Oil spill-response-strategy
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Oil spill-response-strategy

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Maritime New Zealand oil spill response strategy 2006

Maritime New Zealand oil spill response strategy 2006

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Oil spill-response-strategy Oil spill-response-strategy Document Transcript

  • JULY 2006
  • TABLE OF CONTENTS Foreword .........................................................................................................................................................2 Executive Summary ........................................................................................................................................3 The New Zealand Marine Oil Spill Response Strategy .................................................................................4 Introduction .................................................................................................................................................4 Aim...............................................................................................................................................................4 Key Principles..............................................................................................................................................4 Partnership with Maori ................................................................................................................................5 Waters Covered by this Strategy ..............................................................................................................5 Risk Assessment ........................................................................................................................................6 Contingent Capability .................................................................................................................................8 Sensitive Coastal Resources .....................................................................................................................9 Public Expectations ....................................................................................................................................9 The Oil Pollution Advisory Committee.....................................................................................................10 Strategy Review........................................................................................................................................10 Prevention .................................................................................................................................................10 The New Zealand Marine Oil Spill Response System ................................................................................11 Three-Tiered Approach ............................................................................................................................11 The On-Scene Commander......................................................................................................................14 Spill Notification and Reporting...............................................................................................................14 Spill Assessment and Response Assignment.........................................................................................15 Command and Control.............................................................................................................................16 Response Options....................................................................................................................................16 Oil Spill Response Capability ..................................................................................................................18 Funding and Compensation .....................................................................................................................21 Compliance ...............................................................................................................................................22 International Response Arrangements .....................................................................................................23 Communication .........................................................................................................................................23 Information Management ..........................................................................................................................23 The Rescue Co-ordination Centre New Zealand ....................................................................................24 Maritime Security.......................................................................................................................................24 Appendices ...................................................................................................................................................25 Appendix 1 – Key Functions and Responsibilities of Industry ..............................................................25 Appendix 2 - Key Functions and Responsibilities of Regional Councils..............................................26 Appendix 3 - Key Functions and Responsibilities of Maritime New Zealand .......................................27 Appendix 4 - Key Functions and Responsibilities of the Oil Pollution Advisory Committee (OPAC)..28 Appendix 5 - Agencies with Statutory Roles and/or Responsibilities ..................................................29 Appendix 6 – International Agreements...................................................................................................32 Appendix 7 – Jurisdictions and Responsibilities ...................................................................................33 Appendix 8 – Relationship with the New Zealand Transport Strategy .................................................35 Acronyms ......................................................................................................................................................36 Glossary of Terms ........................................................................................................................................37 1
  • FOREWORD The New Zealand Marine Oil Spill Response Strategy is subject to a five-year formal review process. This document – the 2006 Marine Oil Spill Response Strategy - is the third revision since it was first established in 1992. The 2006 Strategy takes into account the most recent New Zealand Marine Oil Spill Risk Assessment, completed in 2004. As a nation, New Zealand has a strong affinity with the marine environment and places great importance on the wide range of cultural, social and economic values associated with its coast. Unfortunately, the needs and the effects of modern society also put pressure on the very resources we value so highly. This Strategy forms a single, albeit vital component in the fight against all sources of marine pollution for which society increasingly has ‘zero tolerance’. For the review of the 2000 Strategy, a series of stakeholder workshops was first held in 2004. The aim was to evaluate how successfully the system was working, and seek recommendations for improvement from those responsible for the Strategy’s implementation. It was encouraging to discover that the wider response community was generally satisfied with the system, and sought only minor changes or clarifications. Of course, there have been many improvements, but these could best be described as evolutionary, rather than revolutionary. The most significant are: • A change in the format of the National Plan; • More active involvement of Maritime New Zealand in regional exercises; • Provision for the establishment of a National Response Team; • Provision for setting performance measures; • The ability to develop regional rapid deployment response resources; • Guidance for decision making concerning places of refuge; • Formal recognition of the Co-ordinated Incident Management System; • More clearly defined response escalation and de-escalation criteria; • Clearer delineation of responsibilities and jurisdictions during responses; • Incorporation of Maritime New Zealand’s security and search and rescue functions; • Commitment for relevant staff to gain experience at overseas incidents; • Confirmation of national border and biosecurity arrangements; • Definition of the relationship with the New Zealand Transport Strategy. Successful implementation of the Strategy is dependent upon effective partnerships between the maritime and oil industries, regional and national government, combined with the continued support of an increasingly aware public. Since 1992 these relationships have become firmly established, as has the support of the New Zealand public. Recent experience with significant maritime incidents such as the Jody F Millennium grounding off the Gisborne coast in 2002 demonstrated that New Zealand has an effective marine oil spill response system in place. This updated 2006 Response Strategy will ensure not only that this remains so, but also that performance continues to evolve and improve yet further. 2
  • EXECUTIVE SUMMARY New Zealand, through Maritime New Zealand and its partners, will respond to a marine oil spill of any size. The New Zealand Marine Oil Spill Response Strategy sets the overarching framework to achieve this. New Zealand’s response capability is based on contingency planning, and is developed and maintained through partnerships between Maritime New Zealand, regional councils and unitary authorities, industry, domestic and overseas agencies. The Strategy aims to minimise the impact of oil pollution on the marine environment within New Zealand’s area of responsibility. The response system is comprised of three ‘Tiers’, each having the ability to escalate in an integrated and efficient manner to the next, depending on the scale of the event. Each Tier is required to prepare contingency plans and a response capability appropriate to their respective levels of responsibility. • Tier 1 – Industry • Tier 2 – Regional Councils and Unitary Authorities • Tier 3 – Maritime New Zealand and International Partners Maritime New Zealand maintains a domestic response capability based on the findings of successive marine oil spill risk assessments. If the scale of an incident is beyond the nation’s domestic capability, arrangements are in place to secure overseas assistance. This relationship is reciprocal, as New Zealand will be expected to assist its overseas neighbours if requested. Oil spill preparedness is funded by an industry levy, the Oil Pollution Fund, paid by those sectors whose activities pose the risk of a marine oil spill. In the event of an oil spill, the polluter is liable for all reasonable costs associated with the response. 3
  • THE NEW ZEALAND MARINE OIL SPILL RESPONSE STRATEGY Introduction The New Zealand Marine Oil Spill Response Strategy outlines the means by which the nation will respond to a marine oil spill of any size. However few, if any, nations are able to mount credible responses to major spills alone. Based on the results of comprehensive risk assessments, New Zealand maintains an appropriate domestic capability to respond to a ‘one-in-one-hundred’ year event. For larger spills it has established arrangements for international assistance with other nations through the provisions of the 1990 International Convention on Oil Preparedness, Response and Co- operation (OPRC). New Zealand’s own commitment to assist its international partners in times of need is also fundamental to the ongoing success of this reciprocal agreement. Partnerships also form the foundation of New Zealand’s domestic capability. Neither effective contingency planning nor successful responses would be possible without the co-operation of regional authorities or industry, plus a wide range of organisations and individuals with specialist skills. Aim The Strategy describes the framework within which an efficient and effective response is provided to any marine oil spill in New Zealand waters. Key Principles The three most important and fundamental principles underlying the Strategy are that: • The response capability will be maintained and developed through successful relationships and partnerships between Maritime New Zealand, regional councils and unitary authorities, government partners, industry and domestic and overseas agencies. • Protection of human safety, health and welfare is of paramount importance in preparing for and responding to marine oil spills. This includes the health and safety of the public, industry personnel and the spill responders; • Net Environmental Benefit Assessment (NEBA) will underpin the decision making process concerning response options and clean-up standards. The other basic principles are that: • The polluter pays principle is fundamental, so the full, reasonable cost of any spill response, clean-up and reasonable restoration efforts should be sought from the spiller; • On-scene commanders should ensure that initial mobilisation is sufficient to implement an effective and credible response; • The best available specialist advice should be sought before decisions are made; • Industry has a responsibility to undertake its business without creating unnecessary risks, and is responsible for the risks it does create; • Those industries and other maritime activities which create the risk of a marine oil spill should contribute to the costs of maintaining and implementing the Strategy via an oil pollution levy; • Oil spill planning and response systems must be comprehensive, integrated and effective; • All people and agencies associated with planning and response should be aware of and committed to their agreed responsibilities; • Risk assessment is an integral part of response planning, preparation and levy allocation; • The National Marine Oil Spill Contingency Plan must provide the means for the National On- Scene Commander to be able to mount a credible response to any marine spill regardless of size; • Resources, training and equipment will be allocated on the basis of risk analysis to reflect national and regional needs, to ensure prompt reaction with appropriate resources in the event of a spill; • A progressive, tiered approach is required for all preparation and planning for, and response to, marine oil spills; • There will be national consistency across the range of oil spill planning and response activities; • Salvage of a vessel and/or its cargo is recognised as an important primary means of avoiding or mitigating the effects of a marine oil spill; 4
  • • Technological and procedural innovations will be incorporated where appropriate and cost effective. Partnership with Maori The Treaty of Waitangi is the founding document of New Zealand, and the Crown has a duty under Article 2 to actively protect Maori interests. In light of the significance to Maori of the marine environment, including ecosystems and indigenous species, this duty extends to appropriate consultation on matters such as marine oil spills. In recognition of this duty, the strategy: • Welcomes Maori involvement on the Oil Pollution Advisory Committee; • Requires consultation with local Tangata Whenua on contingency planning and response through Tier 2 plans; • As appropriate, involves Tangata Whenua in Tier 3 responses, and; • Takes steps to address Maori interests identified through these processes. These commitments are consistent with Maritime New Zealand initiatives for building collaborative partnerships with Maori communities. Waters Covered by this Strategy A marine oil spill is defined (see Glossary) in the Maritime Transport Act as an actual or probable oil spill into the internal or marine waters of New Zealand. For the purposes of the Strategy, it must be either directly into the sea or ultimately reach marine waters and have arisen from activities covered by the Act (e.g., Tier 1 transfer of oil to ships or offshore installations). The Strategy applies to marine oil spills within the internal waters of New Zealand (landward of the baseline of the Territorial Sea to the low water mark), New Zealand marine waters (from baseline to 200 nautical miles, comprising Territorial Sea and Exclusive Economic Zone) and, in respect of the Director of Maritime New Zealand's powers over hazardous ships and offshore installations under section 248 of the Act, New Zealand continental waters (comprising New Zealand marine waters and those waters beyond 200 nautical miles over the continental shelf). 1 In addition to being covered by the Act, mobile oil transfer facilities (in this instance, specifically road oil-tanker trucks) may also fall under the jurisdiction of the Resource Management Act 1991 (RMA). Spills occurring when in transit on the road between sites, even those entering the marine environment, fall to the regions as discharges under the RMA. Once engaged in the activity of transferring oil and fuel, the facility becomes a Tier 1 site under the Act and any subsequent spills are provided for in the Strategy. The Strategy does not apply to oil spills in inland waters (rivers and lakes) except for such instances as ships or Tier 1 sites on rivers where the spill would inevitably reach marine waters. Inland oil spill responses are provided for under the RMA and are within the jurisdiction of the regional council. However, Maritime New Zealand will use all endeavours to assist (as a contractor) where the spill is beyond the capacity of the region to respond. Overall responsibility in such circumstances lies with the regional authority and no costs are recoverable from the Oil Pollution Fund. The current strategy also does not apply to spills within the territorial sea of Antarctica and the Ross Dependency managed by New Zealand. However, international obligations require New Zealand as a nation to develop a contingent capability for spill response in this region (as detailed in Appendix 6). Responsibility for meeting theses obligations currently rests with Ministry of Foreign Affairs and Trade and Antarctic New Zealand. 1 The defined term ‘New Zealand marine waters’ under the Maritime Transport Act 1994 relies on marine areas defined by the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. These definitions are used for consistency with the United 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 the coastal marine area as defined in the Resource Management Act 1991 that extends from the line of mean high water springs or specified points from a river mouth to the outer limit of the territorial sea. Hence for the purposes of oil spill contingency plans and response, the area above the low water mark is technically excluded. 5
  • Risk Assessment National marine oil spill risk assessments are undertaken prior to each review of the marine oil spill response strategy. This process began in 1992, and each successive assessment builds on and refines the previous studies. These findings drive the strategic process for oil spill response planning. Analysis is undertaken to determine developments and trends in different commercial sectors or regions, and report on the nature of spills experienced both domestically and internationally. This information underpins the decision making process concerning the location and scale of resources that need to be held at a national and regional level. The 2004 risk assessment confirmed that broadly speaking, New Zealand’s current preparedness for the risks posed by a one-in-a-hundred year oil spill event arising from activities in the maritime sector is sufficient. The concentration of resources around the main regional ports is also supported. Potential areas of change which should be considered in the current strategic period to 2012 include: • The global trend towards larger and faster container ships; • A similar trend towards larger cruise ships with an increasing frequency of visits; • The growth and increased capacities of regional ports; • The implementation of new navigational aids and other areas of changing maritime technology; • Changes to the coastal fleet; • New international requirements for tanker hull design (double hulls); • A potential upsurge in New Zealand offshore oil and gas exploration and production in coming years; • Economic factors (such as high oil prices driving a switch to cheaper, more persistent bunker fuels). 6
  • Spill Likelihood The likelihood of a marine oil spill has been modelled using information from the oil and transport industry in New Zealand and depicts regional information on spill potential (see map below), average frequency of a serious incident, expected number of spills per year, estimates of the oil spilled into the sea per year and the return period of a spill of a given size. The model generates information that will inform both the setting of the Oil Pollution Levy (OPL) and the operational decisions of Maritime NZ. In 2002/03 a total of 13 million tonnes of crude oil, condensates and petroleum products were transferred to and from tankers at New Zealand ports - creating around 600 cargo transfers. Five million tonnes of imported crude oil were unloaded at the Marsden Point refinery in around 50 shipments and 590,000 tonnes of bunker fuels and lube oils were loaded in over 3,000 bunkering operations at New Zealand’s main ports. Since the last risk assessment in 1998, larger container vessels have been introduced on services between New Zealand, USA and Europe. There has also been significant traffic growth in regional ports such as Tauranga and Napier, with new deepwater berths built at Marsden Point and Picton. Cruise vessel activity has increased with newer and larger vessels regularly visiting New Zealand during the cruise season. 7
  • Spill Consequences A framework for assessing the consequences of oil spills on coastlines has been developed based on earlier work. For this exercise, New Zealand is divided into a number of 20 km2 ‘coastal cells’, and each cell is rated using a scale that assesses the vulnerability of the area to oil spills in terms of environmental factors (i.e. shoreline character, plants and animals) and human factors (i.e. economic, cultural, social, economic and recreational). These ratings produce a profile for each cell that contributes to the national map (below). The areas that are of greatest environmental concern are those that have a high socio-economic value, have shoreline types that are very sensitive to oil spills (e.g. mangroves in the Auckland region) or those that contain important wildlife (e.g. birdlife on Farewell Spit). Ports are hot spots. The economic resources, human population and recreation areas located in and around Auckland’s ports contribute to that region showing as a hot spot. Also, the spill rate for ports is around 3 times higher than the spill rate for the combined coastal areas. The higher spill rate for ports reflects the greater risks associated with vessel movements in and out of harbours and the transfer of oil cargo and fuel. For NZ ports, Auckland has the highest spill rate, followed by Marsden Point, Lyttlelton and Wellington. The Auckland rate reflects the high level of activity and the large range of vessels using the port. Contingent Capability Maritime New Zealand, in conjunction with its various national and international partners, will respond to a spill of any size. However, it is more cost-effective for New Zealand to maintain a response capability for the most likely spills, and be able to call on other countries for extra equipment and trained personnel when needed for major spills. New Zealand has developed a domestic response capability for a ‘one-in-a-hundred’ year event based on successive risk assessments. The actual spill size planned for is impossible to specify, since there are too many variables to ascertain a credible estimated figure. 8
  • The three-tiered system provides each level with the opportunity to call on the others for assistance (through a process of controlled escalation), while requiring contingency plans to be developed with all the necessary information for an effective response. The concept of contingent capability in New Zealand means that each region has been equipped with sufficient resources to deal with the smaller spills they would normally experience, while still being able to escalate the response by calling on nationally held stocks and expertise for major incidents. In turn, when the scale of a response is beyond the national capacity, New Zealand can call on Australian (and other) resources through a mutual aid Memorandum of Understanding or other signatories to the OPRC to assist. The system has the flexibility to accommodate the extra resources available from overseas. Sensitive Coastal Resources As a nation, New Zealanders have a strong historical connection to the marine environment. The coastline contains many sensitive resources to which New Zealand attaches great importance, for their biological, physical, social, cultural, economic or intrinsic values. It is the responsibility of regional councils and relevant industries to identify in their contingency plans those areas most threatened by potential marine oil spills. The regional councils are required to set priorities for protection of sensitive areas and identify the response needs for these locations in consultation with key stakeholders. Regional councils are also required to produce maps detailing environmentally sensitive areas as part of their ongoing regional contingency planning development and maintenance program. This information will be collated by Maritime New Zealand and incorporated into a GIS database, the Oil Spill Information Management System (OSIMS), which will be made available along with other response decision tools to supplement the National Plan. Public Expectations In the event of an oil spill, the New Zealand public rightly expects that all reasonable steps will be taken to minimise the effects on the marine environment. Even small marine spills may impact on amenity values and disrupt coastal activities, so the development of an effective response strategy is of paramount importance. Nevertheless it is essential to carry out a net benefit analysis of the response options for any spill. In some circumstances, the option of ‘doing nothing’ may be the best response option even though this may be at variance to public opinion. No nation presently maintains the capacity to deal with all possible incidents. New Zealand, like other countries, relies on international assistance for spills and formal agreements to ensure access to these international resources form a fundamental part of this strategy. Should a major spill occur, New Zealand’s geographic isolation means it will be some time before significant resources could be mobilised from overseas, so New Zealand must maintain an adequate domestic first response capability. Given the proximity to the coast of most maritime activity, it would be unreasonable to expect responders to be able to prevent all or even some oil from reaching the shore in every case. Response activity on impacted coastal areas must cease at some point, and depending on the stakeholder perspective, there may be wide ranging opinions on defining ‘How clean is clean?’ Deciding when the clean-up operation ceases will be done in consultation with local interests based on the principles of net environmental benefit assessment. The highest likelihood of oil spills is in commercial areas such as ports and harbours, where established communities are also likely to be found in adjacent areas. There are significant public health and safety issues associated with oil spills, and the welfare of the community, industry personnel and responders must always be considered as the highest priority in both planning and response. 9
  • The Oil Pollution Advisory Committee The Director of Maritime New Zealand (the Director) is provided with expert advice from the Oil Pollution Advisory Committee (OPAC) under the Act. The Director must consult OPAC on certain specified matters relating to oil spill response and the administration of the Oil Pollution Fund. The functions and responsibilities of the committee are detailed in Appendix 4. Strategy Review The Act requires that the Director formally review the Strategy every five years, though it may prove necessary to issue interim updates should circumstances change. Prevention Oil spill response and contingency planning is funded under the Act by the Oil Pollution Fund (OPF), a system of industry levies administered by Maritime New Zealand. The Maritime Transport Act (and the OPF) does not encompass costs associated with preventative measures unless these are directly associated with the costs of responding to a probable spill. Elsewhere, however, Maritime New Zealand and other government agencies administer and encourage a wide range of non-OPF preventative measures aimed at reducing incidents and discharges. 10
  • THE NEW ZEALAND MARINE OIL SPILL RESPONSE SYSTEM Three-Tiered Approach Consistent with established international practice, New Zealand has implemented a three-tiered approach to all aspects of marine oil spill preparation and response. Industry (Tier 1), regional councils (Tier 2) and Maritime New Zealand (Tier 3) all have clear roles and responsibilities provided for in the Act (detailed in Appendices 1, 2 & 3). Any agency with Tier 1, 2 or 3 responsibilities must develop and maintain both a marine oil spill contingency plan and an operational response capability. The legislative basis for this approach and much of its operational detail is set out in the Act and various supporting Marine Protection Rules. Contingency Plans Contingency plans must be produced according to standards provided in the Act, Marine Protection Rules and any guidelines issued by the Director. Each regional, site or installation plan must also be consistent with this Strategy and the National Marine Oil Spill Contingency Plan. They should also identify any delegated powers and the responsibilities of all those involved in oil spill incident response. The concept of setting performance measures is accepted and endorsed by Maritime New Zealand for contingency planning as an effective feedback mechanism. Performance measures should be developed and specified, where appropriate, in both the national and regional contingency plans. Plans should be dynamic, living documents subject to regular and continual update. Formal review is required every three years, or earlier if circumstances demand. A review must also occur after every significant oil spill incident or exercise. Above all, plans must be clear, concise, simple, easy to use and understood by the people intended to utilise them. Tier 1 A Tier 1 plan is site-specific and includes most onshore industry with oil transfer sites, offshore installations (including rigs & platforms), pipelines and certain vessels from which a spill of oil into the marine environment is possible. All Tier 1 sites and vessels are expected to be able to provide a clearly identifiable first response to pollution incidents for which they are responsible. 2 In the case of an actual or probable oil spill from a vessel, the ship’s master is responsible for notifying authorities and ensuring that containment efforts begin immediately. Depending on both the circumstances and resources/equipment available, the master may also initiate clean-up operations if safe for the personnel involved. If the spill is onshore or from an offshore installation, the company, plant or site manager is responsible for ensuring these actions are commenced without delay. After notifying the regional council or Maritime New Zealand of the spill, the person in charge must take immediate steps to control the spill following directions in the relevant approved contingency plan. If that person seeks support, or if the regional council considers that the response needed is beyond the capability of the site to provide, the Regional On-scene Commander (ROSC) will take charge and control of the response by escalating to a Tier 2. Similarly, a Tier 1 incident may be escalated directly to a Tier 3 by the National On-scene Commander (NOSC). If the spill is outside the Territorial Sea (such as an offshore installation, vessel in transit or waters around offshore islands within the EEZ), and beyond the capability of the site to respond, control of the response passes directly from the Tier 1 person in charge to a Tier 3 NOSC. 2 The Maritime Transport Act 1994 requires that ships are to have response plans where required by the marine protection rules. The rules require oil tankers exceeding 150 gross tons and all other ships exceeding 400 gross tons to have Shipboard Oil Pollution Emergency Plans. These demarcations mirror those specified in MARPOL 73/78. As such, recreational vessels and the New Zealand Defence Force ships are equally subject to these requirements. 11
  • All vessels that meet the criteria specified by the MARPOL 73/78 convention (as reflected in Part 130A) are required to have a shipboard oil pollution emergency plan (SOPEP), approved and audited by Maritime New Zealand or the appropriate maritime authority for foreign flagged vessels. The owner of an oil transfer site is required to ensure that an approved oil spill contingency plan has been produced (either by themselves or their tenants or lessees). The regional council, acting under a delegation from the Director, will be responsible for approving and auditing the contingency plans for oil transfer sites. The owner of an offshore installation (or their tenants or lessees) is required to produce a marine oil spill contingency plan. In addition, discharge management plans are to incorporate emergency response provisions for oil spills. Both contingency plans and discharge management plans are approved and audited by Maritime New Zealand. Where there are a number of related structures in a limited and defined geographic area, such as a large hydrocarbon field, the same contingency plan under the emergency response provisions may be shared if appropriate. If a spill from a Tier 1 site cannot be contained and recovered by the spiller, it must escalate to the next appropriate Tier. Tier 2 Tier 2 response is the responsibility of regional councils and those unitary authorities acting as regional councils under the Act. These agencies must maintain the regional contingency plan for their region. Within their regions, these councils will respond to marine oil spills that exceed the clean-up capability of Tier 1 (some regions have instigated a policy whereby a Tier 1 incident automatically escalates to Tier 2 if oil enters waters in the public domain). They will also respond to those spills for which no responsible party can be identified. Maritime New Zealand will provide regional councils with sufficient equipment, training and opportunities to exercise their expertise in order to competently undertake this role. Regional council Tier 2 personnel and resources also play a fundamental role in Tier 3 responses. In the event of a significant incident that escalates to Tier 3, the Tier 2 responders maintain the response during the transition phase, and still form an integral and vital part of clean-up activities at the Tier 3 level. Each regional council is required to produce, maintain and implement a regional marine oil spill contingency plan for their Territorial Sea (out to 12 nautical miles). Maritime New Zealand will approve and audit these regional plans. The regional contingency planning process should also include pre- spill segmentation of the region’s coastline by suitable trained assessors, to identify homogenous segments and any associated response issues in advance of an incident. An opportunity now exists for most regional councils to link their contingency planning process to the risk assessments that should be undertaken every three years under the New Zealand Port and Harbour Marine Safety Code 2004. The Code, though voluntary in nature, stipulates that the region should undertake a risk assessment for all harbours and areas of compulsory pilotage within their jurisdiction. Risk assessment should form the basis and be a fundamental driver of contingency planning. The relationship between Tier 2 & 3 plans has undergone a significant evolution since the previous strategy in 2000. The structure of the plans has been redefined, so national and regional plans will contain uniform operational procedures. Regional Tier 2 plans will include specific local information in appropriate annexes. As Maritime New Zealand maintains the generic front end of the plan, regional councils can concentrate their resources on identifying and prioritising sensitive areas and local response issues. During an incident, if a spiller cannot be identified or if a spill is beyond the capability of the Tier 1 site to respond, the ROSC will assume responsibility for the clean-up operation within their region directly. The ROSC shall decide whether or not it is appropriate for any action to be taken in response to that marine oil spill. According to section 303 of the Maritime Transport Act, the principal objective of the ROSC in taking any such action will be to prevent further pollution from the marine oil spill, and to contain and clean up the oil spill in accordance with the relevant regional marine oil spill contingency 12
  • plan. The action taken in response to the spill must not cause unreasonable danger to human life or cause an unreasonable risk of injury to any person. The ROSC has a responsibility (detailed in the National Plan) to notify Maritime New Zealand’s Rescue Co-ordination Centre as soon as they become responsible for a marine oil spill response operation. The ROSC may seek the support of Maritime New Zealand at any stage, and Maritime New Zealand may appoint a representative to support the ROSC, where appropriate, to offer technical advice. If the spill is beyond the capability or resources at the disposal of the ROSC, either the Maritime New Zealand representative, or the oil spill duty officer (OSDO), or the NOSC, should be notified as soon as possible, and the response escalated to Tier 3. The NOSC may also determine at any time that progression from regional to national response is appropriate. Tier 2/3 Transition The Tier 2 to Tier 3 transition depends on the timing of the escalation to Tier 3, and the arrival of the NOSC and the team to the Incident Command Centre (ICC). When a Tier 3 is declared, the NOSC assumes control of the incident. There may be elements of the operation delegated to the ROSC to fulfil while the NOSC is en route to the incident. However the elevation of an incident to Tier 3 (see Response Escalation Criteria) is the responsibility of the NOSC. This enables the NOSC to ready the ICC and local response for the next level of operations. The NOSC and the wider team’s travel generally will be separate to mitigate out any possibility of transit ‘failure’. Tier 3 Tier 3 is the responsibility of Maritime New Zealand. When, due to size, complexity or environmental impact, containing and cleaning up a marine oil spill exceeds the capacity of the resources available at both Tier 1 and/or 2, Maritime New Zealand will assume responsibility for managing the response under the National Plan. Maritime New Zealand will also manage the response to any oil spill within the Exclusive Economic Zone (EEZ), and those beyond the EEZ over the New Zealand continental shelf. Maritime New Zealand is responsible for the National Plan. This entails the maintenance of a generic plan containing all operational procedures, which will be added to the regional Tier 2 annexes containing all pertinent local information to facilitate a successful response. In addition and as appropriate, Maritime New Zealand will produce ‘special area’ contingency plans, such as the Fiordland plan. These will be developed where an area is of such environmental significance, or has such complex response issues, that it is deemed necessary to address contingency planning as a discrete entity at a national level. New Zealand's Tier 3 response capability is made up of Maritime New Zealand, the regions, contractors, consultants and agencies where agreements are in place. In a Tier 3 response the NOSC assumes control of and responsibility for the marine oil spill response operations. The functions and powers of the NOSC are the same as those described for the ROSC. However, the directions of the NOSC will prevail over those of the ROSC. If a large marine oil spill occurs anywhere in New Zealand’s area of responsibility, and it is beyond the nation’s own resources to contain and clean up, the Director will seek international support for the Tier 3 response. Through the 1990 International Convention on Oil Spill Preparedness, Response and Co- operation (OPRC), New Zealand has already established arrangements to provide international support. The National Marine Oil Spill Contingency Plan will be used to plan for and carry out a response involving international resources. New Zealand has reciprocal obligations to fulfil international agreements and conventions to provide assistance beyond New Zealand marine waters to neighbouring countries, including Australia and the South Pacific. Operational arrangements needed to allow these obligations to be met, such as Memoranda of Understanding, will be included within the National Plan. Reviews After any marine oil spill (Tier 1, 2 or 3) the Director may review the incident to explore potential improvements to contingency plan arrangements for future responses. This would be undertaken pursuant to section 325 of the Act. In order to carry out these reviews with the greatest efficiency and effectiveness, a sub-committee of OPAC has been established (though the Director may include other experts as required). Acting on behalf of the Director, the Marine Oil Spill Response Review Group 13
  • (MOSRRG) reviews Tier 1 & 2 incidents referred to it by the Director. As a matter of best practice, the MOSRRG should meet on an annual basis at least, more if appropriate, to review incidents occurring over the previous year. Tier 3 responses will be reviewed by independent, external means. As there is no formal statutory process for the review of the National Plan, the Director has determined that the most appropriate means to ensure the completeness and currency of the plan is to also seek the advice of the MOSRRG. This sub-committee will therefore be asked, on occasion, to audit the National Plan with terms of reference similar to section 325 reviews of spill incidents and report their findings to the Director. The On-Scene Commander The Act provides for suitable, qualified people to be appointed either as a regional or national On- scene Commander (OSC). The Director is responsible both for appointing each NOSC, and qualifying personnel for appointment by regional councils of each ROSC. All OSCs will be provided with a warrant card as evidence of their identity and statutory authority under which they are acting. In order to combat marine oil spills successfully Part 23 of the Act provides OSCs with clear direction as to their responsibilities and with a wide range of statutory powers. For any oil spill the OSC should: • Minimise, and where possible, prevent further pollution from the marine oil spill; • Take whatever measures necessary to disperse, contain and recover, or clean up the oil spill in accordance with the relevant contingency plan. The OSC should, where practical, take the following general course of action: • Take any necessary steps, including sampling, to identify the source of the spill; • Prevent any imminent spill from occurring; • Prevent further spillage from occurring; • Minimise, and where possible, prevent the spread of pollution; • Mitigate any harmful effects of the spill; • Protect threatened resources, areas and species; • Monitor the effects of the spill; • Consider the advice of appropriately qualified technical experts; • Clean up and remove the pollution; • Dispose of the waste appropriately. Under both the Health and Safety in Employment Act 1992 (HSE) and the Act, the OSC must ensure the health and safety of the public, responders, and any personnel associated with the spiller. Under section 327 of the Act, when an OSC, or any person working with an OSC, has acted in good faith in the performance of their duties in responding to an oil spill, they are protected from liability for any loss or damage to property caused by their actions. There is a wide range of actions that the OSC may decide to take in respect of a marine oil spill. These powers are set out in section 305 and 311 of the Maritime Transport Act, and include the power to direct the master or owner of a New Zealand ship to do or stop doing anything that they consider necessary or desirable to control or clean up the spill. Spill Notification and Reporting Initial Notification Where there is an actual or probable spill of oil into the marine environment it is the responsibility of the spiller to notify either Maritime New Zealand (through the Rescue Co-ordination Centre) or the appropriate regional council, by the quickest means possible. Maritime New Zealand and all regional councils will provide 24-hour contact telephone numbers for marine oil pollution incidents. Reporting a marine oil spill incident in no way implies an admission of guilt, but failure to report an incident is clearly an offence. Regional councils should also notify Maritime New Zealand whenever they respond to a marine spill. 14
  • The obligation to report actual or probable discharges of oil in breach of the marine protection rules or resource management regulations applies to all vessels, not just those that are required to have shipboard contingency plans. Format Existing standard international oil spill notification formats and procedures for shipping, other maritime industries and commercial aviation should be followed whenever possible. Maritime New Zealand will provide regional councils with an appropriate format for this notification, based on international standards. However, sufficient flexibility should be maintained for both the ROSC and Maritime New Zealand to meet their respective requirements. Other agencies, including but not limited to, the Police, Fire Service, Coastguard, coastal radio stations (national and local), port companies, Civil Aviation Authority, Department of Conservation and New Zealand Defence Force, may also be notified of a marine oil spill by the public. These agencies will be provided with information on the appropriate communication channels and formats for oil spill reports. Spill Assessment and Response Assignment It is the responsibility of the incident controller (at Tier 1) and the OSC (at Tiers 2 & 3) to assess and evaluate information provided at the time of the initial notification of a spill. In every case a decision needs to be made as early as possible about the appropriate size of the response and the appropriate level of command and control. There are a number of factors that can influence these decisions, and to ensure that there is minimal chance of confusion, these factors should be clearly defined in the contingency plans. These can be referred to as ‘response escalation criteria’. Response Escalation Criteria The Act requires, in sections 299 and 300, that the person responsible for implementing the contingency plan (incident controller at Tier 1 or regional OSC at Tier 2) notify either the regional OSC or national OSC respectively, if containing and cleaning-up the spill is or may be beyond the capacity of the resources available to them. There are many reasons why a responder at one level may find that they are unable to adequately respond to a spill: • Size of the spill – the volume of oil spilled (or likely to be spilled) may be beyond the resources, equipment or expertise immediately available to the response agency; • Character of the oil – the type of oil may be one for which specialist response expertise or equipment is needed; • Location of the spill – the location of the spill may be difficult to reach, may require specialised equipment, or may be well offshore; • Nature or extent of the impact of the oil – any combination of oil type and character, spill location, environmental conditions, shoreline type, and proximity to sensitive resources could influence the size of any impact created; • Country of registration of the ship; • Potential for further spillage – the nature of the incident (grounding, collision, accidental discharge, etc) could play a role in determining the likelihood of a spill or further spills, as could the size of the ship; • Cost of response – oil spill response can involve the expenditure of large amounts of money, which, depending on the spiller, can take some time to recover. Maritime New Zealand maintains agreements with regions about the cost of responses at which the region expects escalation to Tier 3. An escalation of a response will generally occur when one of two factors is present: • When the cost begins to exceed stipulated limits for Tier 1 or 2, or • When a decision is made by either the OSC or Maritime New Zealand to escalate the response effort. An escalation will result in greater resources and funding for application to an oil spill response. Response De-escalation Once a spill response has been formally escalated to the next level, then responsibility for control remains with the higher agency (or OSC) until the response is terminated. A spill response cannot be 15
  • de-escalated. This is to ensure consistency and decrease the likelihood of response decisions becoming misinterpreted. It also safeguards against costs being unaccounted for. In a long-running response, it may be practical for the agency or OSC in control to delegate some or all functions to another agency and demobilise under-utilised resources. The resources involved in a response may be increased or decreased at various times according to operational requirements. Responsibility for completing the response remains with the higher level agency or OSC. Response Termination Termination criteria will be determined in consultation with community representatives and appropriate stakeholders. This will take into account a wide range of values unique to the individual nature of each incident, based on the principles of net environmental benefit assessment. Ultimately, the final decision to terminate a response lies with the OSC under section 304 of the Act and in the case of a Tier 3, with the consent of the Director. It will also represent the cessation of funding for any further cleanup costs. Command and Control Emergencies such as oil spills require prompt, decisive and informed action. A clear and effective command and control system is essential, as is the knowledge and expertise required to implement that system. The initial phase of a response may be critical with little time available for assessment of the situation and the need for action to be taken as soon as possible. In order to ensure that the initial phase of a response is effective and efficient, it is essential that adequate resources are mobilised immediately. This is particularly important upon declaration of a Tier 3 response when the NOSC and key personnel may have some distance to travel to the incident location. Accordingly, a minimum initial response team structure and size has been determined for Tier 3 incidents. The New Zealand Coordinated Incident Management System (CIMS) has been adopted by the Ministry for Civil Defence and Emergency Management and a wide range of agencies involved in emergency response including Maritime New Zealand and local government. Maritime New Zealand continues to be involved in the development and coordination of CIMS at the national level. CIMS is designed to improve emergency response management through better coordination between the organisations involved. CIMS is also a flexible system that enables different agencies to carry out their statutory obligations without unnecessary alteration to internal operational procedures. The focus of CIMS is on inter-agency operations rather than the internal operations of the various agencies. New Zealand’s marine oil spill command and control system is compatible with CIMS and is not dissimilar to the systems employed in most developed countries. Details on New Zealand’s system and how CIMS is incorporated during spill response are contained in the National Plan. Response Options OSCs are legally entitled to take whatever action is appropriate and necessary to clean up and/or mitigate the effects of a marine oil spill under the Act. In determining the correct response options for each circumstance, the OSC is expected to judge options according to net environmental benefit assessment (NEBA). This process ensures that any response option results in the best environmental outcome. The spiller, while being responsible for any costs associated with the response, may not be the legal owner of the oil. In whatever form or condition the oil is finally recovered, it still remains the property of the original owner. If practical, the OSC may consult with the original owner or their agent to determine their preferred course of action. However, the ultimate responsibility for decisions concerning recovery or disposal of oily waste remains solely with the OSC. Once waste has been collected and contained it must also be disposed of in accordance with any regional rules governing waste disposal made under the RMA. Monitoring Monitoring can be broadly described as either Type 1 (operational) or Type 2 (non-operational/ scientific). Type 1 provides information of direct relevance to the spill response operation, and generally refers to cost recoverable monitoring prior to response termination. Type 2 includes any 16
  • 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. 17
  • All New Zealand marine waters are designated as pre-approved for dispersant application, unless specifically excluded in either a regional plan or the National Marine Oil Spill Contingency Plan. In all cases, the NOSC has the authority to use dispersant even in excluded areas, if this will lead to the greatest net environmental benefit. Oil Spill Dispersant Guidelines for use in New Zealand have been produced to assist the decision making process.4 Shoreline Response Once oil has reached the shore, the environmental impact and cost of cleaning are often much greater than if the spill had been dealt with at sea. The primary options for shoreline response are: • Pre-cleaning (to improve access and reduce waste); • Mechanical and/or manual clean-up; • Natural recovery; • Bioremediation (using living organisms to speed oil degradation). A recent innovation to shoreline response has been the development of Shoreline Clean-up Assessment Treatment (SCAT). This involves delineating the impacted coast into homogenous segments, and gathering data on each to assist prioritisation. This process can be augmented by pre- spill segmentation at the contingency planning stage, to speed responses during an incident. Wildlife Response The aim of wildlife response is to avoid, remedy or mitigate any detrimental impacts on wildlife during an oil pollution response. This primarily concerns marine and coastal birds, reptiles, and where safety allows, marine mammals, due to their susceptibility, protection status and community expectations. While the OSC is directly responsible for ensuring there is a credible and effective wildlife response, additional specific expertise will be needed. Maritime New Zealand has contracted Massey University to develop and maintain a Tier 3 wildlife response operational plan annexed to the National Plan, a national wildlife treatment facility, and personnel and equipment for use during spill response. The Department of Conservation and Tangata Whenua should also be involved where protected or culturally significant species (see Appendix 5) are threatened, and as key conservation management stakeholders. Wildlife response will, whenever possible adhere to international best practice protocols while prioritising human safety as well as animal welfare. Where appropriate, it may involve exclusion (‘hazing’), and/or pre-emptive capture. In all cases, monitoring of rescued and released wildlife should be an integral component of the rehabilitation process providing feedback to improve efficiency of on- going operations. Should a spill occur whereby there is no direct response action to contain and recover the oil, wildlife response may be the only intervention activity undertaken. Wildlife response costs authorised by the OSC are fully recoverable from the spiller, under both the Maritime Transport Act and the Civil Liability Convention 1969. It is recognised that oiled wildlife may be discovered after other response efforts have ceased, and this should be taken into account during de-escalation and termination. Oil Spill Response Capability Though an effective response capability has been firmly established in New Zealand under the previous response strategies, every effort should be made to ensure continuous development, with a strong commitment to build experience in personnel. Equipment Maritime New Zealand will allocate sufficient basic equipment to the regional councils to respond to spills identified in the risk assessment as likely to occur within their individual boundaries. The amount of equipment deployed in the regions depends on the potential size of oil spills identified and the type of product e.g., those with major oil terminals have more specialist equipment. This gives each region 4 Available on request from Maritime New Zealand or the Cawthron Institute. 18
  • the independence both to deal with minor spills and to mount a credible first response to more significant incidents. Maritime New Zealand retains much of the larger, specialised equipment in its inventory for rapid deployment anywhere in the country. Where equipment is deployed regionally, a contractual agreement between the regional council and Maritime New Zealand is established. This outlines the agreed standards for maintenance, management, deployment, storage and use of that equipment. The allocation of equipment will be subject to regular review, with reference both to the risk assessment and consultation with the regions, to ensure suitable levels and appropriate types are distributed at the correct locations. The key considerations are flexibility and the ability to quickly redeploy equipment either regionally or nationally. This may also include the development of rapid deployment facilities within each region as an immediate response tool, where appropriate and necessary. Planning for new equipment purchase and replacement will be undertaken by Maritime New Zealand, in consultation with OPAC and both national and regional OSCs. All equipment paid for by the Oil Pollution Fund (OPF) remains the property of Maritime New Zealand as part of the overall national oil spill response equipment inventory, regardless of any allocations to the regions. As such, it must always be available for emergency redeployment to other regions in the event of a spill. Some of the national inventory of response equipment, including that allocated to the regions, is available for limited hire to outside parties with the approval of the Director. While hired, the equipment must still be available for emergency deployment should a major marine spill occur. Under contract, Massey University’s Institute of Veterinary, Animal and Biomedical Sciences has established wildlife treatment facilities at the Palmerston North Campus, and developed specialist equipment for deployment during a response. These will continue to be maintained according to the terms of the contract. Maritime New Zealand maintains a complete database of all national and regional oil spill response equipment, including dispersant stocks. All response equipment, whether stored at regional or national centres, will be maintained according to standards specified in maintenance plans developed by Maritime New Zealand to ensure readiness, availability and protection against biosecurity risks during redeployment. All items of Maritime New Zealand equipment used in Tier 2 and 3 spill responses have either hire rates or replacement values (where consumed), and payment of these costs is the responsibility of the spiller. Personnel Personnel requirements for an oil spill response depend on the size and complexity of the incident. Maritime New Zealand maintains a core of approximately 400 responders who have received training at various levels. Many of these people would form the initial response to a marine oil spill in their region. They are predominantly regional council, district council and port company employees, and are identified in the regional plans. At the national level, they are also available for a major response in either their own or any other region. This arrangement gives New Zealand a large pool of trained responders. Oil spill response experience over recent years has highlighted the need for a greater degree of structure and organisation for response to Tier 3 incidents. Tier 3 incidents are inevitably more significant and demanding with regard to impact and resource requirements. Accordingly, effective response preparedness for Tier 3 incidents requires significant planning and preparation, including the initial response team size and structure, identification of available response personnel, standard operating procedures for mobilisation and deployment, and appropriate training and exercising. Further development of Maritime New Zealand's Tier 3 response capability, and in particular initial response organisation and structure, is being undertaken and will progress through the current strategic period. 19
  • Training Maritime New Zealand is responsible for providing and co-ordinating training for those who will be involved in Tier 2 and 3 responses. Industry retains responsibility for providing appropriate training to their Tier 1 response personnel. Maritime New Zealand offers a wide variety of training courses covering all aspects of oil spill response. People identified as integral to national or regional response are required to attend the relevant Maritime New Zealand spill response course, or an approved alternative, and have their skills revalidated every four years. Unless this is achieved, they may not be permitted to work in key positions in regional or national response teams. Where an OSC can demonstrate, through staff participation in incidents, exercises or other training, that key staff in the regional response team are maintaining competency in their respective response roles, then credit can be given for training validation. Maritime New Zealand also ensures adequate training has been provided to its own staff, appropriate to each person’s potential role in a marine oil spill response team. This includes key staff involvement in overseas incidents and exercises. The OPF will meet the costs of attendance at Maritime New Zealand response courses for any person confirmed as a member of a national or regional response team that is also endorsed by an OSC. Where regional councils find that inadequate numbers of responders are available within their organisations, other suitable nominees from the wider community will be accepted onto the Maritime New Zealand training program and paid for from the OPF. The training courses are also available to others at cost. During the course of the current strategic period, Maritime New Zealand will be progressing the programme of oil spill response courses towards New Zealand Qualifications Authority registration and/or accreditation with an internationally recognised training standard. Massey University provides training in best practice oiled wildlife response principles to teams of wildlife responders coordinated under the wildlife annexes of Tier 2 marine oil spill contingency plans. In-spill training, where ad hoc recruits are screened for aptitude and trained in a variety of response techniques by experienced responders, is a proven effective strategy to meet the very rapid need for escalation and turnover a large scale event may generate. Massey University’s courses to wildlife responders are delivered directly through various fora and wildlife response principles are integrated in oil spill response courses offered by Maritime New Zealand. Exercises To ensure that response capability is maintained and ongoing improvement continues, it is essential to assess all planning, management and operational response procedures by conducting regular exercises. All components of the New Zealand marine oil spill response system must be periodically exercised. To facilitate this, Maritime New Zealand has produced an exercise planning format and the Guidelines for Exercise Planning and Management.5 Responsibility for the coordination of oil spill exercising at industry, regional, and national levels rests with Maritime New Zealand. In coordinating exercise activity, Maritime New Zealand will endeavour to improve response capability, efficiency and cost effectiveness. Maritime New Zealand is committed to providing support and assistance to industry and regions in the planning and execution of exercise programmes. The involvement of Maritime New Zealand staff in regional exercises is an essential element in the cooperative model of oil spill response that underpins the response system. Marine Protection Rules require the annual exercising of Tier 1 site contingency plans and from time to time Maritime New Zealand is invited by industry to participate in larger scale Tier 1 exercises. However, each Tier 1 site plan is in place because of a specific identified risk and regional on-scene commanders and their response teams should be familiar with the risks and plans in their regions. Accordingly, regions are encouraged to incorporate Tier 1 sites into their exercise programmes and/or actively seek involvement in annual Tier 1 site exercises. The principal aim of regional exercise programmes is to test regional contingency plans, and to maintain and develop individual and collective skills and knowledge gained during formal training. 5 Available on request from Maritime New Zealand. 20
  • Regional exercise programmes should also have regard to the three primary response roles of regions; Tier 2 response, transition from Tier 2 to Tier 3, and involvement in Tier 3 responses. Maritime New Zealand will undertake at least one major Tier 3 exercise every four years. Industry (shipping & oil companies) and regional councils will be invited to participate in the planning and conduct of these national exercises. International involvement and assistance may also be sought from national marine oil spill response agencies, spill response organisations and consultants. Maritime New Zealand may reduce both regional and national exercise frequency in the event of significant incidents occurring, or when there has been substantial involvement in appropriate exercises conducted by other agencies. Cooperation in exercises, both amongst regions and between regions and Maritime New Zealand, enhances response preparedness by maintaining operational flexibility and the ability of regional teams to operate effectively across a range of Tier 2 and Tier 3 incidents. It is important to note that regional response teams and their equipment make up the bulk of our national response capability. In order to maintain that capability, regional personnel and individual specialists will from time to time be invited to participate in Tier 3 response training and in addition to programmed exercises. Contracts and Memoranda of Understanding Maritime New Zealand is the lead agency for marine oil spill response and its role is to co-ordinate the efforts and expertise found in public agencies or private sector companies. The most suitable formal recognition for each agency’s role and responsibilities is either by Memorandum of Understanding (MoU), commercial contract or agreement. A combination of these has been established, along with mutual arrangements for international assistance (see Appendix 6), which will be maintained and developed where appropriate. Funding and Compensation The Oil Pollution Levy The Oil Pollution Levy (OPL) is collected from the risk creating sectors of the maritime industry, as provided for under the Act, to maintain the Oil Pollution Fund (OPF). The fund provides financial support for New Zealand’s preparations for marine oil spill response through Maritime New Zealand, and pays the costs of responding to spills where the source is unidentified. The OPL is paid by shipping, fishing, oil exploration and oil production industries, at a rate proportional to the overall spill risk created by the various activities in which they are engaged. The formula takes into account various factors within each sector, such as vessel or facility size, cargo, type of fuel, volume of fuel, number of port visits, location and risk profile. Each financial year Maritime New Zealand produces a financial plan for expenditure from the OPF, which is referred to OPAC for agreement and recommendation for approval to the Minister of Transport. Once the Minister approves the planned expenditure, an audit is required for the previous year’s expenditure. The OPL is subject to a regular review process to guarantee an appropriate level of funding is always available. To establish the rate of the levy, the overall sum of levies required to ensure the fund becomes self sustaining over time is determined, so that the sum total of levies collected meets the annual cost of maintaining New Zealand’s marine oil spill preparedness and response capability defined in the Strategy. If needed during a response, emergency access to Crown funding has been arranged through the Ministry of Transport, the Domestic and External Security Secretariat and the Treasury. The Polluter Pays Principle Wherever possible the full, reasonable cost of any spill response and clean-up operation will be sought from the spiller. All efforts will be made at both the regional and national levels to ensure that costs are recovered. The Maritime Transport Act provides the statutory mechanisms for all reasonable response costs to be recovered from spillers by the regional councils or Maritime New Zealand. 21
  • In all cases, the OSC must keep strict and accurate records of the incident and a full account of all oil spill response costs. Financial Arrangements for Regional Councils The Act provides for regional council costs associated with oil spill response contingency planning to be met from the OPF. Every year each regional council will agree with Maritime New Zealand the sum to be included in that region’s Annual Plan to meet costs for marine oil pollution response preparation over the coming year. These annual budgets will be prepared in accordance with the Maritime New Zealand publication - Oil Spill Preparedness and Response, Guidelines for Regional Councils: Budget Planning and Preparation.6 The Maritime Transport Act also provides for regional councils to recover all of their legitimate marine oil spill response costs from either the spiller or the OPF, if necessary. Another Maritime New Zealand publication has been prepared to assist this process - Oil Spill Preparedness and Response, Guidelines for Regional Councils: Prosecution and Cost Recovery.6 Under section 444 of the Act, regional councils also have delegated authority to recover costs for approval, audit and inspection of Tier 1 sites and associated contingency plans directly from the industry concerned. Civil Liability and Compensation The Act provides mechanisms for the recovery of costs relating to response, environmental damage and economic loss. The provisions extend to civil liability and compensation for costs, loss (including economic) or damage due to marine oil spills or response operations. New Zealand is party to the 1992 International Convention on Civil Liability and Compensation (1992 CLC) and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992 Fund). The Maritime Transport Act 1994 and delegated legislation made under that Act gives effect to these international instruments in New Zealand law. The 1992 CLC creates a system of compulsory insurance for pollution damage for owners of tankers capable of carrying in excess of 2000 tonnes of persistent oil as cargo. The maximum liability is linked to the tonnage of the tanker. The 1992 Fund provides supplementary compensation to those that cannot obtain full compensation for oil pollution damage under the 1992 CLC. 1992 CLC allows for costs associated with humane intervention for wildlife to be recovered. The costs for Type 2 monitoring and environmental restoration might also be recoverable, but would be assessed on a ‘case-by-case’ basis and by prior agreement with the spiller or their insurers. For non-tanker vessels greater than 400GRT, New Zealand law requires evidence of insurance sufficient to meet owners' potential liability for pollution damage and response costs. Compliance Within the Territorial Sea, regional councils are responsible for compliance under the RMA. In the remainder of New Zealand marine waters and in certain circumstances within the 12 nautical mile limit, Maritime New Zealand ensures compliance under the Act. Both pieces of legislation have marine pollution offence provisions that will be used by the respective agencies to seek compliance with the relevant regulations and recover response costs. Enforcement Spillers can also be prosecuted under each piece of legislation by the relevant agency, and there is a degree of independence in their actions. Maritime New Zealand may choose to pursue prosecution of a Tier 2 spiller without the involvement of the regional council, and the reverse is equally true. Careful consideration must be given to the chances of a successful prosecution, as costs are potentially recoverable from the OPF rather than being borne by the organisation seeking the prosecution. The OPF must be protected from bearing the costs of prosecutions that have little chance of success. Regional councils must therefore consult with Maritime New Zealand at the earliest stage when considering prosecution of an alleged offender, to agree the merits of the case. If Maritime New 6 Available on request from Maritime New Zealand. 22
  • Zealand considers that the case is insufficient and recommends no further action to be taken, the regional council is still within its rights to pursue the spiller through the courts. However, if ultimately unsuccessful, any costs associated with the failed prosecution will not be recoverable from the OPF, and will be borne by the regional council. To assist regional councils, the National Plan contains various recommendations on the prosecution process, and more comprehensive guidelines can be found in the Maritime New Zealand publication - Oil Spill Preparedness and Response, Guidelines for Regional Councils: Prosecution and Cost Recovery.66 In certain circumstances the Minister of Conservation or Department of Conservation may also be able to prosecute (relevant legislation detailed in Appendix 5). Such action would be taken in consultation with Maritime New Zealand. International Response Arrangements A major spill in New Zealand waters will almost certainly require international assistance and co- operation. New Zealand may also be asked to assist other countries if they suffer a similar event. This reciprocal commitment will be reflected by whatever mutual aid agreements and memoranda of understanding are deemed appropriate, as well as by the international conventions to which New Zealand is a party (see Appendix 6). Assistance should be provided to other nations in accordance with these formal arrangements, and unless previous agreements exist, may be initiated through the Ministry of Foreign Affairs and Trade. The Director will consider requests for assistance outside New Zealand on a case-by-case basis, bearing in mind the requirement to maintain New Zealand’s response capability. New Zealand’s primary alliance is with Australia, through the MoU with the Australian Maritime Safety Authority, that provides for co-operation with exercises, training, response equipment and expertise. New Zealand is also a member of the South Pacific Regional Environment Programme, with regional obligations to Pacific Island nations under the Pacific Ocean Pollution Prevention Programme (PACPOL). Agreements with agencies and organisations in other countries are in some cases quite informal. Such agreements are progressively being reviewed and renewed on a more formal basis in order to provide a greater degree of certainty and commitment. Communication Maritime New Zealand recognises the importance of effective strategic communications during contingency planning and response. OSCs will be expected to seek specialist advice and support from their own communications teams or from Maritime New Zealand staff. Media interest during an oil spill response will be intense and therefore must be managed, rather than dealt with on an ad hoc basis. Representatives of the local community are likely to be involved in an advisory and consultative role during a response so it is expected that Maritime New Zealand will liaise closely with local government in identifying community leaders and the processes by which they will be kept fully informed. The partnership approach that underpins other areas of the response strategy also applies to media and community relations. During a Tier 3 response, the media and community relations team will be staffed by local government personnel from the affected area and possibly from outside the local area. Information Management Maritime New Zealand has established and will continue to maintain a national marine oil spill database. All reported marine oil spill incidents (or suspected incidents) will be recorded on this database using information provided by regional councils and other reporting agencies. 6 Available on request from Maritime New Zealand. 23
  • In addition, Maritime New Zealand will maintain a response resource database as part of the National Marine Oil Spill Contingency Plan. This will include all oil spill response equipment held by Maritime New Zealand and other agencies as appropriate, and all trained oil spill responders. Where appropriate, Maritime New Zealand will use and promote information technology to improve management of contingency plans and response activities (e.g., the establishment of a ‘live’ incident response website). In recognition of the requirement for Geospatial Information (GI) for both oil spills and search and rescue, the cross government approach for data sharing and data development will be further facilitated. This will enable a complete ‘information systems’ approach to be used throughout Maritime New Zealand, and in particular by the spill responders throughout the country. The purpose of such a system is to aid decisions both ‘on scene’ and within the DAT. Furthermore, the situational awareness at both sites should be improved to the point where real time data flows (of dynamic data) will superimpose over static data stored at each site. This should enhance the NOSC’s downward communication to working groups and the Director’s upward communication to the Minister in a Tier 3 situation. The ultimate benefit will be the communication between NOSC and the Director. The Rescue Co-ordination Centre New Zealand Maritime New Zealand now has responsibility for national search and rescue operations, which are administered from the facilities of the Rescue Co-ordination Centre New Zealand (RCCNZ). Though primarily focused on search and rescue activities, RCCNZ also undertakes some marine oil spill response functions. This includes being the first point of contact for oil spills (both actual and probable), the promulgation of this information to the appropriate authorities and the subsequent facilitation of communication with the vessels involved. Maritime Security Maritime New Zealand’s Maritime Security Team is responsible for the regulation of New Zealand's International Ship and Port Facility Security (ISPS) Code compliant ports and ships. The organisation has no immediate response capability function for security, so it aims to ensure that the operating environment for international maritime trade in New Zealand is secure against terrorist threats, and is achieved through a whole of government approach to securing New Zealand's borders from such activity. Response issues concerning access to secure port areas should be addressed at the contingency planning stage and detailed in Tier 2 plans. 24
  • APPENDICES Appendix 1 – Key Functions and Responsibilities of Industry Sectors include: oil exploration & production, shipping, use & storage of oil. Functions • To prevent operational oil spills during normal activities; • To develop and maintain oil spill contingency plans appropriate to their industry, location and risk profile, in accordance with the relevant Marine Protection Rule; • To be able to provide, at least, a minimum level of preparedness and response. Responsibilities • Develop, promote and practice an effective oil spill prevention philosophy among all those involved in handling oils; • Develop and maintain approved, site-specific oil spill contingency plans based on sound risk assessment, in accordance with the relevant Marine Protection Rules, including: o identifying locally sensitive environments; o identifying activities that present a risk of an oil spill; o nominating suitably qualified persons to act as the industry OSC; o liaising with the relevant authority in the development of the plan; o undertaking necessary audits; o developing and implementing appropriate Standard Operating Procedures; • Develop and maintain an operational response capacity to oil spills, as specified in the site marine oil spill contingency plan; • Ensure the safety of all personnel involved, as well as members of the public; • Be a party to the regional response effort as agreed to in any regional marine oil spill contingency plan; • Assist any regional or national OSC with the salvage, storage, disposal and recycling of recovered oil; • Assist any OSC as required with skills, resources and expertise. 25
  • Appendix 2 - Key Functions and Responsibilities of Regional Councils Functions • To implement the provisions of the regional Marine Oil Spill Contingency Plan within the internal waters and territorial sea of their region; • To prepare annual marine oil spill management business plans, covering plan administration, training, exercising, and equipment storage and maintenance, and submit these to Maritime New Zealand; • To approve, audit and monitor Tier 1 site marine oil spill contingency plans for shore-side oil transfer sites within their region, including the internal waters and territorial sea; • To prepare regional Tier 2 contingency plans; • To maintain Tier 2 planning and response capabilities. Responsibilities • Develop and maintain a regional Marine Oil Spill Contingency Plan in accordance with the Marine Protection Rule and guidelines issued by Maritime New Zealand; • Complete regional shoreline clean-up and assessment (SCAT) pre-spill segmentation of their coastline; • Identify and liaise with: o national agencies; o regional agencies, including adjacent regional councils; o district councils; o industry groups; o public and environmental groups; • Formally consult with both the Department of Conservation and regional Tangata Whenua in the development and review of their plan; • Identify sensitive environments and establish priorities for protection; • Develop and maintain a capacity to rescue and rehabilitate oiled wildlife in accordance with guidelines issued by the Maritime New Zealand; • Nominate and appoint suitably qualified persons to serve as ROSCs; • Establish a regional response team (e.g., from port companies, industry, councils); • In addition to responding to a Tier 2 marine oil spill, to bridge the gap when transitioning from Tier 2 to Tier 3; • Provide suitably trained, qualified and experienced response personnel for Tier 3 incidents as required; • Provide and co-ordinate a regular training programme for personnel with responsibilities for planning or response, in line with the national guidelines; • Test the plan by conducting regular exercises, in combination with other regions where appropriate; • Ensure the safety of all personnel involved in or associated with the oil spill response and clean- up by complying with the HSE Act; • Identify facilities for the storage, treatment or disposal of waste from an oil spill; • Monitor and enforce legislative provisions; • Store and maintain the marine oil spill response equipment provided by Maritime New Zealand in accordance with the terms and conditions of the regional marine oil spill equipment loan agreement. 26
  • Appendix 3 - Key Functions and Responsibilities of Maritime New Zealand Function To ensure New Zealand’s preparedness for, and ability to respond to, marine oil polluting spills (from section 431(1)(f) of the Maritime Transport Act). Responsibilities The Director shall: • Respond to a marine oil spill of any size, and monitor the progress of response activities during an incident; • Provide education on preventative measures; • Collect and administer funds for marine oil pollution measures; • Ensure adherence to responsibilities under international agreements to which New Zealand is a contracting party; • Implement standards and guidelines for: o site, vessel, offshore installation, and regional marine oil spill contingency plans; o oil spill response equipment acquisition, deployment, maintenance and operation; o appointment of suitably qualified persons to act as national and regional OSCs; o training of regional and national oil spill response personnel; o site, vessel, installation, regional and national oil spill response exercises; o oiled wildlife rescue, response and rehabilitation; • Maintain the National Marine Oil Spill Contingency Plan; • Maintain the ability to respond to all types and sizes of marine oil spills; • Co-ordinate with governments and agencies overseas in respect of international support to the National Marine Oil Spill Contingency Plan; • Maintain a team of appropriately trained oil spill response personnel; • Appoint suitably qualified and experienced persons to the position of NOSC; • Approve the appointment of suitably qualified and experienced persons to the position of regional OSC; • Maintain a capacity to rescue and rehabilitate oiled wildlife; • Maintain a national inventory of marine oil spill response equipment throughout New Zealand to be available for response to regional, national and international level marine oil spills; • Be able to provide support to a ROSC if required; • Maintain a national database of contacts and trained personnel; • Maintain a national database of marine oil spill incidents, collecting data in an appropriate format from regional councils and other monitoring agencies; • Develop a database on overseas incidents and how they are handled; • Maintain the New Zealand Marine Oil Spill Response Strategy; • Maintain an overview of the oil spill contingency plans, giving advice on matters relating to co- ordination and economy; • Liaise with regional councils and local industry groups to solicit their views and inform them of Maritime New Zealand activities; • Approve, audit and monitor regional Marine Oil Spill Contingency Plans • Approve, audit and monitor Marine Oil Spill Contingency Plans for offshore installations located beyond the 12-mile limit; • Approve, audit and monitor shipboard oil spill emergency plans required under the MARPOL convention; • Co-ordinate and conduct training on oil pollution prevention, control and response technology; • Chair and service OPAC; • Liaise with government departments to ensure their full participation in the aspects of response activities for which they have been designated; • Liaise between regional councils; • Research new technologies and ideas, and commission relevant research and experimentation; • Disseminate information relating to oil pollution prevention, control and response to interested parties; • Monitor and enforce legislative provisions; • Develop and implement standards for oil dispersant approval in consultation with industry and other agencies. 27
  • Appendix 4 - Key Functions and Responsibilities of the Oil Pollution Advisory Committee (OPAC) Functions • To provide advice to Maritime New Zealand on all matters associated with the New Zealand Marine Oil Spill Response Strategy; • To provide advice on the levying and use of the Oil Pollution Fund. The Committee may comprise: • The Director; and • Any other people appointed by the Minister of Transport who represent or have experience relating to: o the shipping industry; o the oil and gas exploration and production industry; o the oil refining and distribution industry; o operators of port facilities; o regional councils; o Maritime New Zealand; o Ministry of Transport; o Ministry for the Environment; o Department of Conservation; o Te Puni Kokiri; o the fishing industry. Responsibilities • Provide advice to Maritime New Zealand on the following (as defined in section 282 of the Act): o the New Zealand Marine Oil Spill Response Strategy; o the fixing and levying of Oil Pollution Levies; o the use of the New Zealand Oil Pollution Fund; o any other matters related to marine oil spills that the Minister of Transport or the Director specifies. Consultation Process OPAC meets formally twice per year (the frequency could change since this is not a statutory requirement), and will be kept informed of relevant issues pertaining to the Maritime New Zealand budget in the intervening months. Sub-committees of OPAC will also be formed as required, to advise on specific issues between meetings. Nature of OPAC Advice The Committee must be consulted on the range of issues detailed above, and their advice must be given serious consideration, but any recommendations offered are non-binding. The process should not be equated with negotiation, as there is no requirement that agreement or consensus must be reached. 28
  • Appendix 5 - Agencies with Statutory Roles and/or Responsibilities Notwithstanding the statutory functions of agencies listed below, the Minister for Transport remains the lead Minister for marine oil spill response activities, and Maritime New Zealand the lead agency. Biosecurity New Zealand • To make arrangements with Maritime New Zealand to allow the efficient transfer of oil response equipment, personnel and craft into New Zealand; • Provide advice to Maritime New Zealand on protocols for the management of oil spill equipment; • Provide advice to Maritime New Zealand on the marine biosecurity threats associated with affected vessels; and • Provide advice to Maritime New Zealand as required, on the biosecurity requirements of partner nations when transferring oil spill equipment, personnel and craft from New Zealand. Department of Conservation • To ensure that in the event of a marine oil spill emergency that the necessary consents and approvals needed for an effective response involving the conservation estate, flora and fauna, and particularly rare and endangered species are provided according to policy and, where these are not already in place, to do so without delay; • To be consulted about the approval or review of regional Marine Oil Spill Contingency Plans; • Act as a contractor to industry, regional councils and Maritime New Zealand with support for oil spill planning and response logistics, communications and personnel. • Under the Wildlife Act 1953, to authorise: o capture, handling, possession and transfer of protected wildlife; o holding of protected wildlife in captivity for the purpose of treatment and rehabilitation, and to license approved people and institutions to do so; o euthanasia of injured protected wildlife where necessary to avoid further suffering; and o liberation of protected wildlife after rehabilitation. • Under the Conservation Act 1987, National Parks Act 1980, the Marine Reserves Act 1971, and the Wildlife Act 1953, to authorise: o as owner or occupier of land where entry is restricted, access by OSCs or their staff or agents, where needed for the effective control or mitigation of marine oil spills; o the capture and euthanasia, where necessary of and fauna found within these classes of land; o the removal or disturbance of vegetation, gravel, sand and the like in the course of clean-up operations, or for a more effective response to a marine oil spill emergency. • Under the Marine Mammals Protection Act 1978, to authorise: o the capture and marking of injured marine mammals, and their euthanasia, where necessary, to avoid further suffering due to the effects of a marine oil spill. Department of Labour • To second the Chief Petroleum Inspector to Maritime New Zealand, in order to assess the safety requirements for offshore installations and structures where this falls within Maritime New Zealand's jurisdiction under the HSE Act. Department of the Prime Minister and Cabinet • To provide a co-ordination role between departments and to ensure the highest operational effectiveness of government, for significant oil spills; • Provide access to the Domestic and External Security Co-ordination System, if needed for a whole of government approach; • Maintain a watching brief on inter-departmental activity during the response to an oil spill. Ministry for Economic Development – Crown Minerals • To advise new petroleum explorers and developers of the requirement for oil spill contingency planning and discharge management, and refer them to Maritime New Zealand. 29
  • Ministry for the Environment • To advise Maritime New Zealand and regional councils on international and national environmental policies and standards that are relevant to oil spill preparedness and response, including the management of waste residues; • Assist Maritime New Zealand to identify and meet an efficient and pragmatic level of oil spill preparedness and response that is balanced reasonably against public and government expectations; • Assist Maritime New Zealand, as appropriate, by promoting a whole of government approach to marine oil spill prevention, preparedness and response. Ministry of Civil Defence and Emergency Management • To liaise with, and support the activities of, Maritime New Zealand; • Provide overarching emergency management policy advice to Government; • Manage large scale emergencies that are beyond the capacity of other agencies (i.e. in the event of a declaration under the Civil Defence Act 1983); • Manage disaster recovery activities (under part 2 of the National Civil Defence Plan – Recovery Plan: Natural Disasters and Emergencies Within New Zealand). Ministry of Fisheries • To maintain a watching brief on the effects of oil spills on marine life; • Advise Maritime New Zealand on the potential effects of Tier 3 response operations on coastal and inshore fisheries; • Advise regional councils on the potential effects of Tier 2 response operations on coastal and inshore fisheries. Ministry of Foreign Affairs and Trade • To ensure New Zealand is a party to international agreements which enhance our ability to respond effectively to marine oil spills; • Advise Maritime New Zealand of requirements for New Zealand to meet its international responsibilities and international arrangements in the event of a marine oil spill. Ministry of Health • To promote and protect public health in the event of a marine oil spill; • To act as an enforcement agency under the Hazardous Substances and New Organisms Act 1996 for any risks to public health; • Provide public health advice and assistance through the Ministry’s designated officers in public health services of the district health boards under the Health Act 1956. Ministry of Transport • To be the Government’s principal adviser on transport policy. It is responsible for monitoring the transport sector; developing policy advice for the Government; developing and administering legislation, rules and regulations; and a number of administrative systems. • To manage the output agreement between the Government and Maritime New Zealand which requires that Maritime New Zealand have and maintain a marine oil spill response capability as specified in the New Zealand Marine Oil Spill Response Strategy and National Marine Oil Spill Contingency Plan; • Advise the Minister of Transport on all issues related to the preparedness for and response to marine oil spills in New Zealand; • Provide assistance to Maritime New Zealand during a Tier 3 marine oil spill response by facilitating a flow of information to and from relevant Ministers; • Provide liaison with the Oil Pollution Advisory Committee. New Zealand Customs Department • To make arrangements with Maritime New Zealand to allow the transfer of equipment and personnel in and out of New Zealand; • Ensure procedures are in place to enable New Zealand to meet its international agreements; • Collect Oil Pollution Levies from foreign tankers and other ships. New Zealand Defence Force • To provide surveillance, observation and monitoring of shipping and maritime activities and verification and reporting of maritime pollution incidents; 30
  • • Assist with logistics associated with treatment, clean-up and disposal activities beyond the capacity of commercial enterprises. New Zealand Fire Service Subject to the consent in each case of the Fire Region Commander: • To provide appropriate support for oil spill response operations; • Provide logistic support to oil spill operations as contracted by responsible authorities under their contingency plans. New Zealand Immigration Services • To make arrangements with Maritime New Zealand to allow the entry of personnel to New Zealand to work on the spill response; • Ensure procedures are in place to enable New Zealand to meet its international agreements. New Zealand Police • Provide for crowd control, evacuation and support of regulatory activities in the event of an oil spill; • Provide information to the OSC during oil spill response operations; • Ensure proper consultation is carried out with the appropriate authority where there is the possibility of any criminal liability resulting from an oil spill, particularly where death or injury to any person(s) is involved, and to determine with this authority the responsibilities for subsequent investigations and decisions to prosecute; • A member of the Police may act as a temporary on-scene commander for a marine oil spill response as required (in the event that a regional or national on-scene commander is not immediately available). Te Puni Kokiri • At the national level to identify Maori concerns in marine oil spill preparedness and response measures; • Bring to the attention of Maritime New Zealand Maori concerns in marine oil spill response measures; • Provide regional councils with local Tangata Whenua contacts to assist with issues associated with cultural resources for planning and response at Tiers 1 and 2, and to assist Maritime New Zealand for Tier 3. 31
  • Appendix 6 – International Agreements Status In relation to marine oil pollution, the Maritime Transport Act covers prevention and control of oil pollution, pollution from shipping casualties, civil liability for pollution damage, and compensation and funding. The Maritime Transport Act contains provisions that presently give effect to the following international conventions: • International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 (Intervention); • The 1992 Protocol to the International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC); • Convention for the Protection of the Natural Resources and Environment of the South Pacific Region and related protocols (South Pacific Regional Environment Programme - SPREP 1986); • International Convention on Prevention of Pollution from Ships 1973 and its 1978 Protocol (MARPOL); • The 1992 Protocol to the International Convention on Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (Fund) • International Convention on Oil Spill Preparedness, Response and Co-operation 1990 (OPRC 90). Other International Arrangements Reciprocal arrangements are in place with governments of other nations, for access to equipment and personnel in the event of a major oil spill. Maritime New Zealand has a memorandum of understanding for mutual assistance with the Australian Maritime Safety Authority. Through this, Maritime NZ gains access to the equipment, personnel and expertise of both government and private sector (oil industry) response capability throughout Australia. There are also obligations to nations or regions with administrative ties to New Zealand, including Tokelau and Niue, and an arrangement is currently being negotiated with government agencies in New Caledonia. Antarctica New Zealand is party to the Environmental Protocol to the Antarctic Treaty, which sets out the nation’s obligations for oil spill contingency planning in section 12 and establishes levels of liability in the recently adopted Liability Annex. The Protocol has been enacted in New Zealand law by means of the Antarctica (Environmental Protection) Act 1994, which allows for the Governor-General to extend provisions of the Maritime Transport Act into the Antarctic region under section 54. Generally, the nation’s Antarctic responsibilities are administered by both the Ministry of Foreign Affairs and Trade and Antarctica New Zealand. Maritime New Zealand has been and will continue to be active in assisting Antarctica New Zealand with appropriate technical advice in developing a regional contingency plan. Voluntary Industry Agreements • Equipment arrangements with the Australian Marine Oil Spill Centre (AMOSC) and East Asia Response Ltd (EARL); • Equipment arrangements with Oil Spill Response Ltd (OSRL) in the United Kingdom. 32
  • Appendix 7 – Jurisdictions and Responsibilities Under the Local Government Act 1974 or navigation bylaws, a Harbourmaster may issue instruction in the interests of navigation safety within their jurisdiction. This power may be relevant in the event of a marine oil spill. Amongst other things, the Harbourmaster can regulate the movement of any ship and how it takes on or discharges cargo. The Harbourmaster can also require the owner to remove a ship or a wreck where it is a hazard to navigation. It is not explicitly clear from the provisions of the Act whether instructions given by an OSC prevail over a Harbourmaster’s directions. However, it can be inferred from the wide scope of powers given to an OSC, that an OSC’s powers take precedence of those of a Harbourmaster. The OSC may not issue instructions that conflict with those given by the Director, who has extensive powers in a marine oil spill response in relation to hazardous ships, structures and operations. These powers, which are set out in sections 248 and 249 of the Act, allow the Director to take a wide range of measures if they are considered necessary to avoid, reduce, or remedy pollution, or a significant risk of pollution. The Director’s instructions will prevail over any conflicting instructions given by a Harbourmaster. The Civil Defence Emergency Management Act 2002 (CDEM Act) authorises the Mayor of a relevant local authority to declare a state of local emergency, and requires the Civil Defence Emergency Management Group (CDEM Group) to appoint at least one other person to be authorised to make such a declaration. The Minister of Civil Defence may also declare that a state of national emergency exists over the whole of New Zealand or any areas or districts if an emergency appears to be outside the response capabilities of the CDEM Group. It appears from the broad definition of ‘emergency’ in the CDEM Act that a state of emergency could be declared in the event of a major actual or potential oil spill. When a state of emergency is in force in the area the CDEM Group may, among other things, “carry out or require the removing or disposing of, or securing or otherwise making safe, dangerous structures and materials wherever they may be”, or “prohibit or regulate water traffic to the extent necessary to conduct civil defence management”. Sections 254 and 312 of the Act prohibit an OSC and the Director from issuing instructions that conflict with the exercise of a power by a person acting under the authority of the CDEM Act. Notwithstanding the above, section 5A(d) of the Act clearly identifies that the Minister of Transport has responsibility for marine oil spill preparedness and response. Any problems arising from potentially overlapping authorities would be mitigated through the Co- ordinated Incident Management System (CIMS) detailed in section 5.7. This provides for different agencies to carry out their statutory functions simultaneously under a common command structure during a response. In the event of a marine oil spill in waters around an island beyond the jurisdiction of a regional authority (such as the sub-Antartic or Kermadec groups) any response is automatically treated as a Tier 3. On these islands, the Minister for Conservation assumes some functions of a regional council under the RMA and is responsible for coastal planning. However, oil spill contingency planning and response falls directly to Maritime New Zealand. The Minister for Conservation may become involved in consultation if a spill threatens a significant area, but overall authority remains with the NOSC under the Act. The Minister for Conservation does retain authority over certain elements of wildlife response, and these statutory functions are detailed in Appendix 5. An effective partnership between Maritime New Zealand and the Department of Conservation is therefore crucial to the successful application of the Strategy to offshore islands. Salvage The salvor must comply with the hierarchy of directions possible under New Zealand legislation as outlined throughout the Strategy. In addition to this, the salvor also has duties and responsibilities to the owner under international law, as set out in the Salvage Convention 1989, to carry out the salvage operation with due care and to minimise damage to the environment. The Salvage Convention is incorporated into New Zealand law in schedule 6 of the Act. Article 11 requires a State Party, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors, to take into account the need for co-operation between salvors, other interested parties and public authorities. This obligation is in order to ensure the efficient and successful performance of salvage 33
  • operations for the purpose of saving life or property in danger, as well as preventing damage to the environment in general. 34
  • Appendix 8 – Relationship with the New Zealand Transport Strategy The New Zealand Transport Strategy (NZTS) sets out the government’s vision for transport as: By 2010 New Zealand will have an affordable, integrated, safe, responsive and sustainable transport system. The 5 objectives of the NZTS provide the structure for implementation of the NZTS: • Assisting economic development • Assisting safety and personal security • Improving access and mobility • Protecting and promoting public health • Ensuring environmental sustainability. The New Zealand Marine Oil Spill Strategy contributes most clearly to the objective of ensuring environmental sustainability. Should an incident occur, the Strategy provides the means by which to mitigate, reduce or avoid harmful effects on the marine environment resulting from oil spills, thereby contributing to the sustainability of the transport activity and the marine environment. The Strategy also contributes to the other NZTS objectives. Responses will be carried out in such a manner as to not unnecessarily constrain the continuation of economic activity and of access and mobility for both community and business throughout the incident. Safety, security and public health are assured both throughout the response and as a result of the response reducing the risk that pollutants pose to the health of the community. Underpinning the NZTS are four principles that guide the making of transport policy at a high level: • Sustainability – policy that enhances economic, social and environmental well-being, that promotes resilience and flexibility and that takes account of the needs of future generations whilst being guided by medium and long-term costs and benefits. • Integration - policy that encourages co-operation and collaboration between stakeholders across all transport modes. • Safety - policy that ensures high standards of health, safety and personal security. • Responsiveness - policy which fosters the government’s goals for partnerships at all levels. In summary these principles are about inclusiveness, consultation and awareness of the impacts of the Strategy on communities, individuals and interest groups. The Strategy has taken account of these principles throughout its development, as is demonstrated by the level and nature of the consultation carried out during the review process. 35
  • ACRONYMS AMOSC Australian Marine Oil Spill Centre CIMS Coordinated Incident Management System CLC 1992 International Convention on Civil Liability & Compensation DAT Director’s Advisory Team EARL East Asia Response Ltd EEZ Exclusive Economic Zone GIS Geospatial Information HSE 1992 Health & Safety in Employment Act ICC Incident Command Centre ICS Incident Command System ISPS International Ship & Port Facility Security Code MARPOL 73/78 International Convention on Prevention of Pollution from Ships 1973, and its 1978 Protocol MOSRRG Marine Oil Spill Response Review Group MOU Memorandum of Understanding MPR Marine Protection Rules NEBA Net Environmental Benefit Assessment NOSC National On-scene Commander OCGI Officials Committee for Geospatial Information OPAC Oil Pollution Advisory Committee OPF Oil Pollution Fund OPRC 1990 International Convention on Oil Preparedness, Response and Co- operation OSC On-scene Commander OSDO Oil Spill Duty Officer OSIMS Oil Spill Information Management System OSRL Oil Spill Response Ltd PACPOL Pacific Ocean Pollution Prevention Program PIEAC Petroleum Industry Emergency Action Committee RCCNZ Rescue Coordination Centre of New Zealand ROSC Regional On-scene Commander RMA 1991 Resource Management Act SCAT Shoreline Clean-up Assessment Team SOPEP Shipboard Oil Pollution Emergency Plan SPREP South Pacific Regional Environment Program 1996 36
  • GLOSSARY OF TERMS (the) Act The Maritime Transport Act 1994. Baseline of the territorial sea Is the low water mark along the coast of New Zealand, including the coast of all islands, except where, in the case of the sea adjacent to a bay, the baseline will be a straight line or series of straight lines across the bay, where the entrance to that bay exceeds 24 nautical miles (refer to sections 5 and 6 of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977). Bioremediation The process of using living organisms to break down the molecular structure of oil into less complex substances that are not hazardous or regulated. This is often undertaken by introducing large numbers of hydrocarbon-eating microbes to a contaminated site. Nutrients are often added to speed up the organisms’ digestion of the oil, and reproduction. Chemical dispersant A chemical formulation containing non-ionic surface active agents that lower the surface tension between oil and water, and enable oil film to break up more easily and disperse within the water with natural or mechanical agitation. Clean-up See Oil Spill Response. Continental shelf The sea bed and subsoil of those submarine areas that extend beyond the territorial limits of New Zealand, throughout the natural prolongation of the landed territory of New Zealand, to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baseline from which the breadth of the territorial sea is measured (as described in sections 5, 6 and 6A of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977) where the outer edge of the continental margin does not extend to that distance. Continental waters See New Zealand continental waters. Contingency Plan A plan for action prepared in anticipation of an incident. In this case the contingency is for an oil spill incident. The contingency plan prepared for a site or region usually consists of guidelines and operating instructions intended to increase the efficiency and effectiveness of clean-up operations and to protect areas of biological, social and economic importance. (the) Director The Director of Maritime New Zealand. Discharge Management Plan Developed by owners/operators of offshore installations as a requirement of Marine Protection Rules. It is a form of environmental management plan that applies specifically to the control and management of discharges of harmful substances (including oil) from offshore installations to the marine environment. This includes emergency response procedures, which are the equivalent of a site Marine Oil Spill Contingency Plan for the purposes of Part 23 of the Act. Domestic and External Security Secretariat (DESS) A formal responsibility of the New Zealand Department of Prime Minister and Cabinet. Duty Manager A rostered staff position within Maritime New Zealand offering 24hr contact for maritime incidents and emergencies. Note: the Rescue Coordination Centre New Zealand also has a separate Duty Manager, to whom initial oil spill reports to Maritime New Zealand should be made. 37
  • Exclusive Economic Zone (EEZ) All marine waters from the outer edge of the Territorial Sea (12 nautical miles) seaward for 188 nautical miles until the 200 nautical mile limit (refer to section 9 of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977). Incident Controller A generic term referring to the person responsible for implementing the site, installation or shipboard marine oil spill contingency plan at a Tier 1 level. (See also On-scene Commander). Internal waters of New Zealand Includes any areas of the sea that are on the landward side of the baseline of the territorial sea of New Zealand (refer to section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977). Hazardous ship A ship that is in the internal waters of New Zealand or New Zealand continental waters and, as a result of a shipping casualty or acts related to such a casualty, is discharging, or is likely to discharge, a harmful substance into the internal waters of New Zealand or New Zealand continental waters or the seabed below them. Major spill A large-scale oil spill for which the timing and location will be impossible to predict and which will have severe environmental consequences. The overall response to such a spill is likely to be beyond New Zealand's domestic capability and international assistance may be needed. Marine interests The interests that are related to, or affected by, the marine environment, including maritime, coastal, port, or estuarine activities (including fisheries activities constituting an essential means of livelihood of the persons concerned), tourist attractions, public health and welfare, and the conservation of living marine resources and wildlife. Marine oil spill The actual or probable release, discharge, or escape of oil into the internal waters of New Zealand or New Zealand marine waters (refer section 281 of the Act). Marine Oil Spill Response Review Group (MOSRRG) A group of experts as a formally constituted subcommittee of the Oil Pollution Advisory Committee. Its role is to review responses to significant marine oil spills and advise on improvements that could be made to any aspect of the New Zealand Marine Oil Spill Response Strategy, including the National Plan arrangements, regional plans and Tier 1 plans. Marine protection rules The rules made by the Minister of Transport or the Director under Part XXVII of the Act. Marine waters See New Zealand marine waters. Maritime New Zealand The Authority, established originally as the Maritime Safety Authority under the Act as a body corporate, owned by the Crown with perpetual succession. It is responsible for providing effective marine pollution prevention and an effective marine oil pollution response system. National Marine Oil Spill Contingency Plan The marine oil spill response plan produced by the Director, and sometimes referred to as the National Plan. National On-Scene Commander See On-Scene Commander. 38
  • Net Environmental Benefit A process of weighing the advantages and disadvantages of taking a particular course of action (such as dispersant spraying), including recognising the likely outcomes if the course of action is not taken (the impact of doing nothing). The result will determine if there will be a net (overall) beneficial or detrimental outcome of taking the action. New Zealand continental waters Includes New Zealand marine waters and those waters beyond the outer limit of the exclusive economic zone of New Zealand but over the continental shelf of New Zealand. New Zealand marine waters Includes the territorial sea of New Zealand and the waters of the exclusive economic zone of New Zealand. Offshore installation Includes any artificial structure (including a floating structure, other than a ship) used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral. Offshore installation site Marine Oil Spill Contingency Plan Any site plan prepared under Marine Protection Rules for any offshore installation which specifies the emergency response measures to be taken in respect of a marine oil spill. Sometimes referred to as an Installation Plan. Oil Any petroleum in any form including crude oil, fuel oil, sludge, oil refuse, and refined products (other than petrochemicals). Oil industry Explorers for, and producers, refiners and marketers of oil, plus associated carriers and service contractors. Oil Pollution Advisory Committee (OPAC) See Appendix 4. Oil Pollution Fund A statutory fund that receives its income from the Oil Pollution Levy. It is used to provide money for New Zealand’s preparations for oil spill response and to meet the costs of clean-up where no spiller can be found to meet the costs. Oil Pollution Levy A differential levy imposed on all vessels carrying oil as either cargo (tankers) or as fuel, according to a formula based on the risk of an oil spill from their particular operation. Offshore installations also pay a set levy based on an assessment of their contribution to the overall risk. Oil spill Any actual or probable release, discharge, or escape of oil. Oil Spill Duty Officer (OSDO) A rostered staff position within Maritime New Zealand providing a 24-hour contact and liaison for marine oil spills within the National Marine Oil Spill Contingency Plan. Oil spill response Actions taken to confirm the presence of an oil spill, stop its flow from the source, contain it, collect it, protect areas from damage by it, mitigate its effects on the environment, and clean up wildlife and areas contaminated by it. 39
  • On-scene commander (OSC) The person responsible for the control and management of the marine oil spill clean-up at Tier 2 or Tier 3. A regional on-scene commander (ROSC) is appointed by the relevant regional council (Tier 2), and the national on-scene commander (NOSC) is appointed by the Director (Tier 3). Oil transfer site Includes any land, site, building, structure or facility (whether on land or above the sea) that is used to transfer oil, or at or from which oil is transferred, to, or from, a ship or offshore installation (refer to section 281 of the Act). Note: Facility is considered here to include mobile transfer sites such as vehicles. Persistent oil Oils and petroleum products such as crude oils, fuel oils and lubrication oils that, when spilt, remain after weathering in a residual form in the environment for an appreciable period. Place of refuge A place where a vessel can safely anchor or berth to enable measures to be taken to forestall or minimise the effects of damage (e.g., to minimise the leakage of oil). Also known as a ‘safe haven’. Prevention of a marine oil spill Any action taken during the normal operation of a ship, offshore installation, pipeline, or oil transfer site to lower the likelihood of a marine oil spill occurring. Regional Councils All the regional councils, plus those unitary authorities (District Councils) with the powers and functions of a regional council. They are: Northland Regional Council, Auckland Regional Council, Environment Waikato, Environment Bay of Plenty, Gisborne District Council, Hawke’s Bay Regional Council, Horizons (Manawatu-Wanganui Regional Council), Taranaki Regional Council, Wellington Regional Council, Marlborough District Council, Tasman District Council, West Coast Regional Council, Nelson City Council, Southland Regional Council, Canterbury Regional Council, Otago Regional Council, Chatham Islands Council. Regional Marine Oil Spill Contingency Plan A marine oil spill contingency plan prepared by a Regional Council and approved by the Director under section 292 of the Act 1994. It is sometimes referred to as a Regional Plan. Rescue Co-ordination Centre New Zealand (RCCNZ) National service centre operated by Maritime New Zealand, which provides a 24-hour alert for maritime incidents and accidents, including oil spills, search and rescue, at sea collisions, etc. Response escalation criteria The factors and issues to be taken into account when determining whether or not it is appropriate for a lower tiered incident to be declared to be and managed as a higher tiered response (i.e., local Tier 1, to regional Tier 2, or national Tier 3 response). Risk An index of values derived from assessment of possible oil spill scenarios, where the risk equates to the probability of a particular event occurring, multiplied by a value that represents the magnitude of the impact that the event would create. Risk = Probability x Consequences Safe haven See ‘place of refuge’. Shipboard Oil Pollution Emergency Plan (SOPEP) A plan prepared under Marine Protection Rules which implements the MARPOL 73/78 requirements, to specify the measures to be taken in respect of an oil spill from the ship. Sometimes referred to as a shipboard plan or SOPEP. Site Marine Oil Spill Contingency Plan A plan prepared under Marine Protection Rules for any oil transfer site or pipeline which specifies the measures to be taken in respect of a marine oil spill. Sometimes referred to as a Site Plan. 40
  • Small local oil spill A spill of such size and effect, and in such a location, that the spiller (Tier 1 site or ship), or regional council (Tier 2) is able to adequately respond to it within its own capability. Territorial Sea The territorial sea of New Zealand comprises those areas of the sea having, as their inner limits, the baseline described in sections 5, 6, and 6A of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 and, as their outer limits, a line measured seaward from that baseline, every point of which line is distant 12 nautical miles from the nearest point of the baseline. Threat The possible impact or consequences that a spill of oil could create if allowed to come into contact with a biological, social or economic resource. Tier 1 Site-specific, and includes most shore-side industry with oil transfer sites, offshore installations and all vessels from which a spill of oil is possible. All Tier 1 sites and most larger commercial ships (which meet MARPOL 73/78 requirements) are expected to plan for and be able to provide a clearly identifiable first response to pollution incidents for which they are responsible. See also Site Marine Oil Spill Contingency Plans, Shipboard Oil Pollution Emergency Plans and Appendix 1. Tier 2 Regional councils, which are expected to plan for and respond to marine oil spills within their part of the Territorial Sea (12 nautical miles) where the spills exceed the clean-up capability of Tier 1, or for which no responsible party can be identified. See also Appendix 2. Tier 3 Maritime New Zealand, which manages the National Marine Oil Spill Contingency Plan for spills within a region which are beyond the resources of the region, or which occur within the EEZ but outside regional council boundaries. See also Appendix 3. 41