— (a) avoid unnecessary formality; and (b) recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori, and the Maori Language Act 1987 applies accord ingly. (4) The applicant may question a party or witness if the EPA gives permission. 3 Persons who may be heard at hearings (1) At a hearing, the applicant may speak (either personally or through a represen tative) and call evidence. (2) The Environmental Protection Authority may proceed with a hearing even if the applicant fails to appear at the hearing if the EPA considers it fair and reasonable to do so. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 2 57 4 Provisions relating to hearings (1) The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing: (a) section 4 (which gives powers to maintain order): (b) section 4B (which relates to evidence): (c) section 4D (which gives power to summon witnesses): (d) section 5 (which relates to the service of a summons): (e) section 6 (which relates to the protection of persons appearing before the Commission): (f) section 7 (which relates to allowances for witnesses). (2) Every summons to a witness to appear at a hearing must be in the prescribed form and be signed on behalf of the Environmental Protection Authority or by the chairperson of the committee that is to conduct the hearing. (3) All allowances for a witness must be paid by the party on whose behalf the wit ness is called. (4) At a hearing, the following persons must give to the EPA any information and advice that is relevant and reasonably necessary to decide the application if the EPA asks for it: (a) a person who reviewed the impact assessment or provided advice or in formation under section 44: (b) a person who is heard or represented at the hearing. 5 Control of hearings The Environmental Protection Authority may exercise a power under clause 6 or 7 after considering whether the scale and significance of the hearing makes the exercise of the power appropriate. 6 Directions to provide evidence within time limits (1) The Environmental Protection Authority may direct the applicant to provide briefs of evidence to the EPA before the hearing. (2) The EPA must set a reasonable time within which the applicant must provide the briefs of evidence. (3) The applicant must provide its briefs of evidence as required by the EPA under subclauses (1) and (2). 7 Directions before or at hearings (1) Before or at the hearing, the Environmental Protection Authority may do 1 or more of the following: (a) specify the order of business at the hearing, including the order in which evidence is presented: Schedule 2 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 58 (b) direct that evidence be— (i) recorded; or (ii) taken as read; or (iii) limited to matters in dispute: (c) direct the applicant, when presenting evidence or his or her own submis sion, to present it within a time limit. (2) At the hearing, the EPA may seek advice or information under section 44(1) on an application or the activity to which the application relates, if the applicant agrees. (3) The EPA must provide copies of the advice or information to the applicant. Reprinted as at 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Schedule 2 59 Reprints notes 1 General This is a reprint of the Exclusive Economic Zone and Continental Shelf (Envir onmental Effects) Amendment Act 2013 that incorporates all the amendments to that Act 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 elec tronic version also has official status. 3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia ment.govt.nz/editorial-conventions/. 4 Amendments incorporated in this reprint Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015 (LI 2015/227) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2014 (LI 2014/42) Wellington, New Zealand: Published under the authority of the New Zealand Government—2015 Notes Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Reprinted as at 31 October 2015 60 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998516 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998515 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998532 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998532 http://www.pco.parliament.govt.nz/editorial-conventions/ http://www.pco.parliament.govt.nz/editorial-conventions/ http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6593477 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6593477 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5933800 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5933800