Secondary legislation
In force
Latest version
as at 04 July 2022 (as made)
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SL 2022/211
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Administered by Ministry of Transport
Marine Protection (Offences) Amendment Regulations 2022
2022/211
Marine Protection (Offences) Amendment Regulations 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 4th day of July 2022
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 394 of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.
Regulations
1 Title
These regulations are the Marine Protection (Offences) Amendment Regulations 2022.
2 Commencement
These regulations come into force on 26 August 2022.
3 Principal regulations
These regulations amend the Marine Protection (Offences) Regulations 1998.
4 Schedule 1 amended
Amend Schedule 1 of the principal regulations as set out in the Schedule of these regulations.
Schedule Schedule 1 amended
New item relating to Part 100
Before the item relating to Part 101A, insert:
| Part 100 | Port reception facilities | ||||||||
| Rule 100.14 | Person must ensure that port has reception facilities for Annex VI substances | — | 35,000 | — | 7,000 |
New items relating to Part 199
After the item relating to rule 190.4, insert:
| Part 199 | Prevention of air pollution from ships | ||||||||
| Rule 199.20(a) | Owner and master of ship must ensure equipment on ship is maintained to conform with Annex VI provisions | 10,000 | 35,000 | — | — | ||||
| Rule 199.20(b) | Owner and master of ship must ensure no change is made to equipment, etc, after survey without approval | 10,000 | 35,000 | — | — | ||||
| Rule 199.23(2) | Owner and master of ship must report occurrences | 10,000 | 50,000 | — | — | ||||
| Rule 199.41(2) | Owner and master of ship must ensure IAPP certificate is carried on board and available for inspection | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.51(2) | Owner and master of ship must ensure IEE certificate is carried on board and available for inspection | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.61 | Person must not deliberately cause emission from ship of ozone depleting substance | 10,000 | 50,000 | — | — | ||||
| Rule 199.62 | Owner and master of ship must ensure that no installation containing ozone depleting substances is on ship | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.63 | Owner and master of ship must ensure ozone depleting substances and equipment containing ozone depleting substances, when removed from ship, are delivered to reception facility | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.64 | Owner and master of ship must maintain list of all systems and equipment containing ozone depleting substances | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.65(2) | Owner and master of ship with rechargeable system containing ozone depleting substances must maintain ozone depleting substances record book | 3,750 | 12,500 | — | — | ||||
| Rule 199.65(3) | Master of ship with rechargeable system containing ozone depleting substances must ensure ozone depleting substances record book kept on board ship | 3,750 | 12,500 | — | — | ||||
| Rule 199.66(2) | Master of ship must ensure that on occurrence of certain events (as specified in rule 199.66(3)) entries are made in ozone depleting substances record book without delay | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.84 | Owner and master of ship must ensure an approved technical file is held for the specified time, maintained in good order, carried on board ship, and readily available for inspection for each marine diesel engine installed on ship | 3,750 | 12,500 | — | — | ||||
| Rule 199.86(1)(a) | Owner and master of ship must ensure a valid EIAPP certificate is held for each marine diesel engine installed on ship | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.86(1)(c) | Owner and master of ship must ensure EIAPP certificate is carried on board and available for inspection | 3,750 | 12,500 | — | — | ||||
| Rule 199.89(1) | Owner and master of ship must ensure record is kept on board containing information on tier and on/off status of marine diesel engines when ship enters or leaves NOx Tier III emission control area | 3,750 | 12,500 | — | — | ||||
| Rule 199.90 | Owner and master of ship with marine diesel engine must maintain and keep on board ship record of engine parameters | 3,750 | 12,500 | — | — | ||||
| Rule 199.104(2) | Owner and master of ship must ensure ship carries written procedure for change-over of fuel oil | 10,000 | 50,000 | — | — | ||||
| Rule 199.104(3) | Owner and master of ship must fully flush fuel oil service system in accordance with written procedure | 10,000 | 50,000 | — | — | ||||
| Rule 199.104(4) | Owner and master of ship must record information relating to fuel change-over in a log-book that is kept on board ship | 3,750 | 12,500 | — | — | ||||
| Rule 199.122 | Owner and master of New Zealand tanker within designated port or terminal must ensure tanker is equipped with and uses a vapour emission collection system approved by Director | 10,000 | 50,000 | — | — | ||||
| Rule 199.123 | Owner and master of New Zealand tanker must ensure tanker carrying crude oil carries on board the Volatile Organic Compounds Management Plan approved by Director | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.142(1) | Owner and master of ship must comply with specified rules to ensure incineration of Annex VI substances and its process are in accordance with regulation 16 of Annex VI | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.142(2) | Owner and master of ship must comply with all other applicable requirements to assure quality of incineration system on board the ship | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.162 | Owner and master of ship must ensure quality of fuel oil used on board meets requirements set out in regulation 18 of Annex VI | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.163(3) | Owner and master of ship must ensure that label attached to representative fuel oil sample is signed, and retain bunker delivery note | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.163(4) | Owner and master of ship must retain representative fuel oil sample for specified period in a manner consistent with IMO guidance | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.164(4) | Owner and master of New Zealand ship of 400 gross tonnage or more or New Zealand platform must ensure a sampling point is fitted or designated for the purpose of taking samples of fuel oil in use on ship | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.166 | Owner and master of ship must notify Director and, where applicable, the competent authority when unable to purchase compliant fuel oil for use on board ship | 10,000 | 50,000 | — | — | ||||
| Rule 199.184(1) | Owner and master of ship must ensure Attained EEDI is calculated at specified times | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.184(2) | Owner and master of ship must ensure Attained EEDI is calculated according to specified requirements and meets standards and requirements in Annex VI | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.184(5) | Owner and master of carbon intensity ship must ensure Attained EEDI of ship is less than or equal to Required EEDI | 10,000 | 50,000 | — | — | ||||
| Rule 199.201 | Owner and master of ship must ensure a SEEMP is prepared for ship and complied with | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.202 | Owner and master of ship must ensure SEEMP is kept on board | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.225 | Owner and master of ship must ensure Statement of Compliance is kept on board for at least 5 years | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.341(2)(b) | Owner and master of ship must ensure certificate is carried on board the ship, ensure certificate is readily available for inspection by Director and by authorised persons acting on behalf of a Party State at all times, and comply with the conditions to which the certificate is subject | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.361 | Person must not deliberately cause emission from ship of ozone depleting substance | 10,000 | 50,000 | — | — | ||||
| Rule 199.362 | Owner and master of ship must ensure that no installation containing ozone depleting substances is on ship | 10,000 | 35,000 | 2,000 | 10,000 | ||||
| Rule 199.363 | Owner and master of ship must ensure ozone depleting substances and equipment containing ozone depleting substances, when removed from ship, are delivered to reception facility | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.364 | Owner and master of ship must maintain and keep on board a list of all systems and equipment containing ozone depleting substances | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.365(2) | Owner and master of ship with rechargeable system containing ozone depleting substances must maintain ozone depleting substances record book | 3,750 | 12,500 | — | — | ||||
| Rule 199.365(3) | Master of ship with rechargeable system containing ozone depleting substances must ensure ozone depleting substances record book kept on board ship | 3,750 | 12,500 | — | — | ||||
| Rule 199.366 | Master of New Zealand ship of 400 gross tonnage or more must ensure that on occurrence of certain events (as specified in rule 199.366(3)) entries are made in ozone depleting substances record book without delay | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.384 | Owner and master of ship must ensure marine diesel engine is not operated on ship in contravention of specified requirements–ships to which subsection C3A applies | 10,000 | 50,000 | — | — | ||||
| Rule 199.387 | Owner and master of ship must ensure marine diesel engine is not operated on ship in contravention of specified requirements–other ships | 10,000 | 50,000 | — | — | ||||
| Rule 199.388 | Owner and master of ship must ensure approved Technical File for each marine diesel engine is maintained, held on board ship, and available for inspection | 3,750 | 12,500 | — | — | ||||
| Rule 199.390(1)(a) | Owner and master of ship must ensure EIAPP Certificate is held for each marine diesel engine | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.390(1)(c) | Owner and master of ship must ensure EIAPP is carried on board and available for inspection | 3,750 | 12,500 | — | — | ||||
| Rule 199.393(1) | Owner and master of ship must ensure a record is kept on board containing information on tier and on/off status of marine diesel engines when ship enters or leaves NOx Tier III emission control area | 3,750 | 12,500 | — | — | ||||
| Rule 199.394 | Owner and master of ship with a marine diesel engine must maintain a record book of engine parameters | 3,750 | 12,500 | — | — | ||||
| Rule 199.404(2) | Owner and master of ship must ensure ship carries a written procedure for change-over of fuel oil | 10,000 | 50,000 | — | — | ||||
| Rule 199.404(3) | Owner and master of ship must fully flush fuel oil service system in accordance with written procedure | 10,000 | 50,000 | — | — | ||||
| Rule 199.404(4) | Owner and master of ship must record information relating to fuel change-over in a log-book that is kept on board ship | 3,750 | 12,500 | — | — | ||||
| Rule 199.422 | Owner and master must ensure New Zealand tanker carrying crude oil has a Volatile Organic Compounds Management Plan approved by Director | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.442(1) | Owner and master of ship must comply with specified rules to ensure incineration of Annex VI substances and its process are in accordance with regulation 16 of Annex VI | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.442(2) | Owner and master of ship must comply with all other applicable requirements to assure quality of incineration system on board the ship | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.462 | Owner and master of ship must ensure quality of fuel oil used on board for combustion purposes meets requirements set out in regulation 18 of Annex VI | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.463 | Owner and master of ship must retain bunker delivery note on board ship | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.464(4) | Owner and master of New Zealand ship of 400 gross tonnage or more or platform must ensure a sampling point is fitted or designated for the purpose of taking samples of fuel oil in use on ship | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.466 | Owner and master of ship must notify Director when unable to purchase compliant fuel oil for use on board ship | 10,000 | 50,000 | — | — | ||||
| Rule 199.484(1) | Owner and master of ship must ensure Attained EEDI is calculated at specified times | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.484(2) | Owner and master of ship must ensure Attained EEDI is calculated, meets standards and requirements, is accompanied by technical file, and is verified | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.484(5) | Owner and master of ship must ensure Attained EEDI of ship is less than or equal to Required EEDI | 10,000 | 50,000 | ||||||
| Rule 199.501 | Owner and master of ship must ensure a SEEMP is prepared for ship and complied with | 10,000 | 50,000 | 2,000 | 10,000 | ||||
| Rule 199.502 | Owner and master of ship must ensure SEEMP is kept on board | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.525 | Owner and master of ship must ensure Statement of Compliance is kept on board for at least 5 years | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.611(3) | Owner and master of foreign ship must ensure that certificates and documents required by Annex VI are carried on board and available for inspection | 3,750 | 12,500 | 750 | 2,500 | ||||
| Rule 199.612 | Owner and master of foreign ship must hold and keep on board ship valid Statement of Compliance or documentary evidence | 10,000 | 35,000 | 2,000 | 7,000 | ||||
| Rule 199.613 | Owner and master of foreign ship must notify Director when unable to purchase compliant fuel oil for combustion | 10,000 | 50,000 | — | — |
Rachel Hayward,
Acting Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 26 August 2022, amend the Marine Protection (Offences) Regulations 1998 (the principal regulations).
Part 199 of the Marine Protection Rules contains rules that relate to the prevention of air pollution from ships to give effect to New Zealand’s international obligations following New Zealand’s accession to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). Annex VI of MARPOL enters into force for New Zealand on 26 August 2022.
These regulations mainly prescribe the breaches of Part 199 of the Marine Protection Rules that constitute offences and infringement offences, and prescribe the associated penalties and infringement fees for those offences and infringement offences, respectively.
Date of notification in Gazette: 7 July 2022.
These regulations are administered by the Ministry of Transport.
Secondary legislation
In force
Latest version
as at 04 July 2022 (as made)