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Environmental Initiatives

New Zealand Marine Pollution Regulations

The Resource Management (Marine Pollution) Regulations 1998 create a nationwide "code" for the discharge of pollutants from ships (subject to limited rights of amendments by Regional Councils). The definition of "ship" in the Resource Management Act covers anything from a kayak or a dinghy to a commercial freighter. The regulations apply only within the Coastal Marine Area (CMA) - the area of coastal sea between mean high water spring (MHWS) and the territorial sea limit (ie 12 miles from the shore).

The important regulations for recreational boaties are those controlling sewage discharge, the disposal of garbage, and discharges as part of the normal ship operations.

Resource Management (Marine Pollution) Regulations 1998 relevant to recreational boating

Following are excerpts from the Regulations that impact most on New Zealand recreational boaties.

DEFINITION OF "HARMFUL SUBSTANCES"

The following substances are harmful substances for the purposes of the definition of the term "harmful substances" in section 2 (1) of the Act:

  1. Petroleum in any form, including crude oil, fuel oil, sludge, oil refuse, and refined petroleum products (other than petrochemicals which are noxious liquid substances); and includes the substances specified in Schedule 2:
  2. Any substance specified in Schedule 1 and any mixture of those substances if carried in bulk in a ship:
  3. Drainage and other wastes from any form of toilet, urinal, or toilet scupper on a ship or offshore installation:
  4. Drainage from wash basins, wash tubs, and scuppers located in the dispensary, sick bay, or other medical premises of a ship or offshore installation:
  5. Drainage from spaces on a ship or offshore installation containing living animals:
  6. Waste water from a ship or offshore installation mixed with the drainage and waste specified in paragraphs (c), (d), or (e):
  7. All victual, domestic, and operational waste (other than fresh fish or parts of fresh fish) generated during the normal operations of a ship or offshore installation and liable to be discharged continuously or periodically.

4. DUMPING OF WASTE OR OTHER MATTER

  1. The dumping of waste or other matter, other than the waste or other matter specified in subclauses (2) and (3), in the coastal marine area from any ship, aircraft, or offshore installation is deemed to be a prohibited activity in any regional coastal plan or proposed regional coastal plan.
  2. In the coastal marine area the dumping of the following waste or other matter is deemed to be a discretionary activity in any regional coastal plan or proposed regional coastal plan:

    1. Dredge material:
    2. Sewage sludge:
    3. Fish processing waste from an onshore facility:
    4. Ships and platforms or other man-made structures at sea:
    5. Inert, inorganic geological material:
    6. Organic materials of natural origin:
    7. Bulky items consisting mainly of iron, steel, and concrete.
  3. This clause does not apply to--

    1. The dumping or storage of waste or other matter arising directly from, or related to, the exploration, exploitation, and associated offshore processing of, seabed mineral resources; or
    2. A discharge made in accordance with section 15B of the Act or Part 3 of these regulations.

10. DISCHARGE OF NOXIOUS LIQUID SUBSTANCES

Any person may, in the coastal marine area, discharge from any ship carrying in bulk a noxious liquid substance, any noxious liquid substance if that noxious liquid substance is part of a discharge of clean ballast water or segregated ballast water.

11. DISCHARGE OF SEWAGE IN COASTAL MARINE AREAS

  1. No person may discharge sewage in the coastal marine area from a ship or offshore installation unless that discharge occurs--

    1. More than 500 metres (0.27 nautical miles) seaward from mean high water springs; and
    2. More than 500 metres (0.27 nautical miles) from a marine farm; and
    3. In water depths greater than 5 metres.
  2. A rule may only be included in a regional coastal plan or a proposed regional coastal plan relating to the discharges under this regulation if--

    1. The rule increases the distances seaward or increases the depth specified in subclause (2) for any harbours, estuaries, embayments, or other parts of a region for all or any part of the year; and

12. DISCHARGE OF TREATED SEWAGE IN COASTAL MARINE AREAS

Any person may discharge treated sewage in the coastal marine area from a ship or offshore installation unless that discharge is within 100 metres of a marine farm.

13. DISCHARGE OF GARBAGE

  1. The discharge of plastics, dunnage, lining, and packaging materials in the coastal marine area from any ship is prohibited.
  2. Any person may, in the coastal marine area, discharge from any ship garbage (other than those items specified in subclause (1)), including food wastes, paper, rags, glass, metal, bottles, and crockery, if--

    1. The garbage has been comminuted or ground to a particle size of 25 millimetres or less; and
    2. The discharge occurs at least:

      1. 5500 metres (3 nautical miles) seaward of the inner limits of the territorial sea; and
      2. 500 metres (0.27 nautical miles) from any offshore installation.
  3. The discharge of garbage in the coastal marine area from any offshore installation is prohibited.

14. DISCHARGE OF BALLAST WATER

  1. Any person may discharge in the coastal marine area, from a ship or offshore installation, clean ballast water or segregated ballast water.
  2. This regulation does not authorise the discharge of clean ballast water or segregated ballast water in contravention of the Biosecurity Act 1993, regulations made under that Act, or import health standards made under section 20 of that Act.

NORMAL OPERATIONS OF A SHIP OR OFFSHORE INSTALLATION

  1. Ship propulsion.
  2. Heat exchange systems, including engine cooling systems, air conditioning, refrigeration, and condensers.
  3. Stormwater drainage from systems and scuppers, except from those areas used for the storage of any harmful substance.
  4. The use of washing facilities in the accommodation areas producing greywater from showers, handbasins, baths, galleys, dishwashers, and laundries but does not include use of any dispensary, sick bay, or other medical premises.
  5. The cleaning of the ship or offshore installation, except for the exterior of the hull below the load line or parts of the ship used for carrying cargo.
  6. The incineration of waste or other matter generated from a ship or offshore installation.
  7. Fire-fighting.
  8. The operation of a weapon system on any ship of the New Zealand Defence Force.

Click here for more information on the Resource Management (Marine Pollution) Regulations

Sir Peter Blake

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