From:
Monique Page <[email address]>
Sent:
Tuesday, 1 August 2023 3:16 pm
To:
Chloe Trim
Subject:
RE: New Zealand country report for the Noumea Convention
Attachments:
Chloe_ NZ National Country Report - Noumea Convention.doc; EPA request Template National Report Noumea Convention.docx
Note: Second attachment is out of scope of the request so has not been included below
Thanks very much for your help.
I’ve attached the last 2021 report with areas highlighted where I’m hoping EPA can provide updated info/data.
Also attached is the basic template so you can see the flow of the document.
We will be making changes to many parts of content of the 2021 report.
I have a question relating to the storage and disposal of radioactive waste (Article 10 of the Noumea Convention) section that you may know the answer to?
Our previous reports have said that NZ has prohibited the storage and disposal of radioactive waste, except through written consent, through the Radiation Protection Act
1965. However, this was repealed by the Radiation Safety Act 2016. I don’t know if sections 12 and 13 of the new Radio Safety Act apply beyond the territorial sea.
Section 259 of the Maritime Transport Act, relating to the storage of radioactive waste, was repealed by section 47(1) of the EEZ Amendment Act 2013.
But I don’t see how storage of radioactive waste (as opposed to dumping) is now covered in the EEZ Act.
I’m therefore a bit in the dark about what provisions cover the storage of radioactive waste – and if no provisions cover this, how is the issue managed in our leg?
Monique
From: Chloe Trim <[email address]>
Sent: Tuesday, August 1, 2023 2:51 PM
To: Monique Page <[email address]>
Subject: RE: New Zealand country report for the Noumea Convention
That sounds good, yes, and if we have any questions we’ll ask!
C
From: Monique Page <[email address]>
Sent: Tuesday, August 1, 2023 2:41 PM
To: Chloe Trim <[email address]>
Subject: RE: New Zealand country report for the Noumea Convention
Thanks so much.
MfE needs to get it back to MFAT by the 14th August. I’ll need to get it through out legal team and sign out prior to that.
The report covers a two year time period.
I have a template that we are filling in and also the last version of the report from 2021 as a guide.
What’s the best way for us to coordinate on this? Would you prefer that I send you the template and the 2021 report with highlighted sections for EPA input. I can then
incorporate the responses into our 2023 report.
With thanks,
Monique
From: Chloe Trim <[email address]>
Sent: Tuesday, August 1, 2023 2:22 PM
To: Monique Page <[email address]>
Subject: RE: New Zealand country report for the Noumea Convention
Hi Monique,
Yes I can coordinate information gathering for the report – what’s the approx. timeframe?
C
Chloe Trim Senior Advisor | Regulatory Systems
Telephone: 9(2)(a)
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From: Monique Page <[email address]>
Sent: Monday, July 31, 2023 1:34 PM
To: Myregel Carambas <[email address]>; Chloe Trim <[email address]>
Subject: RE: New Zealand country report for the Noumea Convention
Thanks for that.
We’re all still feeling pretty flat after the Kermadecs but have been helping on the Select Committee seabed mining inquiry, which is really interesting.
I’ll get in touch with Chloe.
Enjoy life back in the regulatory systems team.
From: Myregel Carambas <[email address]>
Sent: Monday, July 31, 2023 1:23 PM
To: Monique Page <[email address]>
Cc: Chloe Trim <[email address]>
Subject: FW: New Zealand country report for the Noumea Convention
Hi Monique,
Yes, I’m ok thanks – am back in the regulatory systems team after a secondment in the legal team. How are you?
If you get in touch with Chloe who I have copied into this email, she should be able to coordinate things for you.
Thanks
Myregel
From: Monique Page <[email address]>
Sent: Monday, July 31, 2023 1:05 PM
To: Myregel Carambas <[email address]>
Subject: New Zealand country report for the Noumea Convention
Hi Myregel,
Hope all is well with you.
MfE has been asked to prepare MFAT’s country report for the Noumea Convention.
There will be EEZ Act reporting needed, e.g. for marine discharge consents and pollution incidents.
Can you please advise who I should talk to at the EPA for this?
There may be other things needed too, I’ve only just been asked to look at this and haven’t got my head around it yet. It’s got a tight turn around time so I thought I’d best find
some contacts quickly.
Thanks in advance,
Monique
Attachment to email: Tuesday, 1 August 2023 3:16 pm
NEW ZEALAND NATIONAL REPORT TO THE PARTIES TO THE
NOUMEA CONVENTION
For the Period covering the last two years:
What are the main issues and priorities concerning marine pollution for your
country? You can attach relevant sections of annual reports, policy documents
etc.
New Zealand has a number of priorities concerning marine pollution. These priorities
inform the domestic and international response to a number of issues as set out further
below, and include:
•
ensuring a clean and safe marine environment
•
providing effective marine pollution protection
•
addressing risks and impacts of pollution on marine ecosystems from activities on
land and at sea
•
planning for mitigation of, and adaptation to climate change impacts, for example
increased risk of marine pollution from coastal landfill erosion as sea levels rise
•
reducing sources of domestic plastic pollution that affect the marine environment
Key to the first two priorities is the prevention of and response to oil pollution from
commercial and recreational vessels and offshore installations. New Zealand also has
initiatives to prevent pollution by garbage, noxious liquid substances in bulk, harmful
substances carried by sea in packaged form, the transport of harmful aquatic animals,
plants and pathogens in ballast water and ocean dumping of waste. All of these priorities
are implemented in domestic legislation, in accordance with New Zealand’s obligations
under international instruments, most notably, as required under International Maritime
Organisation (IMO) Conventions including the International Convention for the Safety of
Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from
Ships (MARPOL), the International Convention on Oil Pollution Preparedness, Response
and Cooperation (OPRC), the International Convention for the Control and Management
of Ships Ballast Water and Sediments (BWM Convention), and the London Convention
and Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter (the London Convention).
In October 2019 the Ministry for the Environment and Statistics New Zealand released
the second report on New Zealand’s Marine Environment1. The report found that New
Zealand’s marine environment faces increasing pressure from land-based and at sea
activities. This includes the effects of excess sediment and nutrients from rivers, plastic
pollution, loss of habitats, and climate change. One of the most urgent problems is that
these pressures can interact and lead to cumulative effects. Our lack of long-term data
makes it difficult to predict the nature of cumulative effects, especially given the
complexity of the marine environment. The third report on New Zealand’s overall
environment will be released in April 2022 and will include some updated marine
datasets.
Targeted work has been undertaken domestically in response to marine pollution
pressures from ships. This includes assessing the impact of discharges generated by the
1 Our Marine Environment 2019, produced under the Environmental Reporting Act 2015 can be accessed here.
‘normal operations’ of a ship. In June 2021, The Ministry for the Environment published a
marine risk assessment2 conducted by the National Institute of Water and Atmospheric
research (NIWA) on washwater discharged to the ocean by emissions-abatement
technologies (known as exhaust gas cleaning systems or ‘scrubbers’) used by large ships.
New Zealand currently has precautionary guidance3 in place for ship operators that
requests ships avoid discharging in ports or close to shore. Further evidence gathered on
the exact numbers and types of these systems in use in New Zealand gathered may
result in more stringent controls.
Targeted work has already begun to address the plastic pollution problem, with the
banning of microbeads investing in on-shore recycling of commonly produced plastics,
improving data on litter composition on our shores and regulations for the mandatory
phase out single-use plastic shopping bags. In addition, the New Zealand Government
recently announced plans to prohibit by 2025 the use of three hard-to-recycle plastic
polymer types in food and beverage packaging and six single-use plastic items. A $50
million Plastic Innovation Fund was also established to provide funding for innovative
projects that aim to reduce plastic waste and enable more sustainable plastic use.4
At the international level, New Zealand seeks progress on the reduction of plastic
pollution through our work in multilateral organisations such as the United Nations
Environment Programme and the International Maritime Organization. New Zealand is
committed to the Sustainable Development Goal on oceans (SDG 14) and its target to
prevent and significantly reduce marine pollution of all kinds, particularly from land-
based activities. We were involved in the development and implementation of the IMO’s
action plan to reduce marine plastic litter from ships, outlining an agreed course of work
to achieve this outcome. New Zealand also support the work of multi-stakeholder
alliances, such as Clean Seas Campaign, the Commonwealth Clean Ocean Alliance, the
Global Ghost Gear Initiative, and industry-led initiatives related to the New Plastics
Economy such as the Global Commitment on Plastics facilitated by the Ellen MacArthur
Foundation. Most recently, New Zealand played a crucial role in strengthening the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal to regulate plastic wastes. Within the United Nations Environment Programme,
New Zealand has been an active contributor to the expert group process exploring
options to address the global marine litter and microplastics problem. New Zealand is
supportive of more coordinated global action, including through the launch of
negotiations towards a new global agreement on marine plastic pollution.
What measures generally have you initiated to implement this Convention and
Protocols?
New Zealand’s obligations beyond the territorial sea (i.e., from 12 nautical miles
offshore) under the Convention and its respective Protocols are implemented through the
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ
Act), the Maritime Transport Act 1994 (MTA) and the Marine Protection Rules (MPR).
2 The NIWA report summary and full report documents can be accessed here
3 New Zealand’s guidance for ship operators can be read here
4 Announcement related to the plastic phase-outs and innovation fund can be found here.
The EEZ Act regulates the effects of certain activities in the Exclusive Economic Zone
(EEZ) and continental shelf including petroleum exploration and production, seabed
mining, laying submarine cables and marine scientific research. The Ministry for the
Environment (MfE) administers the EEZ Act, and is responsible for the development of
regulations and for providing policy advice on the legislation. The Environmental
Protection Authority (EPA) makes decisions on all non-notified marine consent
applications (all publically notified marine consent applications for Section 20 activities
are decided by a Board of Inquiry) and is responsible for the day-to-day operation of the
legislation, including monitoring and enforcement.
The MTA enacts the objective of an integrated, safe, responsive and sustainable transport
system that implements New Zealand’s obligations under conventions. It was amended in
2014 to facilitate accession to the following international treaties: The Protocol of 1996 to
Amend the International Convention on the Limitation of Liability for Maritime Claims
1976 (LLMC), the International Convention on Civil Liability for Bunker Oil Pollution
Damage 2001, Protocol relating to Intervention on the High Seas in Cases of Pollution by
Substances other than Oil 1973 (Intervention Protocol), and International Convention for
the Control and Management of Ships Ballast Water and Sediments 2004.
The MPR specify technical standards to protect the marine environment from pollution
from harmful substances discharged by ships, offshore installations and the dumping of
waste at sea, in accordance with, and as required under, the MTA. Part 19 of the MPR
entered into force on 1 July 2014, and requires operators to include safe operating
procedures in their operator plan, which includes, among other things, emergency
procedures and contingency planning in response to pollution. The responsibility for
marine pollution within the MTA and the MPR sits with the Minister of Transport and
Maritime New Zealand (MNZ).
New Zealand’s obligations under the Convention and its Protocols within the territorial
sea are implemented through the Resource Management Act 1991 (RMA) and the
Resource Management (Marine Pollution) Regulations 1998 (Marine Pollution
Regulations). The Marine Pollution Regulations provide standards to protect the coastal
marine area from discharges and the dumping of waste both from land-based sources
and vessels. MfE and the relevant Territorial Authority are responsible for administering
the RMA and the Marine Pollution Regulations. At present, the RMA and its associated
regulations is undergoing reform, and the new legislation will enable mandatory national
policies and standards on specified aspects including natural environmental limits,
outcomes and targets.
Give details of new or amended legislation that covers marine pollution beyond
internal waters including any definition of ‘pollution’ and the institutions
responsible.
New Zealand is currently working to accede to Annex VI of MARPOL from late 2021,
taking into account the time required to align domestic legislation with obligations under
Annex VI. The purpose of the Annex being a reduction of harmful ship emissions that
affect the climate and public health. Public consultation on the draft Marine Protection
Rules closed on 4 August 2021.
What is the estimated volume/type of marine pollution per year in the
Convention area from the following sources; the number of permits/licenses
issued; and any other measures taken to prevent, reduce and control such
pollution:
a. vessels (art. 6)
Parts 120 and 140 of the Marine Protection Rules specify the permitted operational
discharges of harmful substances and provides for reporting of non-operational
discharges (further outlined under question 8 and 9). A total of approximately 2471
litres of oil was reported as being spilled in 2019 and 6338 litres in 2020.
b. land based sources (art. 7)
During 2018/19 local government authorities processed 35,535 resource consents
through to a decision (granted or declined) under sections 88, 127 or 128 of the RMA.
2.4 per cent of all resource consents processed to a decision during 2018/19 were
coastal permits. Coastal permits relate to a variety of development activities which
may have impacts on the coastal environment.
c. mining and coastal erosion, ie, dredging, land reclamation (art.
14)
Under the provisions of the London Convention, a total of 1,727,841m3 of waste
material was dumped in New Zealand’s EEZ and Territorial Sea under permit in the
2019 period. This waste consisted mostly of dredged material for maintenance. No
radioactive waste was dumped.
No consents for seabed mining in the EEZ or on the continental shelf were granted
during the period 1 July 2019 to 30 June 2021.
d. sea-bed and sub-soil activities (art. 8)
The EEZ Act (Sections 20B and 20C) and associated regulations regulate the
discharge of harmful substances from structures and submarine pipelines, and mining
discharges from a ship. Marine discharge consents are granted for discharges of
harmful substances that are released into the marine environment (e.g. drilling
fluids/muds), and for other harmful substances that may be released into the marine
environment. Appendix 1 provides the detail of the marine discharge consents issued
including the maximum volume that is consented to be discharged. Note that the
actual volumes discharged may be less than the consented volume.
The EPA also monitors compliance with the requirements of the EEZ Act and any
marine consents.
e. discharges into atmosphere (art. 9)
41,641 resource consents were processed through to a decision (granted or declined)
during 2017/18. 7.8 per cent of all resource consents processed to a decision during
2017/18 were discharge permits. 0.1 per cent of all resource consents processed to a
decision during 2017/18 were discharge to air permits.
The EEZ Act (section 20I) regulates the incineration of waste in the exclusive
economic zone. The EPA has not granted any consents for the incineration of waste.
f. dumping and disposal from vessels, aircraft, man-made
structures of waste including radioactive waste or matter (art.
10)
The dumping is this category is made up of:
•
The dredged material referred to in
c above, which is taken by barge or ship to the
approved dumping sites; and
•
Other dumping permitted under the London Convention including vessels, platforms
or other man-made structures, and organic material of natural origin.
The EEZ Act (sections 20D to 20H) and associated regulations regulate the dumping of
waste.
Under the provisions of the London Convention and EEZ Act, a total of 71773.495 tonnes
of waste material was dumped in New Zealand’s EEZ under permit between January
Commented [A1]: Chloe, this section seems a mix of
2019 and December 2020. This waste primarily consisted of dredge material (99.99%)
London Protocol data (which you won't have) and EEZ Act
and space vehicle debris.
permitting data (which you may have).
Anything you can provide will help us here.
Jan 2019-Dec 2020
Dredge Spoil
•
Dumping consent EEZ900012:
71765000 kg (based on 1m3 = 1000kg)
Other Dumping
•
Deposit of space vehicle debris as a permitted activity: 8495 kg
Total = 71773.495 tonnes
In 2019, of the volumes of material referred to in
c above dumped in the Convention
area, 0.5m3 constituted organic material of natural origin, 1000m3 was inert inorganic
geological material, and 116,885m3 constituted coarse sand and shell.
g. the storage of toxic and hazardous wastes, including radioactive
wastes or matter (art. 11)
See response to question (5) below with respect to measures to prevent pollution
from radioactive materials.
h. testing of nuclear devices (art. 12)
The testing of nuclear explosive devices is prohibited in New Zealand law pursuant to
Section 7 of the New Zealand Nuclear Free Zone Act (NZNFZ Act), which provides
that no person shall test any nuclear explosive device in the New Zealand Nuclear
Free Zone. The New Zealand Nuclear Free Zone comprises (a) all of the land,
territory, and inland waters within the territorial limits of New Zealand (b) the internal
waters of New Zealand (c) the territorial sea of New Zealand and (d) the airspace
above the areas specified in (a) to (c). Every person who commits an offence against
the NZNFZ Act is liable on conviction on indictment to imprisonment for a term not
exceeding 10 years.
Have you prohibited the storage and disposal of radioactive waste in the
Convention area and the continental shelf beyond the Convention area? If so,
what is the legislative provision and what is the penalty? (art. 10)
New Zealand has prohibited the storage and disposal of radioactive waste in the
Convention area, except with the written consent of the Minister for the Environment.
This is undertaken through the Radiation Protection Act 1965 (RPA) and the MTA.
Commented [A2]: I don't think this is correct.
The Radiation Protection Act 1965 was repealed by the
Section 12 of RPA provides that no person other than the Minister shall, except with
Radiation Safety Act - which doesn't seem to have similar
provisions and I'm not sure if it applies beyond the territorial
the prior consent in writing of the Minister or in accordance with or as permitted by
sea.
regulations made under the RPA –
(a) Manufacture or otherwise produce; or
(b) Sell; or
(c) Bring or cause to be brought or sent into New Zealand; or
(d) Take or send out of New Zealand; or
(e) Store or transport any radioactive material.
For the purposes of this Section 12, any radioactive material shall be deemed to have
been brought into New Zealand when, in any manner whatsoever, it is brought or
comes within the territorial limits of New Zealand from any place outside those limits.
For the purposes of this Section 12, any radioactive material shall be deemed to have
been sent out of New Zealand when it is placed upon any ship or aircraft for the
purpose of being taken or carried to any place outside the territorial limits of New
Zealand.
Section 26(2) of the RPA provides that 'every person who commits an offence against
the RPA is liable on summary conviction to a fine not exceeding NZ$10,000, and,
where the offence is a continuing one, to a further fine not exceeding NZ$500 for
every day or part of a day during which the offence continues.’
The RPA also provides that where an offence is committed against the RPA by any
person who is the agent or servant of a person licensed under the RPA, or is
otherwise subject to the supervision or instructions of a person so licensed, the
person so licensed shall, without restricting the liability of the first-mentioned person,
be liable under the RPA in the same manner and to the same extent as if he had
personally committed the offence: Provided that, in any proceedings which are taken
against a person licensed under the RPA, it shall be a defence for that person to
prove that the offence was committed without his knowledge and that he exercised all
due diligence to prevent the commission of the offence. Where any company is
convicted of an offence against the RPA, every director and every officer concerned in
the management of the company shall be guilty of a like offence unless he proves
either (a) That the offence was committed without his knowledge or consent; or (b)
That he took all reasonable steps to prevent the commission of the offence.
The RPA also provides that the Governor-General may regulate to prescribe the
method of treatment or disposal of any package, container, or vessel that has been
used to convey, hold, or store any radioactive material; the manner in which and the
conditions subject to which radioactive materials may be stored or used; and to make
provision to ensure that waste products from any source whatever which contain any
radioactive substance are disposed of safely.
Part XXI of the MTA has provisions relevant to prohibitions on storing and dumping of
radioactive waste. Relevant sections as follows:
258. Dumping of radioactive waste or other radioactive matter.
(1) Radioactive waste or other radioactive matter shall not be:
a) Taken on board any ship or aircraft in New Zealand or in the internal
waters of New Zealand or in New Zealand marine waters for the
purpose of dumping that radioactive waste or other radioactive matter;
or
b) Taken on board any ship or aircraft at any controlled offshore
installation for the purpose of dumping that radioactive waste or other
radioactive matter; or
c) Dumped from any ship or aircraft into the sea or onto or into the
seabed within the exclusive economic zone of New Zealand or onto or
into the continental shelf of New Zealand beyond the outer limits of
that exclusive economic zone or the sea above that continental shelf; or
d) Dumped from a controlled offshore installation; or
e) Dumped from any New Zealand ship or any New Zealand aircraft into
the sea or onto or into the seabed beyond New Zealand continental
waters.
263. Offences in respect of radioactive waste, other radioactive
matter, toxic waste, and hazardous waste.
1) The master and the owner of a ship each commits an offence if
radioactive waste or other radioactive matter is –
a. Taken on board the ship in breach of paragraph (a) or paragraph
(b) of section 258(1); or
b. Dumped from the ship in breach of section 258(1)(c); or
c. Dumped from the ship (being a New Zealand ship) in breach of
section 258(1)(e).
2) The person in possession of, and the owner of, an aircraft each
commits an offence if radioactive waste or other radioactive matter is –
a. Taken on board the aircraft in breach of paragraph (a) or
paragraph (b) of section 258(1); or
b. Dumped from the aircraft in breach of section 258(1)(c); or
c. Dumped from the aircraft (being a New Zealand aircraft) in
breach of section 258(1)(e).
3) The owner of a controlled offshore installation commits an offence if
radioactive waste or other radioactive matter is taken onboard any
ship or aircraft at the offshore installation in breach of section
258(1)(b).
266.
Penalties
Subject to section 267, every person who commits an offence against section
263 or section 264 is liable –
a) To a fine not exceeding $200,000; and
b) If the offence is a continuing one, to a further fine not exceeding
$10,000 for every day or part of a day during which the offence is
continued; and
c) For such amount as the court may assess in respect of the costs of all
or any of the following, namely, removing or dispersing, or disposing
of, any waste or other matter to which the offence relates; and
d) To an additional penalty under section 409.
267.
Sentence of imprisonment
1) Subject to subsection (2) of this section, the Court may sentence a
person who commits an offence against section 263 of this Act to
imprisonment for a term not exceeding 2 years instead of imposing a
fine under section 266.
2) The Court shall not sentence to imprisonment any person who commits
an offence against section 263 unless the Court is satisfied,
a. Where the person is the master or owner of a foreign ship –
i. That the offence was committed within the territorial sea;
and
ii. That the person intended to commit the offence, or the
offence occurred as a consequence of any reckless act or
omission by the person with the knowledge that that act
or omission would or would be likely to cause serious
damage to the marine environment within the territorial
sea; and
iii. That the commission of the offence has caused or is likely
to cause serious damage to the marine environment
within the territorial sea:
b. In any other case, that the commission of the offence has
caused or is likely to cause serious damage to the marine
environment.
The EEZ Act prohibits the dumping of radioactive waste and toxic and hazardous waste in
New Zealand’s exclusive economic zone and above the continental shelf.
https://www.legislation.govt.nz/act/public/2012/0072/latest/DLM3955428.html?search=t
s act%40bill%40regulation%40deemedreg exclusive+economic resel 25 a&p=1
Section 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.
Section 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.
It is an offence to dump radioactive waste and toxic and hazardous waste in
New Zealand’s exclusive economic zone and above the continental shelf.
Section 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.
Section 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:
(c) the owner of an offshore installation, if the dumping is from the
offshore installation.
Section 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
exceeding $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 offence continues.
(3) The continued existence of anything, or the intermittent repetition of
any actions, contrary to any provision of this Act is a continuing offence.
What technical guidelines and legislation do you have concerning EIA of
development activities likely to impact on the marine environment (art. 16)?
How many assessments occurred, what were the measures adopted to prevent
pollution and what was the extent of public involvement.
The RMA requires resource consents (permissions) for many activities that use or
develop natural or physical resources or affect the environment. It applies to
activities undertaken on land, the coastal marine area, and the territorial sea. All
applications for resource consents must be accompanied by an assessment of
environmental effects which includes a description of mitigation measures to help
prevent or reduce any actual or potential effects of the proposed activity.
During 2018/19, 35,535 resource consents were processed through to a decision
(granted or declined). Around 3.8 per cent of these applications were subject to
either limited (identified potentially affected parties) or full (the public in general)
notification. 2.4 per cent of all resource consents processed to a decision were coastal
permits. Coastal permits relate to a variety of development activities which may have
impacts on the coastal environment. Beyond this, the Government does not hold
information on how many of these consents had an impact on, or were likely to have
an impact on, the marine environment.
The EEZ Act regulates the effects of certain activities in the EEZ and continental shelf
including petroleum exploration and production, seabed mining, laying submarine
cables and marine scientific research. Activities can only be undertaken if they are
classified as permitted or authorised by a marine consent. If a marine consent is
required, those wishing to undertake an activity must obtain a consent from the EPA.
Applications for consent must include an impact assessment describing the activity
and the current state of the area where the activity is proposed, identifying the
effects of the activity on the environment and existing interests, and specifying
measures to avoid, remedy or mitigate the adverse effects identified.
During the reporting period (1Jan 2019 to 31 Dec 2020), the EPA considered and
granted two notified marine discharge consent applications related to exploration and
appraisal drilling programmes. Notified activities allow provide for full public
involvement by way of a submission process. Eight consents have been granted for
non-notified activities (exploratory drilling and associated discharges, and dumping).
Non-notified activities are not publicly notified but are activities that have a low
probability of significant adverse effects on the environment or existing interests and
the activity is:
• Routine or exploratory in nature; or
• An activity of brief duration; or
• A dumping activity.
Outline the cooperation/coordination with the other Contracting Parties in
implementing the Convention and Protocols (such as agreements for protection,
development or management of the marine environment, information sharing,
research, monitoring and technical assistance, protection against the threat and
effects of ‘pollution incidents’ (arts. 4, 17, and 18).
New Zealand is party to the following agreements to protect, develop and manage the
marine environment to protect against 'pollution incidents':
1. SOLAS1972 London Convention and 1996 Protocol;
2. International Convention for the Prevention of Pollution from Ships, as
modified by the Protocol of 1978 (MARPOL 73/78).
3. OPRC;
4. Intervention Convention;
5. Intervention Protocol;
6. Convention to Ban the Importation into Forum Island Countries of Hazardous
and Radioactive Wastes and to Control the Transboundary Movement and
Management of Hazardous Wastes within the South Pacific Region (Waigani
Convention);
7. Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal;
8. International Atomic Energy Agency Convention on Assistance in the Case of a
Nuclear Accident or Radiological Emergency, 1986;
9. International Atomic Energy Agency Convention on Early Notification of a
Nuclear Accident, 1986;
10. International Convention for the Control and Management of Ships' Ballast
Water and Sediments.
11. Compensation conventions (CLC & Fund ’92 & ‘03; LLMC ‘96, Bunkers
Convention ‘01)
MNZ has provided regional assistance under the Secretariat for the Pacific Regional
Environment Programme’s (SPREP) Pacific Ocean Pollution Prevention Programme
(PACPOL) and Pacific Islands Regional Marine Spill Contingency Plan (PACPLAN)
initiatives in the following areas: MNZ provides assistance with training, policy
development and technical advice under the PACPLAN and PACPOL initiatives, including
assisting SPREP with the review and update of PACPLAN. MNZ, in conjunction with the
Australian Maritime Safety Authority (AMSA) is providing ongoing assistance to the
SPREP PACPOL secretariat on draft legislation to give effect to the international and
regional agreements on pollution preparedness and response conventions and associated
liability conventions.
Maritime New Zealand Marine Pollution response team (MPRS) are also engaged with
Pollution Response training under the MFAT funded Pacific Maritime Safety Programme
(PMSP). This programme covers six countries, Niue, Cook Island, Tokelau, Tonga, Fiji and
Samoa. Activities undertaken between 2019 - 2020 have been:
12. Completion of scoping visit to Tonga;
13. Completion of oil spill risk assessments for Tonga, and Samoa;
14. Provision of incident management oil spill response training to Fiji;
15. Provision of oil spill response equipment and equipment training to the Cook
Islands; and
16. Provision of oil spill response equipment for Tonga, Samoa and Niue.
How many ‘pollution incidents’ have there been and what were the laws,
regulations, institutions and operational procedures used in each? (Protocol on
Pollution Emergencies)
A total of 227 oil spills were reported in 2019 and 2020. The sources of these spills
included any origin that ends up in the marine environment (i.e. the source could have
been land-based). All but 18 of these 227 spills were less than 50 litres in volume. The
18 larger spills included:
• 8 spills each within the range of 50-99 litres,
• 8 spills each within the range of 100-499 litres,
• 1 spill within the range of 500-999 litres
• 1 spill that was significantly larger at approximately 5000 litres.
Complete data on all pollution incidents since 2019 are yet to be finalised.
Details of other pollution incidents affecting the marine area are held by local authorities
and records are not held by the national government.
Section 226 of the MTA provides that harmful substances may only be discharged into
the sea in accordance with the MPR.
The 120 series of the MPR defines oil as a class of harmful substance and includes a list
of the various categories of mineral hydrocarbon falling within the definition of oil. The
rule then sets out the permitted operational discharges of oil from ships into the seas and
provides for reporting of non-operational discharges to the appropriate coastal
authorities. The permitted discharges differ according to whether the oil is the residue of
a cargo carried by an oil tanker or is oily bilge water from the machinery space of a ship.
The 120 series of MPRs give effect to standards found in Annex I of MARPOL and to that
instrument’s Protocol I.
Part 23 of the MTA outlines ‘plans and responses to protect marine environment from
marine oil spills. To give effect to the sections within Part 23, the 130 series of the MPR
outline the requirements for planning and response to marine oil spills. The responses to
the marine pollution incidents listed above were undertaken in accordance with the
Marine Oil Spill Contingency Plans (MOSCPs) - either Shipboard MOSCPs, Oil Transfer
Site MOSCPs or Regional MOSCPs.
The 140 series of the MPR categorised all noxious liquid substances as specified in the list
of substances set out in chapters 17 and 18 of the IMO Code for the Construction and
Equipment of Ships carrying Dangerous Chemicals in Bulk 1994 as harmful substances
for the purposes of section 226. Part 140 then sets out the permitted operational
discharges into the sea of cargo residues from noxious liquid substances carried in bulk
by chemical tankers. It applies to all ships carrying such substances in bulk as cargo and
sets limits on total quantity and concentration of discharges and specifies minimum water
depths and distance from land. More stringent discharge conditions apply to those
substances that are categorised as most harmful to the marine environment. 140 series
of MPRs gives effect to Annex II of MARPOL.
The 150 series of the MPRs set out requirements, drawn from Annex III of MARPOL, for
the prevention of pollution by harmful substances carried by sea in packaged form. The
150 series applies to New Zealand ships anywhere, except ships of the New Zealand
Defence Force and foreign ships operating within areas of the sea under New Zealand
jurisdiction.
Standards for dumping waste or other matter within the 12 nautical mile coastal marine
area for all ships are found in Part 2(4) of the Marine Pollution Regulations which make it
an offence to dump waste or other matter in contravention of the regulations. Part 3 of
these regulations describes the control of discharges (i.e. oil, noxious liquid substances,
sewage, garbage and ballast water) from ships and offshore installations in the coastal
marine area.
EPA Pollution incidents
Pollution incidents has been interpreted as events involving the release of waste or
harmful substances without authorisation. There have been a total of 24 incidents
reported in 2019 – 2020, including spills of hydrocarbons, biocides and drilling mud, and
unauthorised dumping of dredge spoil or lost objects in the exclusive economic zone.
There were 18 unauthorised discharges of hydrocarbon with an average volume of 16L
and total volume of 158L over the two year period.
There were two chemical incidents resulting from use of biocides volumes exceeding
authorised volumes.
Approximately 25L of drilling mud was lost to the waters of the EEZ in one instance.
One pollution incident involved an unauthorised dumping of 680m3 of dredge spoil,
resulting in an investigation and warning letter. In a separate incident, sampling detected
that dumped dredge spoil exceeded maximum allowable limits for mercury, resulting in
an investigation. An object was dropped into waters of the EEZ without authorisation.
What are the reporting requirements regarding ‘pollution incidents’ of:
i. Government officials;
1. Under the New Zealand system, it is the polluter’s responsibility to report to
the appropriate agency, so government officials do not have reporting
requirements as such. Local authorities have delegated responsibility for
marine oil spill preparedness and response.
2. For spills within a local authorities’ area of jurisdiction, polluters report spills to
the local authority. These local authorities then provide data to MNZ on the
number of oil spill incidents that occur in their region. The local authorities
also report unsourced spills, where a spill report has reached the local
authority via another means eg by a member of the public. The local
authorities complete a standardised spill report, which includes volume,
location, oil type, response actions, etc.
j. Masters of vessels flying your flag; and
1
The MPR specify the reporting requirements of Masters of New Zealand ships
involved in a pollution incident in contravention of the rules. Section 227 ‘Duty to report
discharge or escape of harmful substances’ and Section 228 ‘Notice of pollution incidents’
2
The 120 140, 150 and 170 series of MPRs also contain relevant provisions on the
requirement to report to the appropriate coastal authorities, non-operational discharges
and permitted operational discharges of oil, oily discharges, garbage, noxious liquid
substances, and other harmful substances from ships into the sea.
3
Section 227 and 228 of the Maritime Transport Act covers the duty to report
discharge or escape of harmful substances. These sections outline who is responsible for
reporting the discharge or escape and the proper authority to give notice to.
k. Masters of all vessels and pilots of all aircraft in the vicinity of your
coasts (art. 5).
4
Foreign ships operating within areas of the sea under New Zealand jurisdiction are
subject to the reporting requirements of Part 120 and Part 140 and Part 150 and Part
170 of the MPR as outlined above.
Endorsed by the Fourth Ordinary Meeting of the Contracting Parties to the Apia and Noumea
Conventions, 1998, paragraph 43 of the Report. National Reports to be lodged biennially and
deposited with SPREP no less than three months prior to the Ordinary Meeting of the Parties.
Appendix 1 – Marine discharge consents granted by the
EPA between 1 Jan 2019 to 31 Dec 2020
EEZ100019 – Note: while this consent has been granted, it is not expected to
be exercised
To discharge harmful substances from hazardous and non-hazardous deck drains of a mobile offshore
drilling unit(s) (MODU) that will be used to drill exploration and appraisal wells as part of Beach
Energy’s Canterbury Basin Exploration and Appraisal Drilling Programme (Canterbury Basin EAD
Programme). Beach Energy is proposing to drill one exploration well as part of its Canterbury Basin
EAD programme. Depending on the results of that well, Beach Energy may pursue a wider work
programme within PEP 38264 that could include up to 11 follow-up exploration or appraisal wells to
determine the hydrocarbon potential within PEP 38264. There is a possibility that
small (trace)
amounts of harmful substances may be present on deck areas of the MODU(s) and may be
discharged into the sea from the deck drains. These discharges only are the subject of this consent.
EEZ100018 - Note: while this consent has been granted, it is not expected to be
exercised
To discharge trace amounts of harmful substances (offshore processing drainage) through the
deck drains of Mobile Offshore Drilling Unit(s) to the sea, as part of the Exploration and Appraisal
Drilling Programme in the Great South Basin, in relation to the exercise of PEP 50119.
EEZ300012
This marine discharge consent authorises the discharge of the harmful substances AS-5,
CLEANBORE B, LIME, NUOSEPT 78, SHELL GTL SARALINE 185V, and trace amounts of
hydrocarbons into the marine environment from the Māui Platform Alpha for drilling activities
authorised by marine consent EEZ000010.
Table 1: Harmful substances consented for discharge.
Harmful
HSNO
HSNO
Discharge
Total maximum
substance
Approval
classification
stream and use
volume/mass
m3/ kg
AS-5
HSR002495 9.1A
Anti-sludging
0.1869 m3*
agent in spacer
fluid
CLEANBORE B
HSR002530 9.1D
Surfactant in
0.7413 m3*
spacer fluid
LIME
HSR002925 9.1D
pH control in
2.6008 m3*
NADF
Component of
27.3 m3**
cement
NUOSEPT 78
HSR002503 9.1D
Biocide in NADF
2.2 kg*
SHELL GTL
HSR100066 Oil
Synthetic base
220.065 m3*
SARALINE 185V
fluid in NADF
Trace amounts
NA
Oil
Entrained in
Trace
of hydrocarbons
drilling fluids if
amounts***
hydrocarbons are
encountered
*Maximum volume refers to the maximum amount of a harmful substance that is authorised
to be discharged across seven wells.
**Maximum volume refers to the maximum amount of LIME that is authorised to be
discharged as a component (up to 65% by weight) of cement.
***Trace amounts refers to the very small amounts of hydrocarbons that could become
entrained in drilling fluids and be adhered to drill cuttings that are discharged from the MPA
once passing through the cutting treatment process.
EEZ300011
This consent authorizes the discharge of CAUSTIC SODA, LIME, PERFORMATROL, CLAY
GRABBER, ERIFON HD 603 HP NO DYE, BIOGUARD PLUS, RENACLEAN A, RENACLEAN B,
BARAKLEAN-926, EMBR11720A, JET-LUBE ALCO EP 73 PLUS, JET-LUBE KOPR-KOTE, JET-
LUBE NCS-30 ECF, SEAL GUARD ECF, GASSTOP EXP, SHELL GTL SARALINE 185V,
SPHERELITE CEMENT ADDITIVE, MICRO MATRIX CEMENT RETARDER, HR-25L, and trace
amounts of hydrocarbons into the marine environment from any Mobile Offshore Drilling Unit (MODU)
used for Exploration and Appraisal Drilling (EAD) activities authorised by Marine Consent EEZ200010
Table 1 – Harmful substances consented for discharge
Maximum
HSNO
Harumful substance
Discharge stream and use
volume
(m3)/
classification
mass (t) per site
BARAKLEAN-926
9.1C
Drill stem testing – well cleaner
1.6 m3
BIOGUARD PLUS
9.1A
MODU cooling system - antifoulant
1.233 m3
CAUSTIC SODA
9.1D
Drilling mud additive – pH control
2.4 t
LIME
9.1D
Drilling mud additive – pH control
2 t
PERFORMATROL
9.1D
Drilling mud additive – shale stabiliser
40 m3
CLAY GRABBER
9.1B
Drilling mud additive – shale stabiliser
10 t
Trace
amounts
EMBR11720A
9.1B
Well testing - demulsifier
**
ERIFON HD 603 HP NO DYE
9.1A
Blow Out Preventer - hydraulic fluid
2.333 m3
Trace
JET-LUBE ALCO EP 73 PLUS
9.1B
Riser connector - lubricant
amounts***
Trace
JET-LUBE KOPR-KOTE
9.1A
Wellhead connectors - lubricant
amounts***
Trace
JET-LUBE NCS-30 ECF
9.1C
Joints and drill collars - lubricant
amounts***
Trace
SEAL GUARD ECF
9.1D
Tubular threads - lubricant
amounts***
RENACLEAN A
9.1D
Slops tank filter – water treatment and cleaning
0.067 m3
RENACLEAN B
9.1B
Slops tank filter – water treatment and cleaning
0.067 m3
GASSTOP EXP
Oil
Cement additive – fluid loss additive
1.135 L
SPHERELITE CEMENT ADDITIVE
9.1C
Cement additive
50 t
MICRO
MATRIX®
CEMENT 9.1C
Cement additive - retarder
75.7 L
RETARDER
HR25-L
9.1D
Cement additive - retarder
183 L
SHELL SARALINE 185V
Oil
Drill stem testing - Cushion
Trace amounts**
Trace
amounts
of
Drilling fluids – entrained if hydrocarbons are Trace
Oil
hydrocarbons
encountered
amounts****
*Maximum volume/ mass refers to the maximum amount of a harmful substance that is
authorised to be discharged at each drilling site.
**Trace amounts in this instance refers to the very small volumes of a substance which may
not be combusted during flaring during well testing, and which will enter the sea of the EEZ
as fallout.
***Trace amounts in this instance refers to the very small volumes of this substance which
may diffuse into the water column at points where these substances come into direct contact
with the sea of the EEZ.
****Trace amounts in this instance refers to the very small amounts of hydrocarbons that
could become entrained in drilling fluids and be adhered to drill cuttings that are discharged
from the MODU.
EEZ200010 – note: While this consent was granted, it is no longer being
exercised
1. The discharge of
Hydrosure from underneath the well debris caps at four (4) of the
five (5) existing wells in the Tui Field.
2. The discharge of
acetic acid in produced water from the Floating, Production,
Storage, and Offtake facility, the
Umuroa.
Table 1 –Harmful substances authorised for discharge
Maximum frequency of dose
Aquatic
Maximum
Maximum volume
events per period
Product name
HSNO Approval
ecotoxicity
Use
duration of dose
per dose event
classification
event
(litres)
Day Week Month Year
3,975 per day.
Kinetic
HSR000975
9.1D
Water
Up to
Acetic Acid
10 days
-
-
-
4
treatment
39,750 over
chemical
10 days
250 ml in 3 L
*Hydrosure
HSR003563
9.1A
Biocide
instantaneous
-
-
-
4
of water
EEZ200011-2
To discharge of harmful substances from a structure (Mobile Offshore Drilling Unit(s)) to the sea, as
part of the Māui Exploration and Appraisal Drilling Programme, in relation to the exercise of PML
381012 including:
a)
The discharge of production water during testing operations;
b)
The discharge of trace hydrocarbons;
c)
The discharge of Blowout Preventer Fluid;
d)
The discharge of cement;
e)
The discharge of drilling fluids;
f) Discharges from Drill Stem Testing; and
g)
Other operational discharges.
Appendix 1 – Harmful Substances, including maximum amounts (as volume or mass as
applicable), authorised by this marine discharge consent
Maximum volume or
HSNO
Harmful substance
Discharge stream and use
mass per well
classification
location1
BARAKLEAN-926
9.1C
Drill stem testing - well cleaner
1,600 L
BIOGUARD PLUS
9.1A
Cooling system - antifoulant
1,233 L
CAUSTIC SODA
9.1D
Drilling mud additive - pH control
2.58 t
Drilling mud additive - shale
CLAY GRABBER
9.1B
10 t
stabiliser
EMBR11720A
9.1B
Drill stem testing - demulsifier
Trace amounts2
ERIFON HD 603 HP NO
9.1A
Blowout preventer - hydraulic fluid
2,333 L
DYE
GASSTOP EXP
Oil
Cement additive - fluid loss additive
119.03 L
HR25-L
9.1D
Cement additive - cement retarder
189.27 L
JET-LUBE ALCO EP 73
9.1B
Riser connector - lubricant
Trace amounts3
PLUS
JET-LUBE KOPR-KOTE
9.1A
Wellhead connectors - lubricant
Trace amounts3
JET-LUBE NCS-30 ECF
9.1C
Joints and drill collars - lubricant
Trace amounts3
LIME
9.1D
Drilling mud additive - pH control
2.1 t
MICRO MATRIX®
9.1C
Cement additive - cement retarder
75.7 L
CEMENT RETARDER
Drilling mud additive - shale
PERFORMATROL
9.1D
40 t
stabiliser
Slops tank - water treatment and
RENACLEAN A
9.1D
67 L
cleaning
Slops tank - water treatment and
RENACLEAN B
9.1B
67 L
cleaning
SEAL GUARD ECF
9.1D
Tubular threads – lubricant
Trace amounts3
SHELL SARALINE 185V
Oil
Drill stem testing – cushion
Trace amounts2
SPHERELITE
9.1C
Cement additive
8 t
Trace amounts of
Drilling fluids - entrained if
Oil
Trace amounts4
hydrocarbons
hydrocarbons are encountered
Notes
1.
Maximum volume/mass refers to the maximum amount of a harmful substance that is
authorised to be discharged as each well location.
2.
Trace amounts in this instance refers to the very small volumes of a substance which may be
combusted during flaring during drill stem testing, and which will enter the sea of the EEZ as
fallout.
3.
Trace amounts in this instance refers to the very small volumes of a substance which may
diffuse into the water column at points where these substances come into direct contact with the
sea of the EEZ.
EEZ200009-2 Note: while this consent has been granted, it is not expected to be
exercised
The discharge of harmful substances from a structure (Mobile Offshore Drilling Unit(s)) to the sea, as
part of the Exploration and Appraisal Drilling Programme in the Great South Basin, in relation to the
exercise of PEP 50119 including:
a. The discharge of Blowout Prevention Fluid;
b. The discharge of drilling fluids;
c. The discharge of excess cement;
d. The discharge of trace hydrocarbons;
e. Discharges from DST; and
f. Other operational discharges.
Table 1: Harmful substances consented for discharge
Maximum volume
HSNO
Harmful substance
Discharge stream and use
(m3)/ mass (t) per
classification
well location *5
BARAKLEAN-926
9.1C
Drill stem testing – well cleaner
1.6 m3
BIOGUARD PLUS
9.1A
MODU cooling system - antifoulant
1.233 m3
CAUSTIC SODA
9.1D
Drilling mud additive – pH control
2.4 t
LIME
9.1D
Drilling mud additive – pH control
2 t
PERFORMATROL
9.1D
Drilling mud additive – shale stabiliser
40 m3
CLAY GRABBER
9.1B
Drilling mud additive – shale stabiliser
10 t
EMBR11720A
9.1B
Well testing - demulsifier
Trace amounts **
ERIFON HD 603 HP NO DYE
9.1A
Blow Out Preventer - hydraulic fluid
2.333 m3
JET-LUBE ALCO EP 73 PLUS
9.1B
Riser connector - lubricant
Trace amounts***
JET-LUBE KOPR-KOTE
9.1A
Wellhead connectors - lubricant
Trace amounts***
JET-LUBE NCS-30 ECF
9.1C
Joints and drill collars - lubricant
Trace amounts***
SEAL GUARD ECF
9.1D
Tubular threads - lubricant
Trace amounts***
Slops tank filter – water treatment and
RENACLEAN A
9.1D
0.067 m3
cleaning
Slops tank filter – water treatment and
RENACLEAN B
9.1B
0.067 m3
cleaning
GASSTOP EXP
Oil
Cement additive – fluid loss additive
1.135 L
SPHERELITE CEMENT
9.1C
Cement additive
50 t
ADDITIVE
MICRO MATRIX® CEMENT
9.1C
Cement additive - retarder
75.7 L
RETARDER
5 Table 1 amended on 18 February 2020
Maximum volume
HSNO
Harmful substance
Discharge stream and use
(m3)/ mass (t) per
classification
well location *5
HR25-L
9.1D
Cement additive - retarder
183 L
SHELL SARALINE 185V
Oil
Drill stem testing - Cushion
Trace amounts**
Drilling fluids – entrained if hydrocarbons are
Trace amounts of hydrocarbons Oil
Trace amounts****
encountered
*Maximum volume/ mass refers to the maximum amount of a harmful substance that is authorised to be discharged at each
well location.
**Trace amounts in this instance refers to the very small volumes of a substance which may not be combusted during flaring
during well testing, and which will enter the sea of the EEZ as fallout.
***Trace amounts in this instance refers to the very small volumes of this substance which may diffuse into the water column at
points where these substances come into direct contact with the sea of the EEZ.
****Trace amounts in this instance refers to the very small amounts of hydrocarbons that could become entrained in drilling
fluids and be adhered to drill cuttings that are discharged from the MODU.
