New Zealand oil spill response strategy - Maritime New Zealand

environmental monitoring that is undertaken for purposes other than providing information to guide a
spill response, and generally occurs after the response has been terminated. This monitoring should
be by prior agreement with either the spiller or the New Zealand government, since costs cannot be
met from the Oil Pollution Fund. 3
Initiation of operational monitoring should be the first phase of any response, occurring before and
during the active response stage. Sound decisions can only be made on the basis of accurate
information about the spilled oil and the environment into which it has been released.
Though monitoring will always be a component of any response, Type 1 monitoring may be the only
action necessary and a legitimate response option in certain circumstances, where depending on the
type and volume of oil, the location and climatic conditions, the most effective response may be to
allow natural dispersion and weathering.
If further action is required, ongoing operational monitoring is essential to gauge the success of
response activities, and to inform the NEBA process during clean-up. Any reasonable costs
associated with such monitoring are legitimately included in the response, and are fully cost
recoverable from the spiller.
Type 2 monitoring may also be necessary for reasonable environmental reinstatement after the spill
has occurred, providing it satisfies the principles of NEBA. It would first involve investigating if
reinstatement was feasible, then determining when the reinstatement had reached a sufficient stage to
conclude. Type 2 also includes assessment of long-term environmental effects after a spill.
Intervention, Places of Refuge and Salvage
One of the statutory objectives of the OSC is to minimise and where possible prevent further pollution.
Avoiding a potential or imminent spill is recognised as the best outcome in oil spill response. Salvage
of a vessel or installation, or containment of the oil within its original structure (tank, bunker, pipeline,
etc.), or safe transfer of the oil to secondary containment (a barge or lightering vessel) may prevent the
oil from spilling. This will prevent or minimise environmental effects, potentially reduce toxic or health
impacts, and very likely lower the overall cost of response.
It is not the role or responsibility of the OSC or the response operation to engage in salvage
operations. However, Parts 19 and 20 of the Maritime Transport Act have provided the Director with
wide powers to intervene to protect marine interests (see Glossary) from discharges of harmful
substances during emergencies. The Director (or nominee) can require the owners of a hazardous ship
or offshore installation, a ship's master or salvor, or the operator of an offshore installation or pipeline
to take actions to protect marine interests. The Director can also take direct action, with respect to
the ship, structure or cargo. The OSC, and to a lesser extent the harbourmaster (under local bylaws),
may apply powers to intervene with salvage aspects of marine oil spill responses. A summary of the
salvor’s responsibilities is provided in Appendix 7.
In certain circumstances, direction of a stricken vessel to a place of refuge may be a priority action to
prevent or reduce the harmful effects of a spill. Under the Act, the Director may nominate any
appropriate area as a place of refuge, depending on a range of environmental and climatic factors as
well as the nature of the incident. Criteria have been developed to assess the suitability of potential
places of refuge, in accordance with International Maritime Organisation guidelines and international
best practice.
Once the Director has declared a vessel to be a hazardous ship, all options will be judged against the
defined criteria to select the most suitable place of refuge under the prevailing circumstances.
On-water Response
Dealing with a spill while it is still afloat will most often be preferable to allowing the oil to strand
onshore. Priority should be given to preventing oil reaching sensitive coastal environments.
The options for on-water responses are:
• Natural dispersion through wind and wave action;
• Application of chemical dispersants; deflection or containment with booms;
• In-situ burning;
• Collection and removal.
3
For further details, Maritime New Zealand has produced a background paper in conjunction with the Australian Maritime Safety
Authority entitled ‘Oil Spill Monitoring’, which is available on request.
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