Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938982598.pdf (New Zealand)
2006/342 Marine Protection (Offences) Amendment Regulations (No 2) 2006 Pursuant to section 394 of the Maritime Transport Act 1994, His Ex­ cellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
1 2 3 4 1 2 3 Contents Title Commencement Principal regulations amended Schedule 1 amended Schedule New offence provisions and penalties added to Schedule 1 of principal regulations Page 1 1 1 2 2 Title These regulations are the Marine Protection (Offences) Amendment Regulations (No 2) 2006.

Commencement These regulations come into force on 14 December 2006.

Principal regulations amended These regulations amend the Marine Protection (Offences) Regulations 1998.
1 Marine Protection (Offences) Amendment Regulations (No 2) 2006 2006/342 Schedule 1 amended Schedule 1 is amended by inserting, in their appropriate order, the items set out in the Schedule.
Schedule New offence provisions and penalties added to Schedule 1 of principal regulations r 4 r 4 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Part 130B Oil transfer site marine oil spill contingency plans Rule 130B.4 No person may operate oil transfer site without approved contingency plan that complies with certain requirements Rule 130B.8(a) Operator of oil transfer site must ensure certain personnel receive appropriate training Rule 130B.8(c) Operator of oil transfer site must maintain access to equipment to deal with oil spill 3 5,000 30,000 2,000 12,000 5,000 30,000 2,000 12,000 5,000 30,000 2,000 12,000 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 4 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 130B.8(d) Operator of oil transfer site must, when called upon by the Director, justify response option in contingency plan as effective and achievable Rule 130B.9(1) Operator of oil transfer site must keep Director’s written approval with approved site marine oil spill contingency plan, and make both documents available to Director on request 3,000 20,000 1,200 7,200 3,000 20,000 1,200 7,200 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 130B.9(3) Operator must, as soon as practicable, supply a copy of Director’s
 written approval and approved contingency plan to Director, District Chief Ofﬁcer, and regional on­scene commander (if any) Operator of oil transfer site must ensure contingency plan is tested and reviewed Operator of oil transfer site must keep record of every test and review, and the results and ﬁndings 3,000 20,000 1,200 7,200 3,000 20,000 1,200 7,200 2,500 15,000 500 3,000 Rule 130B.10(1) Rule 130B.10(2) 5 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 6 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 130B.10(3) Rule 130B.11(1) Rule 130B.11(2) Rule 130B.12(1) Operator of oil transfer site must determine and implement changes to contingency plan Operator of oil transfer site must ensure any modiﬁcation to contingency plan is notiﬁed Operator of oil transfer site must keep a record of action(s) taken in accordance with Rule 130B.11(1) Operator of oil transfer site must obtain approval for modiﬁcations to contingency plan 2,500 15,000 500 6,000 1,250 6,000 500 3,000 1,250 6,000 500 3,000 5,000 30,000 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 130B.13 Operator of oil transfer site must report any marine oil spill Part 200 Offshore installations–­discharges Rule 200.4 Rule 200.8(1) No person may operate an offshore installation without discharge management plan approved by Director Owner must keep approved discharge management plan with
 Director’s written approval, and make both documents available to the Director on request – – 2,000 1,200 5,000 30,000 – – – – 500 3,000 7 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 8 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.8(3) If installation is within a region, owner must supply a copy of Director’s written approval and approved discharge management plan to regional on­scene commander as soon as practicable after approval is issued Rule 200.9(1) Owner must apply to Director for approval of modiﬁcation to discharge management plan 1,250 6,000 500 3,000 5,000 30,000 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.10(1) Owner must notify Director and every person holding a copy of discharge management plan required to be kept or supplied under Rule 200.8 of modiﬁcation made to discharge management plan 1,250 6,000 Rule 200.10(2) Owner must keep record of action(s) taken in accordance with Rule 200.10(1) 1,250 6,000 Rule 200.11 Owner of installation must–­ 500 500 3,000 3,000 (a) ensure personnel receive appropriate training; and (b) keep a record of training; and 5,000 1,250 30,000 6,000 2,000 12,000 500 3,000 9 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 1 0 Maximum penalty on summary conviction for individual Maximum penalty
 on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ (c) maintain access to equipment to deal with spill at appropriate level; and (d) when requested by Director, justify response option identiﬁed in discharge management plan as effective and achievable 5,000 30,000 2,000 12,000 1,250 6,000 500 3,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.12(1) Owner of installation must test emergency response procedures at least every 12 months and review effectiveness of procedures as soon as practicable after every test, every use of procedures, and any change in procedures or equipment for site (other than direct replacement of equipment) 5,000 30,000 2,000 12,000 Rule 200.12(2) Owner must keep a record of every test and review made under Rule 200.12(1), and results and ﬁndings 2,500 15,000 500 3,000 1 1 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 1 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.12(3) Following every review of emergency response procedures, owner must determine and implement modiﬁcations to discharge management plan immediately, for modiﬁcations to 24 hour contact list or reassignment of personnel responsibilities, or on approval of Director 2,500 15,000 500 3,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6
 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.13 Owner of controlled offshore installation must ensure no harmful substance, nor degradation or transformation product of any harmful substance, is discharged from controlled offshore installation, unless harmful substance is speciﬁed in approved discharge management plan and discharged in accordance with plan – – 2,000 12,000 1 3 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 1 4 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.14(1)(a) Owner of controlled offshore installation must, by use of best practicable option, ensure dispersed oil content of production water, displacement water, or offshore processing drainage discharged from controlled offshore installation is measured by method approved by Director in discharge management plan at least twice daily, at intervals of approximately 12 hours Rule 200.14(4) If dispersed oil content of production water, displacement water, or offshore processing drainage exceeds–­ – – 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ (a) limit in Rule 200.14(1)(b), owner must report
 excess to Director as soon as practicable; and (b) limit in Rule 200.14(4)(b), owner must report excess as marine oil spill in accordance with Rule 200.22 No person may discharge garbage from a controlled offshore installation except food waste that has passed through a comminuter or grinder and is capable of passing through a screen with openings no greater than 25mm2 Rule 200.15 1 5 3,000 20,000 1,200 7,200 5,000 30,000 2,000 12,000 – – 2,000 1,200 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 1 6 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.16(1) Owner of controlled offshore installation Rule 200.18 must ensure no drilling ﬂuid is used unless ﬂuid is water or synthetic­based, and is speciﬁed in approved discharge management plan and discharged in accordance with that plan Owner must ensure that oil residue that cannot be discharged into sea in accordance with Rule 200.17 is retained on board installation, ofﬂoaded as cargo, or discharged to a reception facility 5,000 30,000 2,000 12,000 – – 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.19(1) Owner of offshore installation must ensure installation is ﬁtted with oil ﬁltering equipment meeting certain requirements Rule 200.19(2) Offshore installation of 10,000 gross tons or more must have oil ﬁltering equipment (as provided in accordance with Rule 200.19(1)) ﬁtted with alarm and
 arrangements to ensure discharge of oily mixture is automatically stopped if oil content of efﬂuent exceeds 15 parts per million 1 7 5,000 30,000 2,000 12,000 5,000 30,000 2,000 12,000 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 1 8 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.20 Owner of offshore installation must ensure that installation is ﬁtted with tank(s) to hold oily residues that cannot be dealt with in accordance with this Part, and are designed and constructed to be cleaned and emptied at reception facility 5,000 30,000 2,000 12,000 Rule 200.21(1) Owner must provide installation with oil record book in approved form 4,000 25,000 1,000 6,000 Rule 200.21(2) Owner must ensure that an entry is made in oil record book of certain operations takingplace on installation 4,000 25,000 1,000 6,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.21(3) Owner must ensure that an entry is made in oil record book of certain discharges 4,000 25,000 1,000 6,000 Rule 200.21(4) Owner must ensure that a statement is made in oil record book of the circumstances of and reason for discharge or escape of oil or oily mixtures Rule 200.21(7) Owner must ensure oil record book is 4,000 25,000 1,000 6,000 kept on board and available for inspection 4,000 25,000 1,000 6,000 1 9 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f
 e n c e s ) A m e n d m e n t S c h e d u l e 2 0 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.21(8) Owner must ensure that a true copy of every completed page of installation’s oil record book is forwarded to Director within 15 working days of end of month in which completed Rule 200.21(9) Owner must preserve oil record book for 3 years after last entry Rule 200.22(1) Owner of offshore installation must report oil spill Rule 200.22(2) Owner of controlled offshore installation must report spill of harmful substance 1,250 7,500 500 3,000 5,000 30,000 2,000 12,000 – – – – 2,000 12,000 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.22(3) Person responsible for implementing emergency response plan must report oil spill that he or she considers cannot be contained or cleaned up using resources available Rule 200.23(1) Owner must ensure accident or defect is reported in accordance with Rule 200.23(2) Rule 200.24(1) Owner of offshore installation must ensure there is, held in respect of installation, a valid international oil pollution prevention certiﬁcate 2 1 – – 2,000 12,000 5,000 30,000 2,000 12,000 2,500 15,000 1,000 6,000 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e 2 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment
 fee for person other than individual Provision Brief description $ $ $ $ Rule 200.24(2) Owner must ensure that international oil pollution prevention certiﬁcate held in respect of installation is kept on board and available for inspection by Director Rule 200.25(1) Owner of offshore installation must ensure that installation undergoes initial survey, renewal surveys, annual survey, and intermediate survey 2,500 15,000 1,000 6,000 5,000 30,000 2,000 12,000 S c h e d u l e R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t 2 0 0 6 / 3 4 2 Maximum penalty on summary conviction for individual Maximum penalty on summary conviction for body corporate Infringe­ ment fee for indi­ vidual Infringe­ ment fee for person other than individual Provision Brief description $ $ $ $ Rule 200.29(1) Owner of offshore installation must ensure that offshore installation’s equipment is maintained Rule 200.29(2) Owner must ensure no change is made to installation’s structure, equipment, systems, ﬁttings, arrangements, or material covered by survey, without approval of surveyor (except direct replacement of equipment and ﬁttings) 5,000 30,000 2,000 12,000 5,000 30,000 2,000 1,200 2 3 2 0 0 6 / 3 4 2 R e g u l a t i o n s ( N o 2 ) 2 0 0 6 M a r i n e P r o t e c t i o n ( O f f e n c e s ) A m e n d m e n t S c h e d u l e Explanatory note Marine Protection (Offences) Amendment Regulations (No 2) 2006 2006/342 Diane Morcom, Clerk of the Executive Council.
Part 130B (Oil transfer site marine oil spill contingency plans): Part 200 (Offshore installations—discharges).

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 14 December 2006, amend Schedule 1 of the Marine Protection (Offences) Regulations 1998 by inserting references to certain provisions in the following Marine Protection Rules (the rules): •• •• The amendments prescribe the breaches of Part 130B and Part 200 of the rules that are summary offences, the breaches that are infringe­ ment offences, and prescribe the ﬁnes and infringement fees for those offences.
Part 130B of the rules prescribes requirements for operators of oil transfer sites to develop contingency plans for dealing with oil spills into New Zealand’s internal waters, territorial sea, and exclusive eco­ nomic zone.

Part 200 of the rules seeks to prevent the marine environment from being polluted by substances that are used or produced during min­ eral exploration and exploitation in offshore installations.

Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notiﬁcation in Gazette: 16 November 2006.

24