New Zealand oil spill response strategy - Maritime New Zealand
New Zealand oil spill response strategy - Maritime New Zealand
New Zealand oil spill response strategy - Maritime New Zealand
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JULY 2006
TABLE OF CONTENTS<br />
Foreword .........................................................................................................................................................2<br />
Executive Summary ........................................................................................................................................3<br />
The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy.................................................................................4<br />
Introduction .................................................................................................................................................4<br />
Aim...............................................................................................................................................................4<br />
Key Principles..............................................................................................................................................4<br />
Partnership with Maori ................................................................................................................................5<br />
Waters Covered by this Strategy ..............................................................................................................5<br />
Risk Assessment ........................................................................................................................................6<br />
Contingent Capability.................................................................................................................................8<br />
Sensitive Coastal Resources .....................................................................................................................9<br />
Public Expectations ....................................................................................................................................9<br />
The Oil Pollution Advisory Committee.....................................................................................................10<br />
Strategy Review........................................................................................................................................10<br />
Prevention .................................................................................................................................................10<br />
The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response System ................................................................................11<br />
Three-Tiered Approach ............................................................................................................................11<br />
The On-Scene Commander......................................................................................................................14<br />
Spill Notification and Reporting...............................................................................................................14<br />
Spill Assessment and Response Assignment.........................................................................................15<br />
Command and Control.............................................................................................................................16<br />
Response Options....................................................................................................................................16<br />
Oil Spill Response Capability ..................................................................................................................18<br />
Funding and Compensation .....................................................................................................................21<br />
Compliance ...............................................................................................................................................22<br />
International Response Arrangements .....................................................................................................23<br />
Communication .........................................................................................................................................23<br />
Information Management..........................................................................................................................23<br />
The Rescue Co-ordination Centre <strong>New</strong> <strong>Zealand</strong> ....................................................................................24<br />
<strong>Maritime</strong> Security.......................................................................................................................................24<br />
Appendices ...................................................................................................................................................25<br />
Appendix 1 – Key Functions and Responsibilities of Industry ..............................................................25<br />
Appendix 2 - Key Functions and Responsibilities of Regional Councils..............................................26<br />
Appendix 3 - Key Functions and Responsibilities of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> .......................................27<br />
Appendix 4 - Key Functions and Responsibilities of the Oil Pollution Advisory Committee (OPAC)..28<br />
Appendix 5 - Agencies with Statutory Roles and/or Responsibilities ..................................................29<br />
Appendix 6 – International Agreements...................................................................................................32<br />
Appendix 7 – Jurisdictions and Responsibilities ...................................................................................33<br />
Appendix 8 – Relationship with the <strong>New</strong> <strong>Zealand</strong> Transport Strategy .................................................35<br />
Acronyms ......................................................................................................................................................36<br />
Glossary of Terms........................................................................................................................................37<br />
1
FOREWORD<br />
The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy is subject to a five-year formal review process.<br />
This document – the 2006 Marine Oil Spill Response Strategy - is the third revision since it was first<br />
established in 1992. The 2006 Strategy takes into account the most recent <strong>New</strong> <strong>Zealand</strong> Marine Oil<br />
Spill Risk Assessment, completed in 2004.<br />
As a nation, <strong>New</strong> <strong>Zealand</strong> has a strong affinity with the marine environment and places great<br />
importance on the wide range of cultural, social and economic values associated with its coast.<br />
Unfortunately, the needs and the effects of modern society also put pressure on the very resources we<br />
value so highly. This Strategy forms a single, albeit vital component in the fight against all sources of<br />
marine pollution for which society increasingly has ‘zero tolerance’.<br />
For the review of the 2000 Strategy, a series of stakeholder workshops was first held in 2004. The<br />
aim was to evaluate how successfully the system was working, and seek recommendations for<br />
improvement from those responsible for the Strategy’s implementation. It was encouraging to<br />
discover that the wider <strong>response</strong> community was generally satisfied with the system, and sought only<br />
minor changes or clarifications. Of course, there have been many improvements, but these could best<br />
be described as evolutionary, rather than revolutionary. The most significant are:<br />
• A change in the format of the National Plan;<br />
• More active involvement of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> in regional exercises;<br />
• Provision for the establishment of a National Response Team;<br />
• Provision for setting performance measures;<br />
• The ability to develop regional rapid deployment <strong>response</strong> resources;<br />
• Guidance for decision making concerning places of refuge;<br />
• Formal recognition of the Co-ordinated Incident Management System;<br />
• More clearly defined <strong>response</strong> escalation and de-escalation criteria;<br />
• Clearer delineation of responsibilities and jurisdictions during <strong>response</strong>s;<br />
• Incorporation of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>’s security and search and rescue functions;<br />
• Commitment for relevant staff to gain experience at overseas incidents;<br />
• Confirmation of national border and biosecurity arrangements;<br />
• Definition of the relationship with the <strong>New</strong> <strong>Zealand</strong> Transport Strategy.<br />
Successful implementation of the Strategy is dependent upon effective partnerships between the<br />
maritime and <strong>oil</strong> industries, regional and national government, combined with the continued support of<br />
an increasingly aware public. Since 1992 these relationships have become firmly established, as has<br />
the support of the <strong>New</strong> <strong>Zealand</strong> public.<br />
Recent experience with significant maritime incidents such as the Jody F Millennium grounding off<br />
the Gisborne coast in 2002 demonstrated that <strong>New</strong> <strong>Zealand</strong> has an effective marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong><br />
system in place. This updated 2006 Response Strategy will ensure not only that this remains so, but<br />
also that performance continues to evolve and improve yet further.<br />
2
EXECUTIVE SUMMARY<br />
<strong>New</strong> <strong>Zealand</strong>, through <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and its partners, will respond to a marine <strong>oil</strong> <strong>spill</strong> of any<br />
size. The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy sets the overarching framework to achieve<br />
this.<br />
<strong>New</strong> <strong>Zealand</strong>’s <strong>response</strong> capability is based on contingency planning, and is developed and<br />
maintained through partnerships between <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, regional councils and unitary<br />
authorities, industry, domestic and overseas agencies. The Strategy aims to minimise the impact of<br />
<strong>oil</strong> pollution on the marine environment within <strong>New</strong> <strong>Zealand</strong>’s area of responsibility.<br />
The <strong>response</strong> system is comprised of three ‘Tiers’, each having the ability to escalate in an integrated<br />
and efficient manner to the next, depending on the scale of the event. Each Tier is required to prepare<br />
contingency plans and a <strong>response</strong> capability appropriate to their respective levels of responsibility.<br />
• Tier 1 – Industry<br />
• Tier 2 – Regional Councils and Unitary Authorities<br />
• Tier 3 – <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and International Partners<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> maintains a domestic <strong>response</strong> capability based on the findings of successive<br />
marine <strong>oil</strong> <strong>spill</strong> risk assessments. If the scale of an incident is beyond the nation’s domestic<br />
capability, arrangements are in place to secure overseas assistance. This relationship is reciprocal, as<br />
<strong>New</strong> <strong>Zealand</strong> will be expected to assist its overseas neighbours if requested.<br />
Oil <strong>spill</strong> preparedness is funded by an industry levy, the Oil Pollution Fund, paid by those sectors<br />
whose activities pose the risk of a marine <strong>oil</strong> <strong>spill</strong>. In the event of an <strong>oil</strong> <strong>spill</strong>, the polluter is liable for<br />
all reasonable costs associated with the <strong>response</strong>.<br />
3
THE NEW ZEALAND MARINE OIL SPILL RESPONSE<br />
STRATEGY<br />
Introduction<br />
The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy outlines the means by which the nation will<br />
respond to a marine <strong>oil</strong> <strong>spill</strong> of any size. However few, if any, nations are able to mount credible<br />
<strong>response</strong>s to major <strong>spill</strong>s alone. Based on the results of comprehensive risk assessments, <strong>New</strong><br />
<strong>Zealand</strong> maintains an appropriate domestic capability to respond to a ‘one-in-one-hundred’ year<br />
event. For larger <strong>spill</strong>s it has established arrangements for international assistance with other nations<br />
through the provisions of the 1990 International Convention on Oil Preparedness, Response and Cooperation<br />
(OPRC). <strong>New</strong> <strong>Zealand</strong>’s own commitment to assist its international partners in times of need<br />
is also fundamental to the ongoing success of this reciprocal agreement.<br />
Partnerships also form the foundation of <strong>New</strong> <strong>Zealand</strong>’s domestic capability. Neither effective<br />
contingency planning nor successful <strong>response</strong>s would be possible without the co-operation of<br />
regional authorities or industry, plus a wide range of organisations and individuals with specialist skills.<br />
Aim<br />
The Strategy describes the framework within which an efficient and effective <strong>response</strong> is provided to<br />
any marine <strong>oil</strong> <strong>spill</strong> in <strong>New</strong> <strong>Zealand</strong> waters.<br />
Key Principles<br />
The three most important and fundamental principles underlying the Strategy are that:<br />
• The <strong>response</strong> capability will be maintained and developed through successful relationships and<br />
partnerships between <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, regional councils and unitary authorities,<br />
government partners, industry and domestic and overseas agencies.<br />
• Protection of human safety, health and welfare is of paramount importance in preparing for and<br />
responding to marine <strong>oil</strong> <strong>spill</strong>s. This includes the health and safety of the public, industry<br />
personnel and the <strong>spill</strong> responders;<br />
• Net Environmental Benefit Assessment (NEBA) will underpin the decision making process<br />
concerning <strong>response</strong> options and clean-up standards.<br />
The other basic principles are that:<br />
• The polluter pays principle is fundamental, so the full, reasonable cost of any <strong>spill</strong> <strong>response</strong>,<br />
clean-up and reasonable restoration efforts should be sought from the <strong>spill</strong>er;<br />
• On-scene commanders should ensure that initial mobilisation is sufficient to implement an<br />
effective and credible <strong>response</strong>;<br />
• The best available specialist advice should be sought before decisions are made;<br />
• Industry has a responsibility to undertake its business without creating unnecessary risks, and is<br />
responsible for the risks it does create;<br />
• Those industries and other maritime activities which create the risk of a marine <strong>oil</strong> <strong>spill</strong> should<br />
contribute to the costs of maintaining and implementing the Strategy via an <strong>oil</strong> pollution levy;<br />
• Oil <strong>spill</strong> planning and <strong>response</strong> systems must be comprehensive, integrated and effective;<br />
• All people and agencies associated with planning and <strong>response</strong> should be aware of and<br />
committed to their agreed responsibilities;<br />
• Risk assessment is an integral part of <strong>response</strong> planning, preparation and levy allocation;<br />
• The National Marine Oil Spill Contingency Plan must provide the means for the National On-<br />
Scene Commander to be able to mount a credible <strong>response</strong> to any marine <strong>spill</strong> regardless of<br />
size;<br />
• Resources, training and equipment will be allocated on the basis of risk analysis to reflect<br />
national and regional needs, to ensure prompt reaction with appropriate resources in the event<br />
of a <strong>spill</strong>;<br />
• A progressive, tiered approach is required for all preparation and planning for, and <strong>response</strong> to,<br />
marine <strong>oil</strong> <strong>spill</strong>s;<br />
• There will be national consistency across the range of <strong>oil</strong> <strong>spill</strong> planning and <strong>response</strong> activities;<br />
• Salvage of a vessel and/or its cargo is recognised as an important primary means of avoiding<br />
or mitigating the effects of a marine <strong>oil</strong> <strong>spill</strong>;<br />
4
• Technological and procedural innovations will be incorporated where appropriate and cost<br />
effective.<br />
Partnership with Maori<br />
The Treaty of Waitangi is the founding document of <strong>New</strong> <strong>Zealand</strong>, and the Crown has a duty under<br />
Article 2 to actively protect Maori interests. In light of the significance to Maori of the marine<br />
environment, including ecosystems and indigenous species, this duty extends to appropriate<br />
consultation on matters such as marine <strong>oil</strong> <strong>spill</strong>s.<br />
In recognition of this duty, the <strong>strategy</strong>:<br />
• Welcomes Maori involvement on the Oil Pollution Advisory Committee;<br />
• Requires consultation with local Tangata Whenua on contingency planning and <strong>response</strong><br />
through Tier 2 plans;<br />
• As appropriate, involves Tangata Whenua in Tier 3 <strong>response</strong>s, and;<br />
• Takes steps to address Maori interests identified through these processes.<br />
These commitments are consistent with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> initiatives for building collaborative<br />
partnerships with Maori communities.<br />
Waters Covered by this Strategy<br />
A marine <strong>oil</strong> <strong>spill</strong> is defined (see Glossary) in the <strong>Maritime</strong> Transport Act as an actual or probable <strong>oil</strong><br />
<strong>spill</strong> into the internal or marine waters of <strong>New</strong> <strong>Zealand</strong>. For the purposes of the Strategy, it must be<br />
either directly into the sea or ultimately reach marine waters and have arisen from activities covered by<br />
the Act (e.g., Tier 1 transfer of <strong>oil</strong> to ships or offshore installations).<br />
The Strategy applies to marine <strong>oil</strong> <strong>spill</strong>s within the internal waters of <strong>New</strong> <strong>Zealand</strong> (landward of the<br />
baseline of the Territorial Sea to the low water mark), <strong>New</strong> <strong>Zealand</strong> marine waters (from baseline to 200<br />
nautical miles, comprising Territorial Sea and Exclusive Economic Zone) and, in respect of the Director<br />
of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>'s powers over hazardous ships and offshore installations under section 248<br />
of the Act, <strong>New</strong> <strong>Zealand</strong> continental waters (comprising <strong>New</strong> <strong>Zealand</strong> marine waters and those waters<br />
beyond 200 nautical miles over the continental shelf). 1<br />
In addition to being covered by the Act, mobile <strong>oil</strong> transfer facilities (in this instance, specifically road<br />
<strong>oil</strong>-tanker trucks) may also fall under the jurisdiction of the Resource Management Act 1991 (RMA).<br />
Spills occurring when in transit on the road between sites, even those entering the marine environment,<br />
fall to the regions as discharges under the RMA. Once engaged in the activity of transferring <strong>oil</strong> and<br />
fuel, the facility becomes a Tier 1 site under the Act and any subsequent <strong>spill</strong>s are provided for in the<br />
Strategy.<br />
The Strategy does not apply to <strong>oil</strong> <strong>spill</strong>s in inland waters (rivers and lakes) except for such instances<br />
as ships or Tier 1 sites on rivers where the <strong>spill</strong> would inevitably reach marine waters. Inland <strong>oil</strong> <strong>spill</strong><br />
<strong>response</strong>s are provided for under the RMA and are within the jurisdiction of the regional council.<br />
However, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will use all endeavours to assist (as a contractor) where the <strong>spill</strong> is<br />
beyond the capacity of the region to respond. Overall responsibility in such circumstances lies with the<br />
regional authority and no costs are recoverable from the Oil Pollution Fund.<br />
The current <strong>strategy</strong> also does not apply to <strong>spill</strong>s within the territorial sea of Antarctica and the Ross<br />
Dependency managed by <strong>New</strong> <strong>Zealand</strong>. However, international obligations require <strong>New</strong> <strong>Zealand</strong> as a<br />
nation to develop a contingent capability for <strong>spill</strong> <strong>response</strong> in this region (as detailed in Appendix 6).<br />
Responsibility for meeting theses obligations currently rests with Ministry of Foreign Affairs and Trade<br />
and Antarctic <strong>New</strong> <strong>Zealand</strong>.<br />
1<br />
The defined term ‘<strong>New</strong> <strong>Zealand</strong> marine waters’ under the <strong>Maritime</strong> Transport Act 1994 relies on marine areas defined by the<br />
Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. These definitions are used for consistency with the United<br />
Nations Convention on the Law of the Sea. They rely on a baseline that is set internationally as the low water mark. This is different to<br />
the coastal marine area as defined in the Resource Management Act 1991 that extends from the line of mean high water springs or<br />
specified points from a river mouth to the outer limit of the territorial sea. Hence for the purposes of <strong>oil</strong> <strong>spill</strong> contingency plans and<br />
<strong>response</strong>, the area above the low water mark is technically excluded.<br />
5
Risk Assessment<br />
National marine <strong>oil</strong> <strong>spill</strong> risk assessments are undertaken prior to each review of the marine <strong>oil</strong> <strong>spill</strong><br />
<strong>response</strong> <strong>strategy</strong>. This process began in 1992, and each successive assessment builds on and<br />
refines the previous studies. These findings drive the strategic process for <strong>oil</strong> <strong>spill</strong> <strong>response</strong> planning.<br />
Analysis is undertaken to determine developments and trends in different commercial sectors or<br />
regions, and report on the nature of <strong>spill</strong>s experienced both domestically and internationally. This<br />
information underpins the decision making process concerning the location and scale of resources that<br />
need to be held at a national and regional level.<br />
The 2004 risk assessment confirmed that broadly speaking, <strong>New</strong> <strong>Zealand</strong>’s current preparedness for<br />
the risks posed by a one-in-a-hundred year <strong>oil</strong> <strong>spill</strong> event arising from activities in the maritime sector<br />
is sufficient. The concentration of resources around the main regional ports is also supported.<br />
Potential areas of change which should be considered in the current strategic period to 2012 include:<br />
• The global trend towards larger and faster container ships;<br />
• A similar trend towards larger cruise ships with an increasing frequency of visits;<br />
• The growth and increased capacities of regional ports;<br />
• The implementation of new navigational aids and other areas of changing maritime technology;<br />
• Changes to the coastal fleet;<br />
• <strong>New</strong> international requirements for tanker hull design (double hulls);<br />
• A potential upsurge in <strong>New</strong> <strong>Zealand</strong> offshore <strong>oil</strong> and gas exploration and production in coming<br />
years;<br />
• Economic factors (such as high <strong>oil</strong> prices driving a switch to cheaper, more persistent bunker<br />
fuels).<br />
6
Spill Likelihood<br />
The likelihood of a marine <strong>oil</strong> <strong>spill</strong> has been modelled using information from the <strong>oil</strong> and transport<br />
industry in <strong>New</strong> <strong>Zealand</strong> and depicts regional information on <strong>spill</strong> potential (see map below), average<br />
frequency of a serious incident, expected number of <strong>spill</strong>s per year, estimates of the <strong>oil</strong> <strong>spill</strong>ed into the<br />
sea per year and the return period of a <strong>spill</strong> of a given size.<br />
The model generates information that will inform both the setting of the Oil Pollution Levy (OPL) and<br />
the operational decisions of <strong>Maritime</strong> NZ.<br />
In 2002/03 a total of 13 million tonnes of crude <strong>oil</strong>, condensates and petroleum products were<br />
transferred to and from tankers at <strong>New</strong> <strong>Zealand</strong> ports - creating around 600 cargo transfers. Five<br />
million tonnes of imported crude <strong>oil</strong> were unloaded at the Marsden Point refinery in around 50<br />
shipments and 590,000 tonnes of bunker fuels and lube <strong>oil</strong>s were loaded in over 3,000 bunkering<br />
operations at <strong>New</strong> <strong>Zealand</strong>’s main ports.<br />
Since the last risk assessment in 1998, larger container vessels have been introduced on services<br />
between <strong>New</strong> <strong>Zealand</strong>, USA and Europe. There has also been significant traffic growth in regional<br />
ports such as Tauranga and Napier, with new deepwater berths built at Marsden Point and Picton.<br />
Cruise vessel activity has increased with newer and larger vessels regularly visiting <strong>New</strong> <strong>Zealand</strong> during<br />
the cruise season.<br />
7
Spill Consequences<br />
A framework for assessing the consequences of <strong>oil</strong> <strong>spill</strong>s on coastlines has been developed based on<br />
earlier work. For this exercise, <strong>New</strong> <strong>Zealand</strong> is divided into a number of 20 km2 ‘coastal cells’, and<br />
each cell is rated using a scale that assesses the vulnerability of the area to <strong>oil</strong> <strong>spill</strong>s in terms of<br />
environmental factors (i.e. shoreline character, plants and animals) and human factors (i.e. economic,<br />
cultural, social, economic and recreational). These ratings produce a profile for each cell that<br />
contributes to the national map (below).<br />
The areas that are of greatest environmental concern are those that have a high socio-economic value,<br />
have shoreline types that are very sensitive to <strong>oil</strong> <strong>spill</strong>s (e.g. mangroves in the Auckland region) or<br />
those that contain important wildlife (e.g. birdlife on Farewell Spit).<br />
Ports are hot spots. The economic resources, human population and recreation areas located in and<br />
around Auckland’s ports contribute to that region showing as a hot spot. Also, the <strong>spill</strong> rate for ports<br />
is around 3 times higher than the <strong>spill</strong> rate for the combined coastal areas. The higher <strong>spill</strong> rate for<br />
ports reflects the greater risks associated with vessel movements in and out of harbours and the<br />
transfer of <strong>oil</strong> cargo and fuel. For NZ ports, Auckland has the highest <strong>spill</strong> rate, followed by Marsden<br />
Point, Lyttlelton and Wellington. The Auckland rate reflects the high level of activity and the large range<br />
of vessels using the port.<br />
Contingent Capability<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, in conjunction with its various national and international partners, will respond<br />
to a <strong>spill</strong> of any size. However, it is more cost-effective for <strong>New</strong> <strong>Zealand</strong> to maintain a <strong>response</strong><br />
capability for the most likely <strong>spill</strong>s, and be able to call on other countries for extra equipment and<br />
trained personnel when needed for major <strong>spill</strong>s. <strong>New</strong> <strong>Zealand</strong> has developed a domestic <strong>response</strong><br />
capability for a ‘one-in-a-hundred’ year event based on successive risk assessments. The actual <strong>spill</strong><br />
size planned for is impossible to specify, since there are too many variables to ascertain a credible<br />
estimated figure.<br />
8
The three-tiered system provides each level with the opportunity to call on the others for assistance<br />
(through a process of controlled escalation), while requiring contingency plans to be developed with all<br />
the necessary information for an effective <strong>response</strong>.<br />
The concept of contingent capability in <strong>New</strong> <strong>Zealand</strong> means that each region has been equipped with<br />
sufficient resources to deal with the smaller <strong>spill</strong>s they would normally experience, while still being able<br />
to escalate the <strong>response</strong> by calling on nationally held stocks and expertise for major incidents. In turn,<br />
when the scale of a <strong>response</strong> is beyond the national capacity, <strong>New</strong> <strong>Zealand</strong> can call on Australian (and<br />
other) resources through a mutual aid Memorandum of Understanding or other signatories to the<br />
OPRC to assist. The system has the flexibility to accommodate the extra resources available from<br />
overseas.<br />
Sensitive Coastal Resources<br />
As a nation, <strong>New</strong> <strong>Zealand</strong>ers have a strong historical connection to the marine environment. The<br />
coastline contains many sensitive resources to which <strong>New</strong> <strong>Zealand</strong> attaches great importance, for their<br />
biological, physical, social, cultural, economic or intrinsic values.<br />
It is the responsibility of regional councils and relevant industries to identify in their contingency plans<br />
those areas most threatened by potential marine <strong>oil</strong> <strong>spill</strong>s. The regional councils are required to set<br />
priorities for protection of sensitive areas and identify the <strong>response</strong> needs for these locations in<br />
consultation with key stakeholders.<br />
Regional councils are also required to produce maps detailing environmentally sensitive areas as part<br />
of their ongoing regional contingency planning development and maintenance program. This<br />
information will be collated by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and incorporated into a GIS database, the Oil<br />
Spill Information Management System (OSIMS), which will be made available along with other <strong>response</strong><br />
decision tools to supplement the National Plan.<br />
Public Expectations<br />
In the event of an <strong>oil</strong> <strong>spill</strong>, the <strong>New</strong> <strong>Zealand</strong> public rightly expects that all reasonable steps will be<br />
taken to minimise the effects on the marine environment. Even small marine <strong>spill</strong>s may impact on<br />
amenity values and disrupt coastal activities, so the development of an effective <strong>response</strong> <strong>strategy</strong> is<br />
of paramount importance. Nevertheless it is essential to carry out a net benefit analysis of the<br />
<strong>response</strong> options for any <strong>spill</strong>. In some circumstances, the option of ‘doing nothing’ may be the best<br />
<strong>response</strong> option even though this may be at variance to public opinion.<br />
No nation presently maintains the capacity to deal with all possible incidents. <strong>New</strong> <strong>Zealand</strong>, like other<br />
countries, relies on international assistance for <strong>spill</strong>s and formal agreements to ensure access to these<br />
international resources form a fundamental part of this <strong>strategy</strong>.<br />
Should a major <strong>spill</strong> occur, <strong>New</strong> <strong>Zealand</strong>’s geographic isolation means it will be some time before<br />
significant resources could be mobilised from overseas, so <strong>New</strong> <strong>Zealand</strong> must maintain an adequate<br />
domestic first <strong>response</strong> capability.<br />
Given the proximity to the coast of most maritime activity, it would be unreasonable to expect<br />
responders to be able to prevent all or even some <strong>oil</strong> from reaching the shore in every case.<br />
Response activity on impacted coastal areas must cease at some point, and depending on the<br />
stakeholder perspective, there may be wide ranging opinions on defining ‘How clean is clean?’<br />
Deciding when the clean-up operation ceases will be done in consultation with local interests based on<br />
the principles of net environmental benefit assessment.<br />
The highest likelihood of <strong>oil</strong> <strong>spill</strong>s is in commercial areas such as ports and harbours, where<br />
established communities are also likely to be found in adjacent areas. There are significant public<br />
health and safety issues associated with <strong>oil</strong> <strong>spill</strong>s, and the welfare of the community, industry<br />
personnel and responders must always be considered as the highest priority in both planning and<br />
<strong>response</strong>.<br />
9
The Oil Pollution Advisory Committee<br />
The Director of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> (the Director) is provided with expert advice from the Oil<br />
Pollution Advisory Committee (OPAC) under the Act. The Director must consult OPAC on certain<br />
specified matters relating to <strong>oil</strong> <strong>spill</strong> <strong>response</strong> and the administration of the Oil Pollution Fund. The<br />
functions and responsibilities of the committee are detailed in Appendix 4.<br />
Strategy Review<br />
The Act requires that the Director formally review the Strategy every five years, though it may prove<br />
necessary to issue interim updates should circumstances change.<br />
Prevention<br />
Oil <strong>spill</strong> <strong>response</strong> and contingency planning is funded under the Act by the Oil Pollution Fund (OPF), a<br />
system of industry levies administered by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>. The <strong>Maritime</strong> Transport Act (and the<br />
OPF) does not encompass costs associated with preventative measures unless these are directly<br />
associated with the costs of responding to a probable <strong>spill</strong>.<br />
Elsewhere, however, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and other government agencies administer and encourage<br />
a wide range of non-OPF preventative measures aimed at reducing incidents and discharges.<br />
10
THE NEW ZEALAND MARINE OIL SPILL RESPONSE<br />
SYSTEM<br />
Three-Tiered Approach<br />
Consistent with established international practice, <strong>New</strong> <strong>Zealand</strong> has implemented a three-tiered<br />
approach to all aspects of marine <strong>oil</strong> <strong>spill</strong> preparation and <strong>response</strong>.<br />
Industry (Tier 1), regional councils (Tier 2) and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> (Tier 3) all have clear roles and<br />
responsibilities provided for in the Act (detailed in Appendices 1, 2 & 3). Any agency with Tier 1, 2 or<br />
3 responsibilities must develop and maintain both a marine <strong>oil</strong> <strong>spill</strong> contingency plan and an<br />
operational <strong>response</strong> capability.<br />
The legislative basis for this approach and much of its operational detail is set out in the Act and<br />
various supporting Marine Protection Rules.<br />
Contingency Plans<br />
Contingency plans must be produced according to standards provided in the Act, Marine Protection<br />
Rules and any guidelines issued by the Director. Each regional, site or installation plan must also be<br />
consistent with this Strategy and the National Marine Oil Spill Contingency Plan. They should also<br />
identify any delegated powers and the responsibilities of all those involved in <strong>oil</strong> <strong>spill</strong> incident<br />
<strong>response</strong>.<br />
The concept of setting performance measures is accepted and endorsed by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> for<br />
contingency planning as an effective feedback mechanism. Performance measures should be<br />
developed and specified, where appropriate, in both the national and regional contingency plans.<br />
Plans should be dynamic, living documents subject to regular and continual update. Formal review is<br />
required every three years, or earlier if circumstances demand. A review must also occur after every<br />
significant <strong>oil</strong> <strong>spill</strong> incident or exercise.<br />
Above all, plans must be clear, concise, simple, easy to use and understood by the people intended<br />
to utilise them.<br />
Tier 1<br />
A Tier 1 plan is site-specific and includes most onshore industry with <strong>oil</strong> transfer sites, offshore<br />
installations (including rigs & platforms), pipelines and certain vessels from which a <strong>spill</strong> of <strong>oil</strong> into the<br />
marine environment is possible. All Tier 1 sites and vessels are expected to be able to provide a<br />
clearly identifiable first <strong>response</strong> to pollution incidents for which they are responsible. 2<br />
In the case of an actual or probable <strong>oil</strong> <strong>spill</strong> from a vessel, the ship’s master is responsible for<br />
notifying authorities and ensuring that containment efforts begin immediately. Depending on both the<br />
circumstances and resources/equipment available, the master may also initiate clean-up operations if<br />
safe for the personnel involved. If the <strong>spill</strong> is onshore or from an offshore installation, the company,<br />
plant or site manager is responsible for ensuring these actions are commenced without delay.<br />
After notifying the regional council or <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> of the <strong>spill</strong>, the person in charge must<br />
take immediate steps to control the <strong>spill</strong> following directions in the relevant approved contingency<br />
plan. If that person seeks support, or if the regional council considers that the <strong>response</strong> needed is<br />
beyond the capability of the site to provide, the Regional On-scene Commander (ROSC) will take<br />
charge and control of the <strong>response</strong> by escalating to a Tier 2. Similarly, a Tier 1 incident may be<br />
escalated directly to a Tier 3 by the National On-scene Commander (NOSC).<br />
If the <strong>spill</strong> is outside the Territorial Sea (such as an offshore installation, vessel in transit or waters<br />
around offshore islands within the EEZ), and beyond the capability of the site to respond, control of<br />
the <strong>response</strong> passes directly from the Tier 1 person in charge to a Tier 3 NOSC.<br />
2<br />
The <strong>Maritime</strong> Transport Act 1994 requires that ships are to have <strong>response</strong> plans where required by the marine protection rules.<br />
The rules require <strong>oil</strong> tankers exceeding 150 gross tons and all other ships exceeding 400 gross tons to have Shipboard Oil Pollution<br />
Emergency Plans. These demarcations mirror those specified in MARPOL 73/78. As such, recreational vessels and the <strong>New</strong><br />
<strong>Zealand</strong> Defence Force ships are equally subject to these requirements.<br />
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All vessels that meet the criteria specified by the MARPOL 73/78 convention (as reflected in Part 130A)<br />
are required to have a shipboard <strong>oil</strong> pollution emergency plan (SOPEP), approved and audited by<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> or the appropriate maritime authority for foreign flagged vessels.<br />
The owner of an <strong>oil</strong> transfer site is required to ensure that an approved <strong>oil</strong> <strong>spill</strong> contingency plan has<br />
been produced (either by themselves or their tenants or lessees). The regional council, acting under a<br />
delegation from the Director, will be responsible for approving and auditing the contingency plans for<br />
<strong>oil</strong> transfer sites.<br />
The owner of an offshore installation (or their tenants or lessees) is required to produce a marine <strong>oil</strong><br />
<strong>spill</strong> contingency plan. In addition, discharge management plans are to incorporate emergency<br />
<strong>response</strong> provisions for <strong>oil</strong> <strong>spill</strong>s. Both contingency plans and discharge management plans are<br />
approved and audited by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>. Where there are a number of related structures in a<br />
limited and defined geographic area, such as a large hydrocarbon field, the same contingency plan<br />
under the emergency <strong>response</strong> provisions may be shared if appropriate.<br />
If a <strong>spill</strong> from a Tier 1 site cannot be contained and recovered by the <strong>spill</strong>er, it must escalate to the<br />
next appropriate Tier.<br />
Tier 2<br />
Tier 2 <strong>response</strong> is the responsibility of regional councils and those unitary authorities acting as<br />
regional councils under the Act. These agencies must maintain the regional contingency plan for their<br />
region.<br />
Within their regions, these councils will respond to marine <strong>oil</strong> <strong>spill</strong>s that exceed the clean-up capability<br />
of Tier 1 (some regions have instigated a policy whereby a Tier 1 incident automatically escalates to<br />
Tier 2 if <strong>oil</strong> enters waters in the public domain). They will also respond to those <strong>spill</strong>s for which no<br />
responsible party can be identified. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will provide regional councils with sufficient<br />
equipment, training and opportunities to exercise their expertise in order to competently undertake this<br />
role.<br />
Regional council Tier 2 personnel and resources also play a fundamental role in Tier 3 <strong>response</strong>s. In<br />
the event of a significant incident that escalates to Tier 3, the Tier 2 responders maintain the <strong>response</strong><br />
during the transition phase, and still form an integral and vital part of clean-up activities at the Tier 3<br />
level.<br />
Each regional council is required to produce, maintain and implement a regional marine <strong>oil</strong> <strong>spill</strong><br />
contingency plan for their Territorial Sea (out to 12 nautical miles). <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will approve<br />
and audit these regional plans. The regional contingency planning process should also include pre<strong>spill</strong><br />
segmentation of the region’s coastline by suitable trained assessors, to identify homogenous<br />
segments and any associated <strong>response</strong> issues in advance of an incident.<br />
An opportunity now exists for most regional councils to link their contingency planning process to the<br />
risk assessments that should be undertaken every three years under the <strong>New</strong> <strong>Zealand</strong> Port and<br />
Harbour Marine Safety Code 2004. The Code, though voluntary in nature, stipulates that the region<br />
should undertake a risk assessment for all harbours and areas of compulsory pilotage within their<br />
jurisdiction. Risk assessment should form the basis and be a fundamental driver of contingency<br />
planning.<br />
The relationship between Tier 2 & 3 plans has undergone a significant evolution since the previous<br />
<strong>strategy</strong> in 2000. The structure of the plans has been redefined, so national and regional plans will<br />
contain uniform operational procedures. Regional Tier 2 plans will include specific local information in<br />
appropriate annexes. As <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> maintains the generic front end of the plan, regional<br />
councils can concentrate their resources on identifying and prioritising sensitive areas and local<br />
<strong>response</strong> issues.<br />
During an incident, if a <strong>spill</strong>er cannot be identified or if a <strong>spill</strong> is beyond the capability of the Tier 1 site<br />
to respond, the ROSC will assume responsibility for the clean-up operation within their region directly.<br />
The ROSC shall decide whether or not it is appropriate for any action to be taken in <strong>response</strong> to that<br />
marine <strong>oil</strong> <strong>spill</strong>. According to section 303 of the <strong>Maritime</strong> Transport Act, the principal objective of the<br />
ROSC in taking any such action will be to prevent further pollution from the marine <strong>oil</strong> <strong>spill</strong>, and to<br />
contain and clean up the <strong>oil</strong> <strong>spill</strong> in accordance with the relevant regional marine <strong>oil</strong> <strong>spill</strong> contingency<br />
12
plan. The action taken in <strong>response</strong> to the <strong>spill</strong> must not cause unreasonable danger to human life or<br />
cause an unreasonable risk of injury to any person.<br />
The ROSC has a responsibility (detailed in the National Plan) to notify <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>’s Rescue<br />
Co-ordination Centre as soon as they become responsible for a marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> operation.<br />
The ROSC may seek the support of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> at any stage, and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong><br />
may appoint a representative to support the ROSC, where appropriate, to offer technical advice.<br />
If the <strong>spill</strong> is beyond the capability or resources at the disposal of the ROSC, either the <strong>Maritime</strong> <strong>New</strong><br />
<strong>Zealand</strong> representative, or the <strong>oil</strong> <strong>spill</strong> duty officer (OSDO), or the NOSC, should be notified as soon as<br />
possible, and the <strong>response</strong> escalated to Tier 3. The NOSC may also determine at any time that<br />
progression from regional to national <strong>response</strong> is appropriate.<br />
Tier 2/3 Transition<br />
The Tier 2 to Tier 3 transition depends on the timing of the escalation to Tier 3, and the arrival of the<br />
NOSC and the team to the Incident Command Centre (ICC). When a Tier 3 is declared, the NOSC<br />
assumes control of the incident. There may be elements of the operation delegated to the ROSC to<br />
fulfil while the NOSC is en route to the incident. However the elevation of an incident to Tier 3 (see<br />
Response Escalation Criteria) is the responsibility of the NOSC. This enables the NOSC to ready the<br />
ICC and local <strong>response</strong> for the next level of operations. The NOSC and the wider team’s travel<br />
generally will be separate to mitigate out any possibility of transit ‘failure’.<br />
Tier 3<br />
Tier 3 is the responsibility of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>. When, due to size, complexity or environmental<br />
impact, containing and cleaning up a marine <strong>oil</strong> <strong>spill</strong> exceeds the capacity of the resources available at<br />
both Tier 1 and/or 2, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will assume responsibility for managing the <strong>response</strong><br />
under the National Plan. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will also manage the <strong>response</strong> to any <strong>oil</strong> <strong>spill</strong> within the<br />
Exclusive Economic Zone (EEZ), and those beyond the EEZ over the <strong>New</strong> <strong>Zealand</strong> continental shelf.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is responsible for the National Plan. This entails the maintenance of a generic<br />
plan containing all operational procedures, which will be added to the regional Tier 2 annexes<br />
containing all pertinent local information to facilitate a successful <strong>response</strong>.<br />
In addition and as appropriate, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will produce ‘special area’ contingency plans,<br />
such as the Fiordland plan. These will be developed where an area is of such environmental<br />
significance, or has such complex <strong>response</strong> issues, that it is deemed necessary to address<br />
contingency planning as a discrete entity at a national level.<br />
<strong>New</strong> <strong>Zealand</strong>'s Tier 3 <strong>response</strong> capability is made up of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, the regions,<br />
contractors, consultants and agencies where agreements are in place.<br />
In a Tier 3 <strong>response</strong> the NOSC assumes control of and responsibility for the marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong><br />
operations. The functions and powers of the NOSC are the same as those described for the ROSC.<br />
However, the directions of the NOSC will prevail over those of the ROSC.<br />
If a large marine <strong>oil</strong> <strong>spill</strong> occurs anywhere in <strong>New</strong> <strong>Zealand</strong>’s area of responsibility, and it is beyond the<br />
nation’s own resources to contain and clean up, the Director will seek international support for the Tier<br />
3 <strong>response</strong>. Through the 1990 International Convention on Oil Spill Preparedness, Response and Cooperation<br />
(OPRC), <strong>New</strong> <strong>Zealand</strong> has already established arrangements to provide international<br />
support. The National Marine Oil Spill Contingency Plan will be used to plan for and carry out a<br />
<strong>response</strong> involving international resources.<br />
<strong>New</strong> <strong>Zealand</strong> has reciprocal obligations to fulfil international agreements and conventions to provide<br />
assistance beyond <strong>New</strong> <strong>Zealand</strong> marine waters to neighbouring countries, including Australia and the<br />
South Pacific. Operational arrangements needed to allow these obligations to be met, such as<br />
Memoranda of Understanding, will be included within the National Plan.<br />
Reviews<br />
After any marine <strong>oil</strong> <strong>spill</strong> (Tier 1, 2 or 3) the Director may review the incident to explore potential<br />
improvements to contingency plan arrangements for future <strong>response</strong>s. This would be undertaken<br />
pursuant to section 325 of the Act. In order to carry out these reviews with the greatest efficiency and<br />
effectiveness, a sub-committee of OPAC has been established (though the Director may include other<br />
experts as required). Acting on behalf of the Director, the Marine Oil Spill Response Review Group<br />
13
(MOSRRG) reviews Tier 1 & 2 incidents referred to it by the Director. As a matter of best practice, the<br />
MOSRRG should meet on an annual basis at least, more if appropriate, to review incidents occurring<br />
over the previous year. Tier 3 <strong>response</strong>s will be reviewed by independent, external means.<br />
As there is no formal statutory process for the review of the National Plan, the Director has determined<br />
that the most appropriate means to ensure the completeness and currency of the plan is to also seek<br />
the advice of the MOSRRG. This sub-committee will therefore be asked, on occasion, to audit the<br />
National Plan with terms of reference similar to section 325 reviews of <strong>spill</strong> incidents and report their<br />
findings to the Director.<br />
The On-Scene Commander<br />
The Act provides for suitable, qualified people to be appointed either as a regional or national Onscene<br />
Commander (OSC). The Director is responsible both for appointing each NOSC, and qualifying<br />
personnel for appointment by regional councils of each ROSC.<br />
All OSCs will be provided with a warrant card as evidence of their identity and statutory authority under<br />
which they are acting.<br />
In order to combat marine <strong>oil</strong> <strong>spill</strong>s successfully Part 23 of the Act provides OSCs with clear direction<br />
as to their responsibilities and with a wide range of statutory powers. For any <strong>oil</strong> <strong>spill</strong> the OSC<br />
should:<br />
• Minimise, and where possible, prevent further pollution from the marine <strong>oil</strong> <strong>spill</strong>;<br />
• Take whatever measures necessary to disperse, contain and recover, or clean up the <strong>oil</strong> <strong>spill</strong> in<br />
accordance with the relevant contingency plan.<br />
The OSC should, where practical, take the following general course of action:<br />
• Take any necessary steps, including sampling, to identify the source of the <strong>spill</strong>;<br />
• Prevent any imminent <strong>spill</strong> from occurring;<br />
• Prevent further <strong>spill</strong>age from occurring;<br />
• Minimise, and where possible, prevent the spread of pollution;<br />
• Mitigate any harmful effects of the <strong>spill</strong>;<br />
• Protect threatened resources, areas and species;<br />
• Monitor the effects of the <strong>spill</strong>;<br />
• Consider the advice of appropriately qualified technical experts;<br />
• Clean up and remove the pollution;<br />
• Dispose of the waste appropriately.<br />
Under both the Health and Safety in Employment Act 1992 (HSE) and the Act, the OSC must ensure<br />
the health and safety of the public, responders, and any personnel associated with the <strong>spill</strong>er.<br />
Under section 327 of the Act, when an OSC, or any person working with an OSC, has acted in good<br />
faith in the performance of their duties in responding to an <strong>oil</strong> <strong>spill</strong>, they are protected from liability for<br />
any loss or damage to property caused by their actions.<br />
There is a wide range of actions that the OSC may decide to take in respect of a marine <strong>oil</strong> <strong>spill</strong>.<br />
These powers are set out in section 305 and 311 of the <strong>Maritime</strong> Transport Act, and include the<br />
power to direct the master or owner of a <strong>New</strong> <strong>Zealand</strong> ship to do or stop doing anything that they<br />
consider necessary or desirable to control or clean up the <strong>spill</strong>.<br />
Spill Notification and Reporting<br />
Initial Notification<br />
Where there is an actual or probable <strong>spill</strong> of <strong>oil</strong> into the marine environment it is the responsibility of<br />
the <strong>spill</strong>er to notify either <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> (through the Rescue Co-ordination Centre) or the<br />
appropriate regional council, by the quickest means possible. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and all regional<br />
councils will provide 24-hour contact telephone numbers for marine <strong>oil</strong> pollution incidents. Reporting<br />
a marine <strong>oil</strong> <strong>spill</strong> incident in no way implies an admission of guilt, but failure to report an incident is<br />
clearly an offence.<br />
Regional councils should also notify <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> whenever they respond to a marine <strong>spill</strong>.<br />
14
The obligation to report actual or probable discharges of <strong>oil</strong> in breach of the marine protection rules<br />
or resource management regulations applies to all vessels, not just those that are required to have<br />
shipboard contingency plans.<br />
Format<br />
Existing standard international <strong>oil</strong> <strong>spill</strong> notification formats and procedures for shipping, other maritime<br />
industries and commercial aviation should be followed whenever possible.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will provide regional councils with an appropriate format for this notification,<br />
based on international standards. However, sufficient flexibility should be maintained for both the<br />
ROSC and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to meet their respective requirements. Other agencies, including but<br />
not limited to, the Police, Fire Service, Coastguard, coastal radio stations (national and local), port<br />
companies, Civil Aviation Authority, Department of Conservation and <strong>New</strong> <strong>Zealand</strong> Defence Force,<br />
may also be notified of a marine <strong>oil</strong> <strong>spill</strong> by the public. These agencies will be provided with<br />
information on the appropriate communication channels and formats for <strong>oil</strong> <strong>spill</strong> reports.<br />
Spill Assessment and Response Assignment<br />
It is the responsibility of the incident controller (at Tier 1) and the OSC (at Tiers 2 & 3) to assess and<br />
evaluate information provided at the time of the initial notification of a <strong>spill</strong>. In every case a decision<br />
needs to be made as early as possible about the appropriate size of the <strong>response</strong> and the<br />
appropriate level of command and control. There are a number of factors that can influence these<br />
decisions, and to ensure that there is minimal chance of confusion, these factors should be clearly<br />
defined in the contingency plans. These can be referred to as ‘<strong>response</strong> escalation criteria’.<br />
Response Escalation Criteria<br />
The Act requires, in sections 299 and 300, that the person responsible for implementing the<br />
contingency plan (incident controller at Tier 1 or regional OSC at Tier 2) notify either the regional OSC<br />
or national OSC respectively, if containing and cleaning-up the <strong>spill</strong> is or may be beyond the capacity<br />
of the resources available to them.<br />
There are many reasons why a responder at one level may find that they are unable to adequately<br />
respond to a <strong>spill</strong>:<br />
• Size of the <strong>spill</strong> – the volume of <strong>oil</strong> <strong>spill</strong>ed (or likely to be <strong>spill</strong>ed) may be beyond the resources,<br />
equipment or expertise immediately available to the <strong>response</strong> agency;<br />
• Character of the <strong>oil</strong> – the type of <strong>oil</strong> may be one for which specialist <strong>response</strong> expertise or<br />
equipment is needed;<br />
• Location of the <strong>spill</strong> – the location of the <strong>spill</strong> may be difficult to reach, may require specialised<br />
equipment, or may be well offshore;<br />
• Nature or extent of the impact of the <strong>oil</strong> – any combination of <strong>oil</strong> type and character, <strong>spill</strong><br />
location, environmental conditions, shoreline type, and proximity to sensitive resources could<br />
influence the size of any impact created;<br />
• Country of registration of the ship;<br />
• Potential for further <strong>spill</strong>age – the nature of the incident (grounding, collision, accidental<br />
discharge, etc) could play a role in determining the likelihood of a <strong>spill</strong> or further <strong>spill</strong>s, as could<br />
the size of the ship;<br />
• Cost of <strong>response</strong> – <strong>oil</strong> <strong>spill</strong> <strong>response</strong> can involve the expenditure of large amounts of money,<br />
which, depending on the <strong>spill</strong>er, can take some time to recover. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong><br />
maintains agreements with regions about the cost of <strong>response</strong>s at which the region expects<br />
escalation to Tier 3.<br />
An escalation of a <strong>response</strong> will generally occur when one of two factors is present:<br />
• When the cost begins to exceed stipulated limits for Tier 1 or 2, or<br />
• When a decision is made by either the OSC or <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to escalate the <strong>response</strong><br />
effort.<br />
An escalation will result in greater resources and funding for application to an <strong>oil</strong> <strong>spill</strong> <strong>response</strong>.<br />
Response De-escalation<br />
Once a <strong>spill</strong> <strong>response</strong> has been formally escalated to the next level, then responsibility for control<br />
remains with the higher agency (or OSC) until the <strong>response</strong> is terminated. A <strong>spill</strong> <strong>response</strong> cannot be<br />
15
de-escalated. This is to ensure consistency and decrease the likelihood of <strong>response</strong> decisions<br />
becoming misinterpreted. It also safeguards against costs being unaccounted for.<br />
In a long-running <strong>response</strong>, it may be practical for the agency or OSC in control to delegate some or<br />
all functions to another agency and demobilise under-utilised resources. The resources involved in a<br />
<strong>response</strong> may be increased or decreased at various times according to operational requirements.<br />
Responsibility for completing the <strong>response</strong> remains with the higher level agency or OSC.<br />
Response Termination<br />
Termination criteria will be determined in consultation with community representatives and appropriate<br />
stakeholders. This will take into account a wide range of values unique to the individual nature of each<br />
incident, based on the principles of net environmental benefit assessment. Ultimately, the final<br />
decision to terminate a <strong>response</strong> lies with the OSC under section 304 of the Act and in the case of a<br />
Tier 3, with the consent of the Director. It will also represent the cessation of funding for any further<br />
cleanup costs.<br />
Command and Control<br />
Emergencies such as <strong>oil</strong> <strong>spill</strong>s require prompt, decisive and informed action. A clear and effective<br />
command and control system is essential, as is the knowledge and expertise required to implement<br />
that system. The initial phase of a <strong>response</strong> may be critical with little time available for assessment of<br />
the situation and the need for action to be taken as soon as possible. In order to ensure that the initial<br />
phase of a <strong>response</strong> is effective and efficient, it is essential that adequate resources are mobilised<br />
immediately. This is particularly important upon declaration of a Tier 3 <strong>response</strong> when the NOSC and<br />
key personnel may have some distance to travel to the incident location. Accordingly, a minimum initial<br />
<strong>response</strong> team structure and size has been determined for Tier 3 incidents.<br />
The <strong>New</strong> <strong>Zealand</strong> Coordinated Incident Management System (CIMS) has been adopted by the Ministry<br />
for Civil Defence and Emergency Management and a wide range of agencies involved in emergency<br />
<strong>response</strong> including <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and local government. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> continues to<br />
be involved in the development and coordination of CIMS at the national level.<br />
CIMS is designed to improve emergency <strong>response</strong> management through better coordination between<br />
the organisations involved. CIMS is also a flexible system that enables different agencies to carry out<br />
their statutory obligations without unnecessary alteration to internal operational procedures. The focus<br />
of CIMS is on inter-agency operations rather than the internal operations of the various agencies.<br />
<strong>New</strong> <strong>Zealand</strong>’s marine <strong>oil</strong> <strong>spill</strong> command and control system is compatible with CIMS and is not<br />
dissimilar to the systems employed in most developed countries. Details on <strong>New</strong> <strong>Zealand</strong>’s system<br />
and how CIMS is incorporated during <strong>spill</strong> <strong>response</strong> are contained in the National Plan.<br />
Response Options<br />
OSCs are legally entitled to take whatever action is appropriate and necessary to clean up and/or<br />
mitigate the effects of a marine <strong>oil</strong> <strong>spill</strong> under the Act. In determining the correct <strong>response</strong> options for<br />
each circumstance, the OSC is expected to judge options according to net environmental benefit<br />
assessment (NEBA). This process ensures that any <strong>response</strong> option results in the best environmental<br />
outcome.<br />
The <strong>spill</strong>er, while being responsible for any costs associated with the <strong>response</strong>, may not be the legal<br />
owner of the <strong>oil</strong>. In whatever form or condition the <strong>oil</strong> is finally recovered, it still remains the property<br />
of the original owner. If practical, the OSC may consult with the original owner or their agent to<br />
determine their preferred course of action. However, the ultimate responsibility for decisions<br />
concerning recovery or disposal of <strong>oil</strong>y waste remains solely with the OSC. Once waste has been<br />
collected and contained it must also be disposed of in accordance with any regional rules governing<br />
waste disposal made under the RMA.<br />
Monitoring<br />
Monitoring can be broadly described as either Type 1 (operational) or Type 2 (non-operational/<br />
scientific). Type 1 provides information of direct relevance to the <strong>spill</strong> <strong>response</strong> operation, and<br />
generally refers to cost recoverable monitoring prior to <strong>response</strong> termination. Type 2 includes any<br />
16
environmental monitoring that is undertaken for purposes other than providing information to guide a<br />
<strong>spill</strong> <strong>response</strong>, and generally occurs after the <strong>response</strong> has been terminated. This monitoring should<br />
be by prior agreement with either the <strong>spill</strong>er or the <strong>New</strong> <strong>Zealand</strong> government, since costs cannot be<br />
met from the Oil Pollution Fund. 3<br />
Initiation of operational monitoring should be the first phase of any <strong>response</strong>, occurring before and<br />
during the active <strong>response</strong> stage. Sound decisions can only be made on the basis of accurate<br />
information about the <strong>spill</strong>ed <strong>oil</strong> and the environment into which it has been released.<br />
Though monitoring will always be a component of any <strong>response</strong>, Type 1 monitoring may be the only<br />
action necessary and a legitimate <strong>response</strong> option in certain circumstances, where depending on the<br />
type and volume of <strong>oil</strong>, the location and climatic conditions, the most effective <strong>response</strong> may be to<br />
allow natural dispersion and weathering.<br />
If further action is required, ongoing operational monitoring is essential to gauge the success of<br />
<strong>response</strong> activities, and to inform the NEBA process during clean-up. Any reasonable costs<br />
associated with such monitoring are legitimately included in the <strong>response</strong>, and are fully cost<br />
recoverable from the <strong>spill</strong>er.<br />
Type 2 monitoring may also be necessary for reasonable environmental reinstatement after the <strong>spill</strong><br />
has occurred, providing it satisfies the principles of NEBA. It would first involve investigating if<br />
reinstatement was feasible, then determining when the reinstatement had reached a sufficient stage to<br />
conclude. Type 2 also includes assessment of long-term environmental effects after a <strong>spill</strong>.<br />
Intervention, Places of Refuge and Salvage<br />
One of the statutory objectives of the OSC is to minimise and where possible prevent further pollution.<br />
Avoiding a potential or imminent <strong>spill</strong> is recognised as the best outcome in <strong>oil</strong> <strong>spill</strong> <strong>response</strong>. Salvage<br />
of a vessel or installation, or containment of the <strong>oil</strong> within its original structure (tank, bunker, pipeline,<br />
etc.), or safe transfer of the <strong>oil</strong> to secondary containment (a barge or lightering vessel) may prevent the<br />
<strong>oil</strong> from <strong>spill</strong>ing. This will prevent or minimise environmental effects, potentially reduce toxic or health<br />
impacts, and very likely lower the overall cost of <strong>response</strong>.<br />
It is not the role or responsibility of the OSC or the <strong>response</strong> operation to engage in salvage<br />
operations. However, Parts 19 and 20 of the <strong>Maritime</strong> Transport Act have provided the Director with<br />
wide powers to intervene to protect marine interests (see Glossary) from discharges of harmful<br />
substances during emergencies. The Director (or nominee) can require the owners of a hazardous ship<br />
or offshore installation, a ship's master or salvor, or the operator of an offshore installation or pipeline<br />
to take actions to protect marine interests. The Director can also take direct action, with respect to<br />
the ship, structure or cargo. The OSC, and to a lesser extent the harbourmaster (under local bylaws),<br />
may apply powers to intervene with salvage aspects of marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong>s. A summary of the<br />
salvor’s responsibilities is provided in Appendix 7.<br />
In certain circumstances, direction of a stricken vessel to a place of refuge may be a priority action to<br />
prevent or reduce the harmful effects of a <strong>spill</strong>. Under the Act, the Director may nominate any<br />
appropriate area as a place of refuge, depending on a range of environmental and climatic factors as<br />
well as the nature of the incident. Criteria have been developed to assess the suitability of potential<br />
places of refuge, in accordance with International <strong>Maritime</strong> Organisation guidelines and international<br />
best practice.<br />
Once the Director has declared a vessel to be a hazardous ship, all options will be judged against the<br />
defined criteria to select the most suitable place of refuge under the prevailing circumstances.<br />
On-water Response<br />
Dealing with a <strong>spill</strong> while it is still afloat will most often be preferable to allowing the <strong>oil</strong> to strand<br />
onshore. Priority should be given to preventing <strong>oil</strong> reaching sensitive coastal environments.<br />
The options for on-water <strong>response</strong>s are:<br />
• Natural dispersion through wind and wave action;<br />
• Application of chemical dispersants; deflection or containment with booms;<br />
• In-situ burning;<br />
• Collection and removal.<br />
3<br />
For further details, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has produced a background paper in conjunction with the Australian <strong>Maritime</strong> Safety<br />
Authority entitled ‘Oil Spill Monitoring’, which is available on request.<br />
17
All <strong>New</strong> <strong>Zealand</strong> marine waters are designated as pre-approved for dispersant application, unless<br />
specifically excluded in either a regional plan or the National Marine Oil Spill Contingency Plan. In all<br />
cases, the NOSC has the authority to use dispersant even in excluded areas, if this will lead to the<br />
greatest net environmental benefit. Oil Spill Dispersant Guidelines for use in <strong>New</strong> <strong>Zealand</strong> have been<br />
produced to assist the decision making process. 4<br />
Shoreline Response<br />
Once <strong>oil</strong> has reached the shore, the environmental impact and cost of cleaning are often much greater<br />
than if the <strong>spill</strong> had been dealt with at sea.<br />
The primary options for shoreline <strong>response</strong> are:<br />
• Pre-cleaning (to improve access and reduce waste);<br />
• Mechanical and/or manual clean-up;<br />
• Natural recovery;<br />
• Bioremediation (using living organisms to speed <strong>oil</strong> degradation).<br />
A recent innovation to shoreline <strong>response</strong> has been the development of Shoreline Clean-up<br />
Assessment Treatment (SCAT). This involves delineating the impacted coast into homogenous<br />
segments, and gathering data on each to assist prioritisation. This process can be augmented by pre<strong>spill</strong><br />
segmentation at the contingency planning stage, to speed <strong>response</strong>s during an incident.<br />
Wildlife Response<br />
The aim of wildlife <strong>response</strong> is to avoid, remedy or mitigate any detrimental impacts on wildlife during<br />
an <strong>oil</strong> pollution <strong>response</strong>. This primarily concerns marine and coastal birds, reptiles, and where safety<br />
allows, marine mammals, due to their susceptibility, protection status and community expectations.<br />
While the OSC is directly responsible for ensuring there is a credible and effective wildlife <strong>response</strong>,<br />
additional specific expertise will be needed. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has contracted Massey University<br />
to develop and maintain a Tier 3 wildlife <strong>response</strong> operational plan annexed to the National Plan, a<br />
national wildlife treatment facility, and personnel and equipment for use during <strong>spill</strong> <strong>response</strong>. The<br />
Department of Conservation and Tangata Whenua should also be involved where protected or<br />
culturally significant species (see Appendix 5) are threatened, and as key conservation management<br />
stakeholders.<br />
Wildlife <strong>response</strong> will, whenever possible adhere to international best practice protocols while<br />
prioritising human safety as well as animal welfare. Where appropriate, it may involve exclusion<br />
(‘hazing’), and/or pre-emptive capture. In all cases, monitoring of rescued and released wildlife should<br />
be an integral component of the rehabilitation process providing feedback to improve efficiency of ongoing<br />
operations.<br />
Should a <strong>spill</strong> occur whereby there is no direct <strong>response</strong> action to contain and recover the <strong>oil</strong>, wildlife<br />
<strong>response</strong> may be the only intervention activity undertaken.<br />
Wildlife <strong>response</strong> costs authorised by the OSC are fully recoverable from the <strong>spill</strong>er, under both the<br />
<strong>Maritime</strong> Transport Act and the Civil Liability Convention 1969. It is recognised that <strong>oil</strong>ed wildlife may<br />
be discovered after other <strong>response</strong> efforts have ceased, and this should be taken into account during<br />
de-escalation and termination.<br />
Oil Spill Response Capability<br />
Though an effective <strong>response</strong> capability has been firmly established in <strong>New</strong> <strong>Zealand</strong> under the<br />
previous <strong>response</strong> strategies, every effort should be made to ensure continuous development, with a<br />
strong commitment to build experience in personnel.<br />
Equipment<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will allocate sufficient basic equipment to the regional councils to respond to<br />
<strong>spill</strong>s identified in the risk assessment as likely to occur within their individual boundaries. The amount<br />
of equipment deployed in the regions depends on the potential size of <strong>oil</strong> <strong>spill</strong>s identified and the type<br />
of product e.g., those with major <strong>oil</strong> terminals have more specialist equipment. This gives each region<br />
4<br />
Available on request from <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> or the Cawthron Institute.<br />
18
the independence both to deal with minor <strong>spill</strong>s and to mount a credible first <strong>response</strong> to more<br />
significant incidents. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> retains much of the larger, specialised equipment in its<br />
inventory for rapid deployment anywhere in the country.<br />
Where equipment is deployed regionally, a contractual agreement between the regional council and<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is established. This outlines the agreed standards for maintenance,<br />
management, deployment, storage and use of that equipment.<br />
The allocation of equipment will be subject to regular review, with reference both to the risk<br />
assessment and consultation with the regions, to ensure suitable levels and appropriate types are<br />
distributed at the correct locations. The key considerations are flexibility and the ability to quickly<br />
redeploy equipment either regionally or nationally. This may also include the development of rapid<br />
deployment facilities within each region as an immediate <strong>response</strong> tool, where appropriate and<br />
necessary.<br />
Planning for new equipment purchase and replacement will be undertaken by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, in<br />
consultation with OPAC and both national and regional OSCs.<br />
All equipment paid for by the Oil Pollution Fund (OPF) remains the property of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> as<br />
part of the overall national <strong>oil</strong> <strong>spill</strong> <strong>response</strong> equipment inventory, regardless of any allocations to the<br />
regions. As such, it must always be available for emergency redeployment to other regions in the<br />
event of a <strong>spill</strong>.<br />
Some of the national inventory of <strong>response</strong> equipment, including that allocated to the regions, is<br />
available for limited hire to outside parties with the approval of the Director. While hired, the<br />
equipment must still be available for emergency deployment should a major marine <strong>spill</strong> occur.<br />
Under contract, Massey University’s Institute of Veterinary, Animal and Biomedical Sciences has<br />
established wildlife treatment facilities at the Palmerston North Campus, and developed specialist<br />
equipment for deployment during a <strong>response</strong>. These will continue to be maintained according to the<br />
terms of the contract.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> maintains a complete database of all national and regional <strong>oil</strong> <strong>spill</strong> <strong>response</strong><br />
equipment, including dispersant stocks. All <strong>response</strong> equipment, whether stored at regional or<br />
national centres, will be maintained according to standards specified in maintenance plans developed<br />
by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to ensure readiness, availability and protection against biosecurity risks<br />
during redeployment.<br />
All items of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> equipment used in Tier 2 and 3 <strong>spill</strong> <strong>response</strong>s have either hire rates<br />
or replacement values (where consumed), and payment of these costs is the responsibility of the<br />
<strong>spill</strong>er.<br />
Personnel<br />
Personnel requirements for an <strong>oil</strong> <strong>spill</strong> <strong>response</strong> depend on the size and complexity of the incident.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> maintains a core of approximately 400 responders who have received training<br />
at various levels.<br />
Many of these people would form the initial <strong>response</strong> to a marine <strong>oil</strong> <strong>spill</strong> in their region. They are<br />
predominantly regional council, district council and port company employees, and are identified in the<br />
regional plans. At the national level, they are also available for a major <strong>response</strong> in either their own or<br />
any other region. This arrangement gives <strong>New</strong> <strong>Zealand</strong> a large pool of trained responders.<br />
Oil <strong>spill</strong> <strong>response</strong> experience over recent years has highlighted the need for a greater degree of<br />
structure and organisation for <strong>response</strong> to Tier 3 incidents. Tier 3 incidents are inevitably more<br />
significant and demanding with regard to impact and resource requirements. Accordingly, effective<br />
<strong>response</strong> preparedness for Tier 3 incidents requires significant planning and preparation, including the<br />
initial <strong>response</strong> team size and structure, identification of available <strong>response</strong> personnel, standard<br />
operating procedures for mobilisation and deployment, and appropriate training and exercising.<br />
Further development of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>'s Tier 3 <strong>response</strong> capability, and in particular initial<br />
<strong>response</strong> organisation and structure, is being undertaken and will progress through the current<br />
strategic period.<br />
19
Training<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is responsible for providing and co-ordinating training for those who will be<br />
involved in Tier 2 and 3 <strong>response</strong>s. Industry retains responsibility for providing appropriate training to<br />
their Tier 1 <strong>response</strong> personnel.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> offers a wide variety of training courses covering all aspects of <strong>oil</strong> <strong>spill</strong><br />
<strong>response</strong>. People identified as integral to national or regional <strong>response</strong> are required to attend the<br />
relevant <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> <strong>spill</strong> <strong>response</strong> course, or an approved alternative, and have their skills<br />
revalidated every four years. Unless this is achieved, they may not be permitted to work in key<br />
positions in regional or national <strong>response</strong> teams.<br />
Where an OSC can demonstrate, through staff participation in incidents, exercises or other training,<br />
that key staff in the regional <strong>response</strong> team are maintaining competency in their respective <strong>response</strong><br />
roles, then credit can be given for training validation.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> also ensures adequate training has been provided to its own staff, appropriate<br />
to each person’s potential role in a marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> team. This includes key staff involvement<br />
in overseas incidents and exercises.<br />
The OPF will meet the costs of attendance at <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> <strong>response</strong> courses for any person<br />
confirmed as a member of a national or regional <strong>response</strong> team that is also endorsed by an OSC.<br />
Where regional councils find that inadequate numbers of responders are available within their<br />
organisations, other suitable nominees from the wider community will be accepted onto the <strong>Maritime</strong><br />
<strong>New</strong> <strong>Zealand</strong> training program and paid for from the OPF. The training courses are also available to<br />
others at cost.<br />
During the course of the current strategic period, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will be progressing the<br />
programme of <strong>oil</strong> <strong>spill</strong> <strong>response</strong> courses towards <strong>New</strong> <strong>Zealand</strong> Qualifications Authority registration<br />
and/or accreditation with an internationally recognised training standard.<br />
Massey University provides training in best practice <strong>oil</strong>ed wildlife <strong>response</strong> principles to teams of<br />
wildlife responders coordinated under the wildlife annexes of Tier 2 marine <strong>oil</strong> <strong>spill</strong> contingency plans.<br />
In-<strong>spill</strong> training, where ad hoc recruits are screened for aptitude and trained in a variety of <strong>response</strong><br />
techniques by experienced responders, is a proven effective <strong>strategy</strong> to meet the very rapid need for<br />
escalation and turnover a large scale event may generate. Massey University’s courses to wildlife<br />
responders are delivered directly through various fora and wildlife <strong>response</strong> principles are integrated in<br />
<strong>oil</strong> <strong>spill</strong> <strong>response</strong> courses offered by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
Exercises<br />
To ensure that <strong>response</strong> capability is maintained and ongoing improvement continues, it is essential to<br />
assess all planning, management and operational <strong>response</strong> procedures by conducting regular<br />
exercises. All components of the <strong>New</strong> <strong>Zealand</strong> marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> system must be periodically<br />
exercised. To facilitate this, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has produced an exercise planning format and the<br />
Guidelines for Exercise Planning and Management. 5<br />
Responsibility for the coordination of <strong>oil</strong> <strong>spill</strong> exercising at industry, regional, and national levels rests<br />
with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>. In coordinating exercise activity, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will endeavour to<br />
improve <strong>response</strong> capability, efficiency and cost effectiveness. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is committed to<br />
providing support and assistance to industry and regions in the planning and execution of exercise<br />
programmes. The involvement of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> staff in regional exercises is an essential<br />
element in the cooperative model of <strong>oil</strong> <strong>spill</strong> <strong>response</strong> that underpins the <strong>response</strong> system. Marine<br />
Protection Rules require the annual exercising of Tier 1 site contingency plans and from time to time<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is invited by industry to participate in larger scale Tier 1 exercises. However,<br />
each Tier 1 site plan is in place because of a specific identified risk and regional on-scene<br />
commanders and their <strong>response</strong> teams should be familiar with the risks and plans in their regions.<br />
Accordingly, regions are encouraged to incorporate Tier 1 sites into their exercise programmes and/or<br />
actively seek involvement in annual Tier 1 site exercises.<br />
The principal aim of regional exercise programmes is to test regional contingency plans, and to<br />
maintain and develop individual and collective skills and knowledge gained during formal training.<br />
5<br />
Available on request from <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
20
Regional exercise programmes should also have regard to the three primary <strong>response</strong> roles of<br />
regions; Tier 2 <strong>response</strong>, transition from Tier 2 to Tier 3, and involvement in Tier 3 <strong>response</strong>s.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will undertake at least one major Tier 3 exercise every four years. Industry<br />
(shipping & <strong>oil</strong> companies) and regional councils will be invited to participate in the planning and<br />
conduct of these national exercises. International involvement and assistance may also be sought<br />
from national marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> agencies, <strong>spill</strong> <strong>response</strong> organisations and consultants.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> may reduce both regional and national exercise frequency in the event of<br />
significant incidents occurring, or when there has been substantial involvement in appropriate exercises<br />
conducted by other agencies.<br />
Cooperation in exercises, both amongst regions and between regions and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>,<br />
enhances <strong>response</strong> preparedness by maintaining operational flexibility and the ability of regional teams<br />
to operate effectively across a range of Tier 2 and Tier 3 incidents.<br />
It is important to note that regional <strong>response</strong> teams and their equipment make up the bulk of our<br />
national <strong>response</strong> capability. In order to maintain that capability, regional personnel and individual<br />
specialists will from time to time be invited to participate in Tier 3 <strong>response</strong> training and in addition to<br />
programmed exercises.<br />
Contracts and Memoranda of Understanding<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> is the lead agency for marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> and its role is to co-ordinate the<br />
efforts and expertise found in public agencies or private sector companies. The most suitable formal<br />
recognition for each agency’s role and responsibilities is either by Memorandum of Understanding<br />
(MoU), commercial contract or agreement.<br />
A combination of these has been established, along with mutual arrangements for international<br />
assistance (see Appendix 6), which will be maintained and developed where appropriate.<br />
Funding and Compensation<br />
The Oil Pollution Levy<br />
The Oil Pollution Levy (OPL) is collected from the risk creating sectors of the maritime industry, as<br />
provided for under the Act, to maintain the Oil Pollution Fund (OPF). The fund provides financial<br />
support for <strong>New</strong> <strong>Zealand</strong>’s preparations for marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> through <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>,<br />
and pays the costs of responding to <strong>spill</strong>s where the source is unidentified.<br />
The OPL is paid by shipping, fishing, <strong>oil</strong> exploration and <strong>oil</strong> production industries, at a rate<br />
proportional to the overall <strong>spill</strong> risk created by the various activities in which they are engaged. The<br />
formula takes into account various factors within each sector, such as vessel or facility size, cargo,<br />
type of fuel, volume of fuel, number of port visits, location and risk profile.<br />
Each financial year <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> produces a financial plan for expenditure from the OPF,<br />
which is referred to OPAC for agreement and recommendation for approval to the Minister of<br />
Transport. Once the Minister approves the planned expenditure, an audit is required for the previous<br />
year’s expenditure.<br />
The OPL is subject to a regular review process to guarantee an appropriate level of funding is always<br />
available. To establish the rate of the levy, the overall sum of levies required to ensure the fund<br />
becomes self sustaining over time is determined, so that the sum total of levies collected meets the<br />
annual cost of maintaining <strong>New</strong> <strong>Zealand</strong>’s marine <strong>oil</strong> <strong>spill</strong> preparedness and <strong>response</strong> capability<br />
defined in the Strategy.<br />
If needed during a <strong>response</strong>, emergency access to Crown funding has been arranged through the<br />
Ministry of Transport, the Domestic and External Security Secretariat and the Treasury.<br />
The Polluter Pays Principle<br />
Wherever possible the full, reasonable cost of any <strong>spill</strong> <strong>response</strong> and clean-up operation will be<br />
sought from the <strong>spill</strong>er. All efforts will be made at both the regional and national levels to ensure that<br />
costs are recovered. The <strong>Maritime</strong> Transport Act provides the statutory mechanisms for all reasonable<br />
<strong>response</strong> costs to be recovered from <strong>spill</strong>ers by the regional councils or <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
21
In all cases, the OSC must keep strict and accurate records of the incident and a full account of all <strong>oil</strong><br />
<strong>spill</strong> <strong>response</strong> costs.<br />
Financial Arrangements for Regional Councils<br />
The Act provides for regional council costs associated with <strong>oil</strong> <strong>spill</strong> <strong>response</strong> contingency planning to<br />
be met from the OPF. Every year each regional council will agree with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> the sum<br />
to be included in that region’s Annual Plan to meet costs for marine <strong>oil</strong> pollution <strong>response</strong> preparation<br />
over the coming year.<br />
These annual budgets will be prepared in accordance with the <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> publication - Oil<br />
Spill Preparedness and Response, Guidelines for Regional Councils: Budget Planning and Preparation. 6<br />
The <strong>Maritime</strong> Transport Act also provides for regional councils to recover all of their legitimate marine<br />
<strong>oil</strong> <strong>spill</strong> <strong>response</strong> costs from either the <strong>spill</strong>er or the OPF, if necessary. Another <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong><br />
publication has been prepared to assist this process - Oil Spill Preparedness and Response,<br />
Guidelines for Regional Councils: Prosecution and Cost Recovery. 6<br />
Under section 444 of the Act, regional councils also have delegated authority to recover costs for<br />
approval, audit and inspection of Tier 1 sites and associated contingency plans directly from the<br />
industry concerned.<br />
Civil Liability and Compensation<br />
The Act provides mechanisms for the recovery of costs relating to <strong>response</strong>, environmental damage<br />
and economic loss. The provisions extend to civil liability and compensation for costs, loss (including<br />
economic) or damage due to marine <strong>oil</strong> <strong>spill</strong>s or <strong>response</strong> operations.<br />
<strong>New</strong> <strong>Zealand</strong> is party to the 1992 International Convention on Civil Liability and Compensation (1992<br />
CLC) and the 1992 International Convention on the Establishment of an International Fund for<br />
Compensation for Oil Pollution Damage (1992 Fund). The <strong>Maritime</strong> Transport Act 1994 and<br />
delegated legislation made under that Act gives effect to these international instruments in <strong>New</strong><br />
<strong>Zealand</strong> law.<br />
The 1992 CLC creates a system of compulsory insurance for pollution damage for owners of tankers<br />
capable of carrying in excess of 2000 tonnes of persistent <strong>oil</strong> as cargo. The maximum liability is<br />
linked to the tonnage of the tanker. The 1992 Fund provides supplementary compensation to those<br />
that cannot obtain full compensation for <strong>oil</strong> pollution damage under the 1992 CLC. 1992 CLC allows<br />
for costs associated with humane intervention for wildlife to be recovered. The costs for Type 2<br />
monitoring and environmental restoration might also be recoverable, but would be assessed on a<br />
‘case-by-case’ basis and by prior agreement with the <strong>spill</strong>er or their insurers.<br />
For non-tanker vessels greater than 400GRT, <strong>New</strong> <strong>Zealand</strong> law requires evidence of insurance<br />
sufficient to meet owners' potential liability for pollution damage and <strong>response</strong> costs.<br />
Compliance<br />
Within the Territorial Sea, regional councils are responsible for compliance under the RMA. In the<br />
remainder of <strong>New</strong> <strong>Zealand</strong> marine waters and in certain circumstances within the 12 nautical mile limit,<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> ensures compliance under the Act. Both pieces of legislation have marine<br />
pollution offence provisions that will be used by the respective agencies to seek compliance with the<br />
relevant regulations and recover <strong>response</strong> costs.<br />
Enforcement<br />
Spillers can also be prosecuted under each piece of legislation by the relevant agency, and there is a<br />
degree of independence in their actions. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> may choose to pursue prosecution of<br />
a Tier 2 <strong>spill</strong>er without the involvement of the regional council, and the reverse is equally true. Careful<br />
consideration must be given to the chances of a successful prosecution, as costs are potentially<br />
recoverable from the OPF rather than being borne by the organisation seeking the prosecution. The<br />
OPF must be protected from bearing the costs of prosecutions that have little chance of success.<br />
Regional councils must therefore consult with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> at the earliest stage when<br />
considering prosecution of an alleged offender, to agree the merits of the case. If <strong>Maritime</strong> <strong>New</strong><br />
6<br />
Available on request from <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
22
<strong>Zealand</strong> considers that the case is insufficient and recommends no further action to be taken, the<br />
regional council is still within its rights to pursue the <strong>spill</strong>er through the courts. However, if ultimately<br />
unsuccessful, any costs associated with the failed prosecution will not be recoverable from the OPF,<br />
and will be borne by the regional council.<br />
To assist regional councils, the National Plan contains various recommendations on the prosecution<br />
process, and more comprehensive guidelines can be found in the <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> publication -<br />
Oil Spill Preparedness and Response, Guidelines for Regional Councils: Prosecution and Cost<br />
Recovery. 66<br />
In certain circumstances the Minister of Conservation or Department of Conservation may also be able<br />
to prosecute (relevant legislation detailed in Appendix 5). Such action would be taken in consultation<br />
with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
International Response Arrangements<br />
A major <strong>spill</strong> in <strong>New</strong> <strong>Zealand</strong> waters will almost certainly require international assistance and cooperation.<br />
<strong>New</strong> <strong>Zealand</strong> may also be asked to assist other countries if they suffer a similar event.<br />
This reciprocal commitment will be reflected by whatever mutual aid agreements and memoranda of<br />
understanding are deemed appropriate, as well as by the international conventions to which <strong>New</strong><br />
<strong>Zealand</strong> is a party (see Appendix 6).<br />
Assistance should be provided to other nations in accordance with these formal arrangements, and<br />
unless previous agreements exist, may be initiated through the Ministry of Foreign Affairs and Trade.<br />
The Director will consider requests for assistance outside <strong>New</strong> <strong>Zealand</strong> on a case-by-case basis,<br />
bearing in mind the requirement to maintain <strong>New</strong> <strong>Zealand</strong>’s <strong>response</strong> capability.<br />
<strong>New</strong> <strong>Zealand</strong>’s primary alliance is with Australia, through the MoU with the Australian <strong>Maritime</strong> Safety<br />
Authority, that provides for co-operation with exercises, training, <strong>response</strong> equipment and expertise.<br />
<strong>New</strong> <strong>Zealand</strong> is also a member of the South Pacific Regional Environment Programme, with regional<br />
obligations to Pacific Island nations under the Pacific Ocean Pollution Prevention Programme<br />
(PACPOL).<br />
Agreements with agencies and organisations in other countries are in some cases quite informal. Such<br />
agreements are progressively being reviewed and renewed on a more formal basis in order to provide<br />
a greater degree of certainty and commitment.<br />
Communication<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> recognises the importance of effective strategic communications during<br />
contingency planning and <strong>response</strong>. OSCs will be expected to seek specialist advice and support<br />
from their own communications teams or from <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> staff.<br />
Media interest during an <strong>oil</strong> <strong>spill</strong> <strong>response</strong> will be intense and therefore must be managed, rather than<br />
dealt with on an ad hoc basis. Representatives of the local community are likely to be involved in an<br />
advisory and consultative role during a <strong>response</strong> so it is expected that <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will liaise<br />
closely with local government in identifying community leaders and the processes by which they will be<br />
kept fully informed.<br />
The partnership approach that underpins other areas of the <strong>response</strong> <strong>strategy</strong> also applies to media<br />
and community relations. During a Tier 3 <strong>response</strong>, the media and community relations team will be<br />
staffed by local government personnel from the affected area and possibly from outside the local<br />
area.<br />
Information Management<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has established and will continue to maintain a national marine <strong>oil</strong> <strong>spill</strong> database.<br />
All reported marine <strong>oil</strong> <strong>spill</strong> incidents (or suspected incidents) will be recorded on this database using<br />
information provided by regional councils and other reporting agencies.<br />
6<br />
Available on request from <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
23
In addition, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will maintain a <strong>response</strong> resource database as part of the National<br />
Marine Oil Spill Contingency Plan. This will include all <strong>oil</strong> <strong>spill</strong> <strong>response</strong> equipment held by <strong>Maritime</strong><br />
<strong>New</strong> <strong>Zealand</strong> and other agencies as appropriate, and all trained <strong>oil</strong> <strong>spill</strong> responders.<br />
Where appropriate, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> will use and promote information technology to improve<br />
management of contingency plans and <strong>response</strong> activities (e.g., the establishment of a ‘live’ incident<br />
<strong>response</strong> website).<br />
In recognition of the requirement for Geospatial Information (GI) for both <strong>oil</strong> <strong>spill</strong>s and search and<br />
rescue, the cross government approach for data sharing and data development will be further<br />
facilitated. This will enable a complete ‘information systems’ approach to be used throughout<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, and in particular by the <strong>spill</strong> responders throughout the country. The purpose<br />
of such a system is to aid decisions both ‘on scene’ and within the DAT.<br />
Furthermore, the situational awareness at both sites should be improved to the point where real time<br />
data flows (of dynamic data) will superimpose over static data stored at each site. This should<br />
enhance the NOSC’s downward communication to working groups and the Director’s upward<br />
communication to the Minister in a Tier 3 situation. The ultimate benefit will be the communication<br />
between NOSC and the Director.<br />
The Rescue Co-ordination Centre <strong>New</strong> <strong>Zealand</strong><br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> now has responsibility for national search and rescue operations, which are<br />
administered from the facilities of the Rescue Co-ordination Centre <strong>New</strong> <strong>Zealand</strong> (RCCNZ). Though<br />
primarily focused on search and rescue activities, RCCNZ also undertakes some marine <strong>oil</strong> <strong>spill</strong><br />
<strong>response</strong> functions. This includes being the first point of contact for <strong>oil</strong> <strong>spill</strong>s (both actual and<br />
probable), the promulgation of this information to the appropriate authorities and the subsequent<br />
facilitation of communication with the vessels involved.<br />
<strong>Maritime</strong> Security<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>’s <strong>Maritime</strong> Security Team is responsible for the regulation of <strong>New</strong> <strong>Zealand</strong>'s<br />
International Ship and Port Facility Security (ISPS) Code compliant ports and ships. The organisation<br />
has no immediate <strong>response</strong> capability function for security, so it aims to ensure that the operating<br />
environment for international maritime trade in <strong>New</strong> <strong>Zealand</strong> is secure against terrorist threats, and is<br />
achieved through a whole of government approach to securing <strong>New</strong> <strong>Zealand</strong>'s borders from such<br />
activity.<br />
Response issues concerning access to secure port areas should be addressed at the contingency<br />
planning stage and detailed in Tier 2 plans.<br />
24
APPENDICES<br />
Appendix 1 – Key Functions and Responsibilities of Industry<br />
Sectors include: <strong>oil</strong> exploration & production, shipping, use & storage of <strong>oil</strong>.<br />
Functions<br />
• To prevent operational <strong>oil</strong> <strong>spill</strong>s during normal activities;<br />
• To develop and maintain <strong>oil</strong> <strong>spill</strong> contingency plans appropriate to their industry, location and<br />
risk profile, in accordance with the relevant Marine Protection Rule;<br />
• To be able to provide, at least, a minimum level of preparedness and <strong>response</strong>.<br />
Responsibilities<br />
• Develop, promote and practice an effective <strong>oil</strong> <strong>spill</strong> prevention philosophy among all those<br />
involved in handling <strong>oil</strong>s;<br />
• Develop and maintain approved, site-specific <strong>oil</strong> <strong>spill</strong> contingency plans based on sound risk<br />
assessment, in accordance with the relevant Marine Protection Rules, including:<br />
o identifying locally sensitive environments;<br />
o identifying activities that present a risk of an <strong>oil</strong> <strong>spill</strong>;<br />
o nominating suitably qualified persons to act as the industry OSC;<br />
o liaising with the relevant authority in the development of the plan;<br />
o undertaking necessary audits;<br />
o developing and implementing appropriate Standard Operating Procedures;<br />
• Develop and maintain an operational <strong>response</strong> capacity to <strong>oil</strong> <strong>spill</strong>s, as specified in the site<br />
marine <strong>oil</strong> <strong>spill</strong> contingency plan;<br />
• Ensure the safety of all personnel involved, as well as members of the public;<br />
• Be a party to the regional <strong>response</strong> effort as agreed to in any regional marine <strong>oil</strong> <strong>spill</strong><br />
contingency plan;<br />
• Assist any regional or national OSC with the salvage, storage, disposal and recycling of<br />
recovered <strong>oil</strong>;<br />
• Assist any OSC as required with skills, resources and expertise.<br />
25
Appendix 2 - Key Functions and Responsibilities of Regional<br />
Councils<br />
Functions<br />
• To implement the provisions of the regional Marine Oil Spill Contingency Plan within the internal<br />
waters and territorial sea of their region;<br />
• To prepare annual marine <strong>oil</strong> <strong>spill</strong> management business plans, covering plan administration,<br />
training, exercising, and equipment storage and maintenance, and submit these to <strong>Maritime</strong> <strong>New</strong><br />
<strong>Zealand</strong>;<br />
• To approve, audit and monitor Tier 1 site marine <strong>oil</strong> <strong>spill</strong> contingency plans for shore-side <strong>oil</strong><br />
transfer sites within their region, including the internal waters and territorial sea;<br />
• To prepare regional Tier 2 contingency plans;<br />
• To maintain Tier 2 planning and <strong>response</strong> capabilities.<br />
Responsibilities<br />
• Develop and maintain a regional Marine Oil Spill Contingency Plan in accordance with the Marine<br />
Protection Rule and guidelines issued by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>;<br />
• Complete regional shoreline clean-up and assessment (SCAT) pre-<strong>spill</strong> segmentation of their<br />
coastline;<br />
• Identify and liaise with:<br />
o national agencies;<br />
o regional agencies, including adjacent regional councils;<br />
o district councils;<br />
o industry groups;<br />
o public and environmental groups;<br />
• Formally consult with both the Department of Conservation and regional Tangata Whenua in the<br />
development and review of their plan;<br />
• Identify sensitive environments and establish priorities for protection;<br />
• Develop and maintain a capacity to rescue and rehabilitate <strong>oil</strong>ed wildlife in accordance with<br />
guidelines issued by the <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>;<br />
• Nominate and appoint suitably qualified persons to serve as ROSCs;<br />
• Establish a regional <strong>response</strong> team (e.g., from port companies, industry, councils);<br />
• In addition to responding to a Tier 2 marine <strong>oil</strong> <strong>spill</strong>, to bridge the gap when transitioning from<br />
Tier 2 to Tier 3;<br />
• Provide suitably trained, qualified and experienced <strong>response</strong> personnel for Tier 3 incidents as<br />
required;<br />
• Provide and co-ordinate a regular training programme for personnel with responsibilities for<br />
planning or <strong>response</strong>, in line with the national guidelines;<br />
• Test the plan by conducting regular exercises, in combination with other regions where<br />
appropriate;<br />
• Ensure the safety of all personnel involved in or associated with the <strong>oil</strong> <strong>spill</strong> <strong>response</strong> and cleanup<br />
by complying with the HSE Act;<br />
• Identify facilities for the storage, treatment or disposal of waste from an <strong>oil</strong> <strong>spill</strong>;<br />
• Monitor and enforce legislative provisions;<br />
• Store and maintain the marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> equipment provided by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> in<br />
accordance with the terms and conditions of the regional marine <strong>oil</strong> <strong>spill</strong> equipment loan<br />
agreement.<br />
26
Appendix 3 - Key Functions and Responsibilities of <strong>Maritime</strong><br />
<strong>New</strong> <strong>Zealand</strong><br />
Function<br />
To ensure <strong>New</strong> <strong>Zealand</strong>’s preparedness for, and ability to respond to, marine <strong>oil</strong> polluting <strong>spill</strong>s (from<br />
section 431(1)(f) of the <strong>Maritime</strong> Transport Act).<br />
Responsibilities<br />
The Director shall:<br />
• Respond to a marine <strong>oil</strong> <strong>spill</strong> of any size, and monitor the progress of <strong>response</strong> activities during<br />
an incident;<br />
• Provide education on preventative measures;<br />
• Collect and administer funds for marine <strong>oil</strong> pollution measures;<br />
• Ensure adherence to responsibilities under international agreements to which <strong>New</strong> <strong>Zealand</strong> is a<br />
contracting party;<br />
• Implement standards and guidelines for:<br />
o site, vessel, offshore installation, and regional marine <strong>oil</strong> <strong>spill</strong> contingency plans;<br />
o <strong>oil</strong> <strong>spill</strong> <strong>response</strong> equipment acquisition, deployment, maintenance and operation;<br />
o appointment of suitably qualified persons to act as national and regional OSCs;<br />
o training of regional and national <strong>oil</strong> <strong>spill</strong> <strong>response</strong> personnel;<br />
o site, vessel, installation, regional and national <strong>oil</strong> <strong>spill</strong> <strong>response</strong> exercises;<br />
o <strong>oil</strong>ed wildlife rescue, <strong>response</strong> and rehabilitation;<br />
• Maintain the National Marine Oil Spill Contingency Plan;<br />
• Maintain the ability to respond to all types and sizes of marine <strong>oil</strong> <strong>spill</strong>s;<br />
• Co-ordinate with governments and agencies overseas in respect of international support to the<br />
National Marine Oil Spill Contingency Plan;<br />
• Maintain a team of appropriately trained <strong>oil</strong> <strong>spill</strong> <strong>response</strong> personnel;<br />
• Appoint suitably qualified and experienced persons to the position of NOSC;<br />
• Approve the appointment of suitably qualified and experienced persons to the position of<br />
regional OSC;<br />
• Maintain a capacity to rescue and rehabilitate <strong>oil</strong>ed wildlife;<br />
• Maintain a national inventory of marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> equipment throughout <strong>New</strong> <strong>Zealand</strong> to<br />
be available for <strong>response</strong> to regional, national and international level marine <strong>oil</strong> <strong>spill</strong>s;<br />
• Be able to provide support to a ROSC if required;<br />
• Maintain a national database of contacts and trained personnel;<br />
• Maintain a national database of marine <strong>oil</strong> <strong>spill</strong> incidents, collecting data in an appropriate format<br />
from regional councils and other monitoring agencies;<br />
• Develop a database on overseas incidents and how they are handled;<br />
• Maintain the <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy;<br />
• Maintain an overview of the <strong>oil</strong> <strong>spill</strong> contingency plans, giving advice on matters relating to coordination<br />
and economy;<br />
• Liaise with regional councils and local industry groups to solicit their views and inform them of<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> activities;<br />
• Approve, audit and monitor regional Marine Oil Spill Contingency Plans<br />
• Approve, audit and monitor Marine Oil Spill Contingency Plans for offshore installations located<br />
beyond the 12-mile limit;<br />
• Approve, audit and monitor shipboard <strong>oil</strong> <strong>spill</strong> emergency plans required under the MARPOL<br />
convention;<br />
• Co-ordinate and conduct training on <strong>oil</strong> pollution prevention, control and <strong>response</strong> technology;<br />
• Chair and service OPAC;<br />
• Liaise with government departments to ensure their full participation in the aspects of <strong>response</strong><br />
activities for which they have been designated;<br />
• Liaise between regional councils;<br />
• Research new technologies and ideas, and commission relevant research and experimentation;<br />
• Disseminate information relating to <strong>oil</strong> pollution prevention, control and <strong>response</strong> to interested<br />
parties;<br />
• Monitor and enforce legislative provisions;<br />
• Develop and implement standards for <strong>oil</strong> dispersant approval in consultation with industry and<br />
other agencies.<br />
27
Appendix 4 - Key Functions and Responsibilities of the Oil<br />
Pollution Advisory Committee (OPAC)<br />
Functions<br />
• To provide advice to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> on all matters associated with the <strong>New</strong> <strong>Zealand</strong><br />
Marine Oil Spill Response Strategy;<br />
• To provide advice on the levying and use of the Oil Pollution Fund.<br />
The Committee may comprise:<br />
• The Director; and<br />
• Any other people appointed by the Minister of Transport who represent or have experience<br />
relating to:<br />
o the shipping industry;<br />
o the <strong>oil</strong> and gas exploration and production industry;<br />
o the <strong>oil</strong> refining and distribution industry;<br />
o operators of port facilities;<br />
o regional councils;<br />
o <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>;<br />
o Ministry of Transport;<br />
o Ministry for the Environment;<br />
o Department of Conservation;<br />
o Te Puni Kokiri;<br />
o the fishing industry.<br />
Responsibilities<br />
• Provide advice to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> on the following (as defined in section 282 of the Act):<br />
o the <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy;<br />
o the fixing and levying of Oil Pollution Levies;<br />
o the use of the <strong>New</strong> <strong>Zealand</strong> Oil Pollution Fund;<br />
o any other matters related to marine <strong>oil</strong> <strong>spill</strong>s that the Minister of Transport or the Director<br />
specifies.<br />
Consultation Process<br />
OPAC meets formally twice per year (the frequency could change since this is not a statutory<br />
requirement), and will be kept informed of relevant issues pertaining to the <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong><br />
budget in the intervening months. Sub-committees of OPAC will also be formed as required, to<br />
advise on specific issues between meetings.<br />
Nature of OPAC Advice<br />
The Committee must be consulted on the range of issues detailed above, and their advice must be<br />
given serious consideration, but any recommendations offered are non-binding. The process should<br />
not be equated with negotiation, as there is no requirement that agreement or consensus must be<br />
reached.<br />
28
Appendix 5 - Agencies with Statutory Roles and/or<br />
Responsibilities<br />
Notwithstanding the statutory functions of agencies listed below, the Minister for Transport remains<br />
the lead Minister for marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> activities, and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> the lead agency.<br />
Biosecurity <strong>New</strong> <strong>Zealand</strong><br />
• To make arrangements with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to allow the efficient transfer of <strong>oil</strong> <strong>response</strong><br />
equipment, personnel and craft into <strong>New</strong> <strong>Zealand</strong>;<br />
• Provide advice to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> on protocols for the management of <strong>oil</strong> <strong>spill</strong><br />
equipment;<br />
• Provide advice to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> on the marine biosecurity threats associated with<br />
affected vessels; and<br />
• Provide advice to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> as required, on the biosecurity requirements of partner<br />
nations when transferring <strong>oil</strong> <strong>spill</strong> equipment, personnel and craft from <strong>New</strong> <strong>Zealand</strong>.<br />
Department of Conservation<br />
• To ensure that in the event of a marine <strong>oil</strong> <strong>spill</strong> emergency that the necessary consents and<br />
approvals needed for an effective <strong>response</strong> involving the conservation estate, flora and fauna,<br />
and particularly rare and endangered species are provided according to policy and, where these<br />
are not already in place, to do so without delay;<br />
• To be consulted about the approval or review of regional Marine Oil Spill Contingency Plans;<br />
• Act as a contractor to industry, regional councils and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> with support for <strong>oil</strong><br />
<strong>spill</strong> planning and <strong>response</strong> logistics, communications and personnel.<br />
• Under the Wildlife Act 1953, to authorise:<br />
o capture, handling, possession and transfer of protected wildlife;<br />
o holding of protected wildlife in captivity for the purpose of treatment and rehabilitation, and<br />
to license approved people and institutions to do so;<br />
o euthanasia of injured protected wildlife where necessary to avoid further suffering; and<br />
o liberation of protected wildlife after rehabilitation.<br />
• Under the Conservation Act 1987, National Parks Act 1980, the Marine Reserves Act 1971,<br />
and the Wildlife Act 1953, to authorise:<br />
o as owner or occupier of land where entry is restricted, access by OSCs or their staff or<br />
agents, where needed for the effective control or mitigation of marine <strong>oil</strong> <strong>spill</strong>s;<br />
o the capture and euthanasia, where necessary of and fauna found within these classes of<br />
land;<br />
o the removal or disturbance of vegetation, gravel, sand and the like in the course of clean-up<br />
operations, or for a more effective <strong>response</strong> to a marine <strong>oil</strong> <strong>spill</strong> emergency.<br />
• Under the Marine Mammals Protection Act 1978, to authorise:<br />
o<br />
the capture and marking of injured marine mammals, and their euthanasia, where necessary,<br />
to avoid further suffering due to the effects of a marine <strong>oil</strong> <strong>spill</strong>.<br />
Department of Labour<br />
• To second the Chief Petroleum Inspector to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, in order to assess the<br />
safety requirements for offshore installations and structures where this falls within <strong>Maritime</strong> <strong>New</strong><br />
<strong>Zealand</strong>'s jurisdiction under the HSE Act.<br />
Department of the Prime Minister and Cabinet<br />
• To provide a co-ordination role between departments and to ensure the highest operational<br />
effectiveness of government, for significant <strong>oil</strong> <strong>spill</strong>s;<br />
• Provide access to the Domestic and External Security Co-ordination System, if needed for a<br />
whole of government approach;<br />
• Maintain a watching brief on inter-departmental activity during the <strong>response</strong> to an <strong>oil</strong> <strong>spill</strong>.<br />
Ministry for Economic Development – Crown Minerals<br />
• To advise new petroleum explorers and developers of the requirement for <strong>oil</strong> <strong>spill</strong> contingency<br />
planning and discharge management, and refer them to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
29
Ministry for the Environment<br />
• To advise <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> and regional councils on international and national<br />
environmental policies and standards that are relevant to <strong>oil</strong> <strong>spill</strong> preparedness and <strong>response</strong>,<br />
including the management of waste residues;<br />
• Assist <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to identify and meet an efficient and pragmatic level of <strong>oil</strong> <strong>spill</strong><br />
preparedness and <strong>response</strong> that is balanced reasonably against public and government<br />
expectations;<br />
• Assist <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, as appropriate, by promoting a whole of government approach to<br />
marine <strong>oil</strong> <strong>spill</strong> prevention, preparedness and <strong>response</strong>.<br />
Ministry of Civil Defence and Emergency Management<br />
• To liaise with, and support the activities of, <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>;<br />
• Provide overarching emergency management policy advice to Government;<br />
• Manage large scale emergencies that are beyond the capacity of other agencies (i.e. in the event<br />
of a declaration under the Civil Defence Act 1983);<br />
• Manage disaster recovery activities (under part 2 of the National Civil Defence Plan – Recovery<br />
Plan: Natural Disasters and Emergencies Within <strong>New</strong> <strong>Zealand</strong>).<br />
Ministry of Fisheries<br />
• To maintain a watching brief on the effects of <strong>oil</strong> <strong>spill</strong>s on marine life;<br />
• Advise <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> on the potential effects of Tier 3 <strong>response</strong> operations on coastal<br />
and inshore fisheries;<br />
• Advise regional councils on the potential effects of Tier 2 <strong>response</strong> operations on coastal and<br />
inshore fisheries.<br />
Ministry of Foreign Affairs and Trade<br />
• To ensure <strong>New</strong> <strong>Zealand</strong> is a party to international agreements which enhance our ability to<br />
respond effectively to marine <strong>oil</strong> <strong>spill</strong>s;<br />
• Advise <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> of requirements for <strong>New</strong> <strong>Zealand</strong> to meet its international<br />
responsibilities and international arrangements in the event of a marine <strong>oil</strong> <strong>spill</strong>.<br />
Ministry of Health<br />
• To promote and protect public health in the event of a marine <strong>oil</strong> <strong>spill</strong>;<br />
• To act as an enforcement agency under the Hazardous Substances and <strong>New</strong> Organisms Act<br />
1996 for any risks to public health;<br />
• Provide public health advice and assistance through the Ministry’s designated officers in public<br />
health services of the district health boards under the Health Act 1956.<br />
Ministry of Transport<br />
• To be the Government’s principal adviser on transport policy. It is responsible for monitoring<br />
the transport sector; developing policy advice for the Government; developing and<br />
administering legislation, rules and regulations; and a number of administrative systems.<br />
• To manage the output agreement between the Government and <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> which<br />
requires that <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> have and maintain a marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> capability as<br />
specified in the <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy and National Marine Oil Spill<br />
Contingency Plan;<br />
• Advise the Minister of Transport on all issues related to the preparedness for and <strong>response</strong> to<br />
marine <strong>oil</strong> <strong>spill</strong>s in <strong>New</strong> <strong>Zealand</strong>;<br />
• Provide assistance to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> during a Tier 3 marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> by<br />
facilitating a flow of information to and from relevant Ministers;<br />
• Provide liaison with the Oil Pollution Advisory Committee.<br />
<strong>New</strong> <strong>Zealand</strong> Customs Department<br />
• To make arrangements with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to allow the transfer of equipment and<br />
personnel in and out of <strong>New</strong> <strong>Zealand</strong>;<br />
• Ensure procedures are in place to enable <strong>New</strong> <strong>Zealand</strong> to meet its international agreements;<br />
• Collect Oil Pollution Levies from foreign tankers and other ships.<br />
<strong>New</strong> <strong>Zealand</strong> Defence Force<br />
• To provide surveillance, observation and monitoring of shipping and maritime activities and<br />
verification and reporting of maritime pollution incidents;<br />
30
• Assist with logistics associated with treatment, clean-up and disposal activities beyond the<br />
capacity of commercial enterprises.<br />
<strong>New</strong> <strong>Zealand</strong> Fire Service<br />
Subject to the consent in each case of the Fire Region Commander:<br />
• To provide appropriate support for <strong>oil</strong> <strong>spill</strong> <strong>response</strong> operations;<br />
• Provide logistic support to <strong>oil</strong> <strong>spill</strong> operations as contracted by responsible authorities under<br />
their contingency plans.<br />
<strong>New</strong> <strong>Zealand</strong> Immigration Services<br />
• To make arrangements with <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> to allow the entry of personnel to <strong>New</strong><br />
<strong>Zealand</strong> to work on the <strong>spill</strong> <strong>response</strong>;<br />
• Ensure procedures are in place to enable <strong>New</strong> <strong>Zealand</strong> to meet its international agreements.<br />
<strong>New</strong> <strong>Zealand</strong> Police<br />
• Provide for crowd control, evacuation and support of regulatory activities in the event of an <strong>oil</strong><br />
<strong>spill</strong>;<br />
• Provide information to the OSC during <strong>oil</strong> <strong>spill</strong> <strong>response</strong> operations;<br />
• Ensure proper consultation is carried out with the appropriate authority where there is the<br />
possibility of any criminal liability resulting from an <strong>oil</strong> <strong>spill</strong>, particularly where death or injury to<br />
any person(s) is involved, and to determine with this authority the responsibilities for subsequent<br />
investigations and decisions to prosecute;<br />
• A member of the Police may act as a temporary on-scene commander for a marine <strong>oil</strong> <strong>spill</strong><br />
<strong>response</strong> as required (in the event that a regional or national on-scene commander is not<br />
immediately available).<br />
Te Puni Kokiri<br />
• At the national level to identify Maori concerns in marine <strong>oil</strong> <strong>spill</strong> preparedness and <strong>response</strong><br />
measures;<br />
• Bring to the attention of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> Maori concerns in marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong><br />
measures;<br />
• Provide regional councils with local Tangata Whenua contacts to assist with issues associated<br />
with cultural resources for planning and <strong>response</strong> at Tiers 1 and 2, and to assist <strong>Maritime</strong> <strong>New</strong><br />
<strong>Zealand</strong> for Tier 3.<br />
31
Appendix 6 – International Agreements<br />
Status<br />
In relation to marine <strong>oil</strong> pollution, the <strong>Maritime</strong> Transport Act covers prevention and control of <strong>oil</strong><br />
pollution, pollution from shipping casualties, civil liability for pollution damage, and compensation and<br />
funding. The <strong>Maritime</strong> Transport Act contains provisions that presently give effect to the following<br />
international conventions:<br />
• International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution<br />
Casualties 1969 (Intervention);<br />
• The 1992 Protocol to the International Convention on Civil Liability for Oil Pollution Damage<br />
1969 (CLC);<br />
• Convention for the Protection of the Natural Resources and Environment of the South Pacific<br />
Region and related protocols (South Pacific Regional Environment Programme - SPREP 1986);<br />
• International Convention on Prevention of Pollution from Ships 1973 and its 1978 Protocol<br />
(MARPOL);<br />
• The 1992 Protocol to the International Convention on Establishment of an International Fund for<br />
Compensation for Oil Pollution Damage 1971 (Fund)<br />
• International Convention on Oil Spill Preparedness, Response and Co-operation 1990 (OPRC<br />
90).<br />
Other International Arrangements<br />
Reciprocal arrangements are in place with governments of other nations, for access to equipment and<br />
personnel in the event of a major <strong>oil</strong> <strong>spill</strong>.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has a memorandum of understanding for mutual assistance with the Australian<br />
<strong>Maritime</strong> Safety Authority. Through this, <strong>Maritime</strong> NZ gains access to the equipment, personnel and<br />
expertise of both government and private sector (<strong>oil</strong> industry) <strong>response</strong> capability throughout Australia.<br />
There are also obligations to nations or regions with administrative ties to <strong>New</strong> <strong>Zealand</strong>, including<br />
Tokelau and Niue, and an arrangement is currently being negotiated with government agencies in <strong>New</strong><br />
Caledonia.<br />
Antarctica<br />
<strong>New</strong> <strong>Zealand</strong> is party to the Environmental Protocol to the Antarctic Treaty, which sets out the nation’s<br />
obligations for <strong>oil</strong> <strong>spill</strong> contingency planning in section 12 and establishes levels of liability in the<br />
recently adopted Liability Annex. The Protocol has been enacted in <strong>New</strong> <strong>Zealand</strong> law by means of the<br />
Antarctica (Environmental Protection) Act 1994, which allows for the Governor-General to extend<br />
provisions of the <strong>Maritime</strong> Transport Act into the Antarctic region under section 54.<br />
Generally, the nation’s Antarctic responsibilities are administered by both the Ministry of Foreign Affairs<br />
and Trade and Antarctica <strong>New</strong> <strong>Zealand</strong>. <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> has been and will continue to be active<br />
in assisting Antarctica <strong>New</strong> <strong>Zealand</strong> with appropriate technical advice in developing a regional<br />
contingency plan.<br />
Voluntary Industry Agreements<br />
• Equipment arrangements with the Australian Marine Oil Spill Centre (AMOSC) and East Asia<br />
Response Ltd (EARL);<br />
• Equipment arrangements with Oil Spill Response Ltd (OSRL) in the United Kingdom.<br />
32
Appendix 7 – Jurisdictions and Responsibilities<br />
Under the Local Government Act 1974 or navigation bylaws, a Harbourmaster may issue instruction in<br />
the interests of navigation safety within their jurisdiction. This power may be relevant in the event of a<br />
marine <strong>oil</strong> <strong>spill</strong>. Amongst other things, the Harbourmaster can regulate the movement of any ship and<br />
how it takes on or discharges cargo. The Harbourmaster can also require the owner to remove a ship<br />
or a wreck where it is a hazard to navigation. It is not explicitly clear from the provisions of the Act<br />
whether instructions given by an OSC prevail over a Harbourmaster’s directions. However, it can be<br />
inferred from the wide scope of powers given to an OSC, that an OSC’s powers take precedence of<br />
those of a Harbourmaster.<br />
The OSC may not issue instructions that conflict with those given by the Director, who has extensive<br />
powers in a marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> in relation to hazardous ships, structures and operations. These<br />
powers, which are set out in sections 248 and 249 of the Act, allow the Director to take a wide range<br />
of measures if they are considered necessary to avoid, reduce, or remedy pollution, or a significant<br />
risk of pollution. The Director’s instructions will prevail over any conflicting instructions given by a<br />
Harbourmaster.<br />
The Civil Defence Emergency Management Act 2002 (CDEM Act) authorises the Mayor of a relevant<br />
local authority to declare a state of local emergency, and requires the Civil Defence Emergency<br />
Management Group (CDEM Group) to appoint at least one other person to be authorised to make<br />
such a declaration. The Minister of Civil Defence may also declare that a state of national emergency<br />
exists over the whole of <strong>New</strong> <strong>Zealand</strong> or any areas or districts if an emergency appears to be outside<br />
the <strong>response</strong> capabilities of the CDEM Group. It appears from the broad definition of ‘emergency’ in<br />
the CDEM Act that a state of emergency could be declared in the event of a major actual or potential<br />
<strong>oil</strong> <strong>spill</strong>. When a state of emergency is in force in the area the CDEM Group may, among other things,<br />
“carry out or require the removing or disposing of, or securing or otherwise making safe, dangerous<br />
structures and materials wherever they may be”, or “prohibit or regulate water traffic to the extent<br />
necessary to conduct civil defence management”. Sections 254 and 312 of the Act prohibit an OSC<br />
and the Director from issuing instructions that conflict with the exercise of a power by a person acting<br />
under the authority of the CDEM Act.<br />
Notwithstanding the above, section 5A(d) of the Act clearly identifies that the Minister of Transport has<br />
responsibility for marine <strong>oil</strong> <strong>spill</strong> preparedness and <strong>response</strong>.<br />
Any problems arising from potentially overlapping authorities would be mitigated through the Coordinated<br />
Incident Management System (CIMS) detailed in section 5.7. This provides for different<br />
agencies to carry out their statutory functions simultaneously under a common command structure<br />
during a <strong>response</strong>.<br />
In the event of a marine <strong>oil</strong> <strong>spill</strong> in waters around an island beyond the jurisdiction of a regional<br />
authority (such as the sub-Antartic or Kermadec groups) any <strong>response</strong> is automatically treated as a Tier<br />
3. On these islands, the Minister for Conservation assumes some functions of a regional council under<br />
the RMA and is responsible for coastal planning. However, <strong>oil</strong> <strong>spill</strong> contingency planning and<br />
<strong>response</strong> falls directly to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>. The Minister for Conservation may become involved<br />
in consultation if a <strong>spill</strong> threatens a significant area, but overall authority remains with the NOSC under<br />
the Act. The Minister for Conservation does retain authority over certain elements of wildlife <strong>response</strong>,<br />
and these statutory functions are detailed in Appendix 5. An effective partnership between <strong>Maritime</strong><br />
<strong>New</strong> <strong>Zealand</strong> and the Department of Conservation is therefore crucial to the successful application of<br />
the Strategy to offshore islands.<br />
Salvage<br />
The salvor must comply with the hierarchy of directions possible under <strong>New</strong> <strong>Zealand</strong> legislation as<br />
outlined throughout the Strategy. In addition to this, the salvor also has duties and responsibilities to<br />
the owner under international law, as set out in the Salvage Convention 1989, to carry out the salvage<br />
operation with due care and to minimise damage to the environment. The Salvage Convention is<br />
incorporated into <strong>New</strong> <strong>Zealand</strong> law in schedule 6 of the Act.<br />
Article 11 requires a State Party, whenever regulating or deciding upon matters relating to salvage<br />
operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors,<br />
to take into account the need for co-operation between salvors, other interested parties and public<br />
authorities. This obligation is in order to ensure the efficient and successful performance of salvage<br />
33
operations for the purpose of saving life or property in danger, as well as preventing damage to the<br />
environment in general.<br />
34
Appendix 8 – Relationship with the <strong>New</strong> <strong>Zealand</strong> Transport<br />
Strategy<br />
The <strong>New</strong> <strong>Zealand</strong> Transport Strategy (NZTS) sets out the government’s vision for transport as: By<br />
2010 <strong>New</strong> <strong>Zealand</strong> will have an affordable, integrated, safe, responsive and sustainable transport<br />
system.<br />
The 5 objectives of the NZTS provide the structure for implementation of the NZTS:<br />
• Assisting economic development<br />
• Assisting safety and personal security<br />
• Improving access and mobility<br />
• Protecting and promoting public health<br />
• Ensuring environmental sustainability.<br />
The <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Strategy contributes most clearly to the objective of ensuring<br />
environmental sustainability. Should an incident occur, the Strategy provides the means by which to<br />
mitigate, reduce or avoid harmful effects on the marine environment resulting from <strong>oil</strong> <strong>spill</strong>s, thereby<br />
contributing to the sustainability of the transport activity and the marine environment. The Strategy<br />
also contributes to the other NZTS objectives. Responses will be carried out in such a manner as to<br />
not unnecessarily constrain the continuation of economic activity and of access and mobility for both<br />
community and business throughout the incident. Safety, security and public health are assured both<br />
throughout the <strong>response</strong> and as a result of the <strong>response</strong> reducing the risk that pollutants pose to the<br />
health of the community.<br />
Underpinning the NZTS are four principles that guide the making of transport policy at a high level:<br />
• Sustainability – policy that enhances economic, social and environmental well-being, that<br />
promotes resilience and flexibility and that takes account of the needs of future generations<br />
whilst being guided by medium and long-term costs and benefits.<br />
• Integration - policy that encourages co-operation and collaboration between stakeholders<br />
across all transport modes.<br />
• Safety - policy that ensures high standards of health, safety and personal security.<br />
• Responsiveness - policy which fosters the government’s goals for partnerships at all levels.<br />
In summary these principles are about inclusiveness, consultation and awareness of the impacts of the<br />
Strategy on communities, individuals and interest groups. The Strategy has taken account of these<br />
principles throughout its development, as is demonstrated by the level and nature of the consultation<br />
carried out during the review process.<br />
35
ACRONYMS<br />
AMOSC<br />
Australian Marine Oil Spill Centre<br />
CIMS<br />
Coordinated Incident Management System<br />
CLC<br />
1992 International Convention on Civil Liability & Compensation<br />
DAT<br />
Director’s Advisory Team<br />
EARL<br />
East Asia Response Ltd<br />
EEZ<br />
Exclusive Economic Zone<br />
GIS<br />
Geospatial Information<br />
HSE<br />
1992 Health & Safety in Employment Act<br />
ICC<br />
Incident Command Centre<br />
ICS<br />
Incident Command System<br />
ISPS<br />
International Ship & Port Facility Security Code<br />
MARPOL 73/78 International Convention on Prevention of Pollution from Ships 1973, and its<br />
1978 Protocol<br />
MOSRRG<br />
Marine Oil Spill Response Review Group<br />
MOU<br />
Memorandum of Understanding<br />
MPR<br />
Marine Protection Rules<br />
NEBA<br />
Net Environmental Benefit Assessment<br />
NOSC<br />
National On-scene Commander<br />
OCGI<br />
Officials Committee for Geospatial Information<br />
OPAC<br />
Oil Pollution Advisory Committee<br />
OPF<br />
Oil Pollution Fund<br />
OPRC<br />
1990 International Convention on Oil Preparedness, Response and Cooperation<br />
OSC<br />
On-scene Commander<br />
OSDO<br />
Oil Spill Duty Officer<br />
OSIMS<br />
Oil Spill Information Management System<br />
OSRL<br />
Oil Spill Response Ltd<br />
PACPOL<br />
Pacific Ocean Pollution Prevention Program<br />
PIEAC<br />
Petroleum Industry Emergency Action Committee<br />
RCCNZ<br />
Rescue Coordination Centre of <strong>New</strong> <strong>Zealand</strong><br />
ROSC<br />
Regional On-scene Commander<br />
RMA<br />
1991 Resource Management Act<br />
SCAT<br />
Shoreline Clean-up Assessment Team<br />
SOPEP<br />
Shipboard Oil Pollution Emergency Plan<br />
SPREP South Pacific Regional Environment Program 1996<br />
36
GLOSSARY OF TERMS<br />
(the) Act<br />
The <strong>Maritime</strong> Transport Act 1994.<br />
Baseline of the territorial sea<br />
Is the low water mark along the coast of <strong>New</strong> <strong>Zealand</strong>, including the coast of all islands, except where,<br />
in the case of the sea adjacent to a bay, the baseline will be a straight line or series of straight lines<br />
across the bay, where the entrance to that bay exceeds 24 nautical miles (refer to sections 5 and 6 of<br />
the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977).<br />
Bioremediation<br />
The process of using living organisms to break down the molecular structure of <strong>oil</strong> into less complex<br />
substances that are not hazardous or regulated. This is often undertaken by introducing large<br />
numbers of hydrocarbon-eating microbes to a contaminated site. Nutrients are often added to speed<br />
up the organisms’ digestion of the <strong>oil</strong>, and reproduction.<br />
Chemical dispersant<br />
A chemical formulation containing non-ionic surface active agents that lower the surface tension<br />
between <strong>oil</strong> and water, and enable <strong>oil</strong> film to break up more easily and disperse within the water with<br />
natural or mechanical agitation.<br />
Clean-up<br />
See Oil Spill Response.<br />
Continental shelf<br />
The sea bed and subs<strong>oil</strong> of those submarine areas that extend beyond the territorial limits of <strong>New</strong><br />
<strong>Zealand</strong>, throughout the natural prolongation of the landed territory of <strong>New</strong> <strong>Zealand</strong>, to the outer edge<br />
of the continental margin, or to a distance of 200 nautical miles from the baseline from which the<br />
breadth of the territorial sea is measured (as described in sections 5, 6 and 6A of the Territorial Sea,<br />
Contiguous Zone and Exclusive Economic Zone Act 1977) where the outer edge of the continental<br />
margin does not extend to that distance.<br />
Continental waters<br />
See <strong>New</strong> <strong>Zealand</strong> continental waters.<br />
Contingency Plan<br />
A plan for action prepared in anticipation of an incident. In this case the contingency is for an <strong>oil</strong> <strong>spill</strong><br />
incident. The contingency plan prepared for a site or region usually consists of guidelines and<br />
operating instructions intended to increase the efficiency and effectiveness of clean-up operations and<br />
to protect areas of biological, social and economic importance.<br />
(the) Director<br />
The Director of <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
Discharge Management Plan<br />
Developed by owners/operators of offshore installations as a requirement of Marine Protection Rules.<br />
It is a form of environmental management plan that applies specifically to the control and management<br />
of discharges of harmful substances (including <strong>oil</strong>) from offshore installations to the marine<br />
environment. This includes emergency <strong>response</strong> procedures, which are the equivalent of a site Marine<br />
Oil Spill Contingency Plan for the purposes of Part 23 of the Act.<br />
Domestic and External Security Secretariat (DESS)<br />
A formal responsibility of the <strong>New</strong> <strong>Zealand</strong> Department of Prime Minister and Cabinet.<br />
Duty Manager<br />
A rostered staff position within <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> offering 24hr contact for maritime incidents and<br />
emergencies. Note: the Rescue Coordination Centre <strong>New</strong> <strong>Zealand</strong> also has a separate Duty Manager,<br />
to whom initial <strong>oil</strong> <strong>spill</strong> reports to <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> should be made.<br />
37
Exclusive Economic Zone (EEZ)<br />
All marine waters from the outer edge of the Territorial Sea (12 nautical miles) seaward for 188 nautical<br />
miles until the 200 nautical mile limit (refer to section 9 of the Territorial Sea, Contiguous Zone and<br />
Exclusive Economic Zone Act 1977).<br />
Incident Controller<br />
A generic term referring to the person responsible for implementing the site, installation or shipboard<br />
marine <strong>oil</strong> <strong>spill</strong> contingency plan at a Tier 1 level. (See also On-scene Commander).<br />
Internal waters of <strong>New</strong> <strong>Zealand</strong><br />
Includes any areas of the sea that are on the landward side of the baseline of the territorial sea of <strong>New</strong><br />
<strong>Zealand</strong> (refer to section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977).<br />
Hazardous ship<br />
A ship that is in the internal waters of <strong>New</strong> <strong>Zealand</strong> or <strong>New</strong> <strong>Zealand</strong> continental waters and, as a result<br />
of a shipping casualty or acts related to such a casualty, is discharging, or is likely to discharge, a<br />
harmful substance into the internal waters of <strong>New</strong> <strong>Zealand</strong> or <strong>New</strong> <strong>Zealand</strong> continental waters or the<br />
seabed below them.<br />
Major <strong>spill</strong><br />
A large-scale <strong>oil</strong> <strong>spill</strong> for which the timing and location will be impossible to predict and which will have<br />
severe environmental consequences. The overall <strong>response</strong> to such a <strong>spill</strong> is likely to be beyond <strong>New</strong><br />
<strong>Zealand</strong>'s domestic capability and international assistance may be needed.<br />
Marine interests<br />
The interests that are related to, or affected by, the marine environment, including maritime, coastal,<br />
port, or estuarine activities (including fisheries activities constituting an essential means of livelihood of<br />
the persons concerned), tourist attractions, public health and welfare, and the conservation of living<br />
marine resources and wildlife.<br />
Marine <strong>oil</strong> <strong>spill</strong><br />
The actual or probable release, discharge, or escape of <strong>oil</strong> into the internal waters of <strong>New</strong> <strong>Zealand</strong> or<br />
<strong>New</strong> <strong>Zealand</strong> marine waters (refer section 281 of the Act).<br />
Marine Oil Spill Response Review Group (MOSRRG)<br />
A group of experts as a formally constituted subcommittee of the Oil Pollution Advisory Committee.<br />
Its role is to review <strong>response</strong>s to significant marine <strong>oil</strong> <strong>spill</strong>s and advise on improvements that could<br />
be made to any aspect of the <strong>New</strong> <strong>Zealand</strong> Marine Oil Spill Response Strategy, including the National<br />
Plan arrangements, regional plans and Tier 1 plans.<br />
Marine protection rules<br />
The rules made by the Minister of Transport or the Director under Part XXVII of the Act.<br />
Marine waters<br />
See <strong>New</strong> <strong>Zealand</strong> marine waters.<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong><br />
The Authority, established originally as the <strong>Maritime</strong> Safety Authority under the Act as a body<br />
corporate, owned by the Crown with perpetual succession. It is responsible for providing effective<br />
marine pollution prevention and an effective marine <strong>oil</strong> pollution <strong>response</strong> system.<br />
National Marine Oil Spill Contingency Plan<br />
The marine <strong>oil</strong> <strong>spill</strong> <strong>response</strong> plan produced by the Director, and sometimes referred to as the National<br />
Plan.<br />
National On-Scene Commander<br />
See On-Scene Commander.<br />
38
Net Environmental Benefit<br />
A process of weighing the advantages and disadvantages of taking a particular course of action (such<br />
as dispersant spraying), including recognising the likely outcomes if the course of action is not taken<br />
(the impact of doing nothing). The result will determine if there will be a net (overall) beneficial or<br />
detrimental outcome of taking the action.<br />
<strong>New</strong> <strong>Zealand</strong> continental waters<br />
Includes <strong>New</strong> <strong>Zealand</strong> marine waters and those waters beyond the outer limit of the exclusive<br />
economic zone of <strong>New</strong> <strong>Zealand</strong> but over the continental shelf of <strong>New</strong> <strong>Zealand</strong>.<br />
<strong>New</strong> <strong>Zealand</strong> marine waters<br />
Includes the territorial sea of <strong>New</strong> <strong>Zealand</strong> and the waters of the exclusive economic zone of <strong>New</strong><br />
<strong>Zealand</strong>.<br />
Offshore installation<br />
Includes any artificial structure (including a floating structure, other than a ship) used or intended to be<br />
used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the<br />
exploitation or associated processing of, any mineral.<br />
Offshore installation site Marine Oil Spill Contingency Plan<br />
Any site plan prepared under Marine Protection Rules for any offshore installation which specifies the<br />
emergency <strong>response</strong> measures to be taken in respect of a marine <strong>oil</strong> <strong>spill</strong>. Sometimes referred to as<br />
an Installation Plan.<br />
Oil<br />
Any petroleum in any form including crude <strong>oil</strong>, fuel <strong>oil</strong>, sludge, <strong>oil</strong> refuse, and refined products (other<br />
than petrochemicals).<br />
Oil industry<br />
Explorers for, and producers, refiners and marketers of <strong>oil</strong>, plus associated carriers and service<br />
contractors.<br />
Oil Pollution Advisory Committee (OPAC)<br />
See Appendix 4.<br />
Oil Pollution Fund<br />
A statutory fund that receives its income from the Oil Pollution Levy. It is used to provide money for<br />
<strong>New</strong> <strong>Zealand</strong>’s preparations for <strong>oil</strong> <strong>spill</strong> <strong>response</strong> and to meet the costs of clean-up where no <strong>spill</strong>er<br />
can be found to meet the costs.<br />
Oil Pollution Levy<br />
A differential levy imposed on all vessels carrying <strong>oil</strong> as either cargo (tankers) or as fuel, according to a<br />
formula based on the risk of an <strong>oil</strong> <strong>spill</strong> from their particular operation. Offshore installations also pay<br />
a set levy based on an assessment of their contribution to the overall risk.<br />
Oil <strong>spill</strong><br />
Any actual or probable release, discharge, or escape of <strong>oil</strong>.<br />
Oil Spill Duty Officer (OSDO)<br />
A rostered staff position within <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong> providing a 24-hour contact and liaison for<br />
marine <strong>oil</strong> <strong>spill</strong>s within the National Marine Oil Spill Contingency Plan.<br />
Oil <strong>spill</strong> <strong>response</strong><br />
Actions taken to confirm the presence of an <strong>oil</strong> <strong>spill</strong>, stop its flow from the source, contain it, collect it,<br />
protect areas from damage by it, mitigate its effects on the environment, and clean up wildlife and<br />
areas contaminated by it.<br />
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On-scene commander (OSC)<br />
The person responsible for the control and management of the marine <strong>oil</strong> <strong>spill</strong> clean-up at Tier 2 or<br />
Tier 3. A regional on-scene commander (ROSC) is appointed by the relevant regional council (Tier 2),<br />
and the national on-scene commander (NOSC) is appointed by the Director (Tier 3).<br />
Oil transfer site<br />
Includes any land, site, building, structure or facility (whether on land or above the sea) that is used to<br />
transfer <strong>oil</strong>, or at or from which <strong>oil</strong> is transferred, to, or from, a ship or offshore installation (refer to<br />
section 281 of the Act). Note: Facility is considered here to include mobile transfer sites such as<br />
vehicles.<br />
Persistent <strong>oil</strong><br />
Oils and petroleum products such as crude <strong>oil</strong>s, fuel <strong>oil</strong>s and lubrication <strong>oil</strong>s that, when spilt, remain<br />
after weathering in a residual form in the environment for an appreciable period.<br />
Place of refuge<br />
A place where a vessel can safely anchor or berth to enable measures to be taken to forestall or<br />
minimise the effects of damage (e.g., to minimise the leakage of <strong>oil</strong>). Also known as a ‘safe haven’.<br />
Prevention of a marine <strong>oil</strong> <strong>spill</strong><br />
Any action taken during the normal operation of a ship, offshore installation, pipeline, or <strong>oil</strong> transfer<br />
site to lower the likelihood of a marine <strong>oil</strong> <strong>spill</strong> occurring.<br />
Regional Councils<br />
All the regional councils, plus those unitary authorities (District Councils) with the powers and functions<br />
of a regional council. They are:<br />
Northland Regional Council, Auckland Regional Council, Environment Waikato, Environment Bay of<br />
Plenty, Gisborne District Council, Hawke’s Bay Regional Council, Horizons (Manawatu-Wanganui<br />
Regional Council), Taranaki Regional Council, Wellington Regional Council, Marlborough District<br />
Council, Tasman District Council, West Coast Regional Council, Nelson City Council, Southland<br />
Regional Council, Canterbury Regional Council, Otago Regional Council, Chatham Islands Council.<br />
Regional Marine Oil Spill Contingency Plan<br />
A marine <strong>oil</strong> <strong>spill</strong> contingency plan prepared by a Regional Council and approved by the Director<br />
under section 292 of the Act 1994. It is sometimes referred to as a Regional Plan.<br />
Rescue Co-ordination Centre <strong>New</strong> <strong>Zealand</strong> (RCCNZ)<br />
National service centre operated by <strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, which provides a 24-hour alert for maritime<br />
incidents and accidents, including <strong>oil</strong> <strong>spill</strong>s, search and rescue, at sea collisions, etc.<br />
Response escalation criteria<br />
The factors and issues to be taken into account when determining whether or not it is appropriate for a<br />
lower tiered incident to be declared to be and managed as a higher tiered <strong>response</strong> (i.e., local Tier 1,<br />
to regional Tier 2, or national Tier 3 <strong>response</strong>).<br />
Risk<br />
An index of values derived from assessment of possible <strong>oil</strong> <strong>spill</strong> scenarios, where the risk equates to<br />
the probability of a particular event occurring, multiplied by a value that represents the magnitude of<br />
the impact that the event would create.<br />
Risk = Probability x Consequences<br />
Safe haven<br />
See ‘place of refuge’.<br />
Shipboard Oil Pollution Emergency Plan (SOPEP)<br />
A plan prepared under Marine Protection Rules which implements the MARPOL 73/78 requirements, to<br />
specify the measures to be taken in respect of an <strong>oil</strong> <strong>spill</strong> from the ship. Sometimes referred to as a<br />
shipboard plan or SOPEP.<br />
Site Marine Oil Spill Contingency Plan<br />
A plan prepared under Marine Protection Rules for any <strong>oil</strong> transfer site or pipeline which specifies the<br />
measures to be taken in respect of a marine <strong>oil</strong> <strong>spill</strong>. Sometimes referred to as a Site Plan.<br />
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Small local <strong>oil</strong> <strong>spill</strong><br />
A <strong>spill</strong> of such size and effect, and in such a location, that the <strong>spill</strong>er (Tier 1 site or ship), or regional<br />
council (Tier 2) is able to adequately respond to it within its own capability.<br />
Territorial Sea<br />
The territorial sea of <strong>New</strong> <strong>Zealand</strong> comprises those areas of the sea having, as their inner limits, the<br />
baseline described in sections 5, 6, and 6A of the Territorial Sea, Contiguous Zone, and Exclusive<br />
Economic Zone Act 1977 and, as their outer limits, a line measured seaward from that baseline, every<br />
point of which line is distant 12 nautical miles from the nearest point of the baseline.<br />
Threat<br />
The possible impact or consequences that a <strong>spill</strong> of <strong>oil</strong> could create if allowed to come into contact<br />
with a biological, social or economic resource.<br />
Tier 1<br />
Site-specific, and includes most shore-side industry with <strong>oil</strong> transfer sites, offshore installations and all<br />
vessels from which a <strong>spill</strong> of <strong>oil</strong> is possible. All Tier 1 sites and most larger commercial ships (which<br />
meet MARPOL 73/78 requirements) are expected to plan for and be able to provide a clearly<br />
identifiable first <strong>response</strong> to pollution incidents for which they are responsible. See also Site Marine<br />
Oil Spill Contingency Plans, Shipboard Oil Pollution Emergency Plans and Appendix 1.<br />
Tier 2<br />
Regional councils, which are expected to plan for and respond to marine <strong>oil</strong> <strong>spill</strong>s within their part of<br />
the Territorial Sea (12 nautical miles) where the <strong>spill</strong>s exceed the clean-up capability of Tier 1, or for<br />
which no responsible party can be identified. See also Appendix 2.<br />
Tier 3<br />
<strong>Maritime</strong> <strong>New</strong> <strong>Zealand</strong>, which manages the National Marine Oil Spill Contingency Plan for <strong>spill</strong>s within a<br />
region which are beyond the resources of the region, or which occur within the EEZ but outside<br />
regional council boundaries. See also Appendix 3.<br />
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