Marine dumping
Overview
Waste disposal within 12 nautical miles
Waste disposal within 12 nautical miles of New Zealand’s territorial waters is regulated by regional councils under the Resource Management Act 1991.
The Marine Pollution Regulations 1998, made under the Resource Management Act 1991, apply to this type of waste disposal. Please contact the regional council within whose jurisdiction you intend disposing of wastes at sea for their requirements.
Waste disposal in the Exclusive Economic Zone and Extended Continental Shelf
In 2015 responsibility for regulating waste disposal beyond New Zealand’s territorial waters, but still within areas under New Zealand jurisdiction, transferred from Maritime NZ to the Environmental Protection Authority (EPA).
Applications for all types of waste disposal within the Exclusive Economic Zone (EEZ) or Extended Continental Shelf (ECS) must go to the EPA. The EEZ spans from 12 nautical miles to 200 nautical miles from land.
Waste disposal on the high seas
Waste disposal on the high seas, beyond the extended continental shelf of all countries, is regulated by the country whose flag the vessel doing the dumping is registered under.
In New Zealand, waste disposal on the high seas from New Zealand flagged vessels is administered by Maritime NZ under the Maritime Transport Act 1994 (MTA) and associated rules.
The MTA authorises the Director of Maritime NZ to issue a permit for the disposal of waste or other matter:
- into the sea or
- onto or into the seabed
beyond the continental shelf within New Zealand’s EEZ when the disposal is from a New Zealand flagged vessel.
Applications may be considered in line with Marine Protection Rules Part 180. Any proposal will require a detailed environmental impact assessment and clear justification for why sites within New Zealand’s jurisdiction cannot be used.
There are no fixed fees for dumping permit applications for disposal of waste on the high seas from a New Zealand flagged vessel. An hourly rate applies for staff time under the Maritime (Charges) Regulations 2014.
International law: the 1996 Protocol and London Convention
Dumping standards for all New Zealand jurisdictions are based on the 1996 Protocol, which New Zealand is a party to. The 1996 Protocol relates to the International Convention on the Prevention of Marine Pollution by Dumping of Wastes or Other Matter 1972, also known as the London Convention.
The global aim of the 1996 Protocol is to:
‘Protect and preserve the marine environment from all sources of pollution and take effective measures, according to scientific, technical, and economic capabilities, to prevent, reduce, and where practicable eliminate pollution caused by dumping or incineration at sea of wastes or other matter.’
A key principle of the 1996 Protocol is to avoid, reuse, and minimise waste sources to reduce the amount of material that must be dumped at sea. This principle is a well-established requirement in New Zealand domestic legislation.
The 1996 Protocol applies the precautionary approach to dumping waste at sea. Rather than setting out wastes that are not allowed to be dumped, the 1996 Protocol defines categories of waste that may be considered for dumping at sea, if the applicant can show that no adverse effects will result. All other categories are prohibited from disposal at sea.
Types of waste that may be considered for dumping
The following wastes or other matter may be considered for dumping, if any material that could create floating debris or contribute to marine pollution has been removed as far as practicable, and the dumped material poses no serious obstacle to fishing or navigation.
Wastes or other matter that may be considered for dumping are:
- dredged material
- sewage sludge
- fish waste or material from industrial fish processing operations
- vessels, platforms, or other man-made structures at sea
- inert, inorganic geological material
- organic material of natural origin
- bulky items that mainly contain iron, steel, concrete, or similar harmless materials, where the concern is physical impact. Dumping is limited to situations where these wastes are generated at locations, such as small islands with isolated communities, that have no practicable disposal options other than dumping
- carbon dioxide streams from carbon dioxide processes for sequestration.
Disposal of vessels at sea
Disposal of vessels on the high seas
For disposal of vessels on the high seas, applicants must show that there are no pollutants on board vessels intended for disposal at sea and that there are no other viable disposal options.
If an applicant needs to tow a vessel to a disposal location, they must show that it is ‘fit for tow’. This usually involves using an independent surveyor of ships and providing a passage plan.
For disposal of vessels within the territorial sea, within 12 nautical miles of land, contact the relevant regional council. For disposal of vessels within the EEZ and ECS, contact the EPA.
Burials at sea
Burials on the high seas
Maritime NZ will consider applications for burial at sea from a New Zealand flagged vessel beyond the extended continental shelf on a case-by-case basis. Contact Maritime NZ for more information.
Burials within the territorial sea
For burials at sea within the territorial sea, within 12 nautical miles of land, contact the relevant regional council.
Burials within the EEZ and ECS
For burials at sea within the EEZ and ECS please contact the EPA. Authority.
Applying for a dumping permit
Apply for a marine dumping permit on the high seas
To dump waste from a New Zealand flagged vessel on the high seas (beyond the Extended Continental Shelf) a dumping permit issued by Maritime NZ is required.
To dump waste within the coastal marine area, resource consent must be applied for with the appropriate regional authority. To dump waste within the EEZ and the extended continental shelf a marine dumping consent must be applied for from the EPA.
How Maritime NZ manages dumping permits for the high seas
Maritime NZ assesses and issues dumping permits for disposal of waste on the high seas from New Zealand flagged vessels. To support this, Maritime NZ utilises a historic document; the New Zealand Guidelines for Sea Disposal of Waste (NZGSDW).
These guidelines provide a comprehensive overview of:
- waste reduction and alternatives to dumping
- waste characterisation
- assessing waste suitability for dumping
- assessing the dump site
- decision making and monitoring.
The guidelines also include detailed technical information to support the assessment approach and aim to:
- help applicants who are applying for permits to dump waste on the high seas from New Zealand ships, aircraft, or offshore installations
- assist Maritime NZ staff who must decide on the applications they receive
- support a consistent, practical consenting and permitting regime for dumping, in line with the 1996 Protocol.
The 1996 Protocol refers to the Convention on the Prevention of Marine Pollution by Dumping of Wastes or Other Matter 1972, also known as the London Convention.
Permits for disposal of waste at sea are granted only if:
- all other waste disposal options are shown to be impractical
- the effects on the marine environment will be minor
- the activity is consistent with the sustainable management of natural and physical resources.
To apply for a dumping permit on the high seas from a New Zealand flagged vessel, or to get more information, please contact Maritime NZ.
Apply for a dumping permit within New Zealand jurisdiction
To dump waste:
- within the coastal marine area, apply to the relevant regional council for resource consent
- within the EEZ and ECS, apply to the EPA for a marine dumping consent.