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Marine Pollution Rules 1998

TULAFONO A TOKELAU 2005

MARINE POLLUTION RULES 1998

1. Name

These are the Marine Pollution Rules 1998.

2. Interpretation and purpose

(1) In these Rules, "the Act" means the Maritime Transport Act 1994 of the New Zealand Parliament.

(2) The purpose of these Rules is to provide for the operation of prescribed principles of the Act in Tokelau in order to comply with New Zealand's treaty obligations in respect of Tokelau under the Convention for the Protection of Natural Resources and Environment of the South Pacific Region 1986 and the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978.

3. Provisions relating to marine pollution

(1) Subject to these Rules, to the amendments listed in the Schedule to these Rules and to all modifications necessary for their application to Tokelau, sections 2(1), 222, 225-228, 232(1), 233, 237-239, 242-244, 246-248, 250-253, 256-266, 281, 299, 305, 315-317, 327, 342, 344, 355-360, 368(1), 409, 424-426 and 428 of the Act are Tokelau law.

(2) In the application of the prescribed sections of the Act to Tokelau —

(i) "New Zealand", in the references to "Exclusive Economic Zone of New Zealand", "internal waters of New Zealand", "territorial sea of New Zealand", "New Zealand marine waters", "port in New Zealand" and in sections 258(a) and 261(2), is to be read as "Tokelau";
(ii) "Director" is to be read as "Council for the Ongoing Government";
(iii) "regional council" is to be read as "Council for the Ongoing Government";
(iv) "District Court" is to be read as "High Court";
(v) references to the Resource Management Act 1991 are deleted;
(vi) references to "continental shelf", "continental shelf of New Zealand" and "New Zealand continental waters" are deleted;
(vii) "National On-Scene Commander" and "Regional on-scene commander" are to be read as "On-scene commander"; and
(viii) "Convention Area" has the meaning given to it by Article 2 of the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region.

4. Implementation

In carrying out their functions under these Rules, the Council for the Ongoing Government shall act after consultation with and in accordance with the advice of the Director of the Maritime Safety Authority appointed under section 439 of the Act.

5. Jurisdiction

The prosecution of any offence against these Rules shall be by the Council for the Ongoing Government, for Tokelau before the High Court of New Zealand in the exercise of its jurisdiction under section 3 of the Tokelau Amendment Act 1986.

6. Repeal [Spent]
   

SCHEDULE