Discharge of harmful substances
Regulations cover what types of discharges are permitted, prohibited or subject to a marine discharge consent issued by the EPA.
Regulations cover what types of discharges are permitted, prohibited or subject to a marine discharge consent issued by the EPA.
Any discharge of harmful substances needs to comply with the Discharge and Dumping Regulations 2015.
Any drilling fluids or hazardous substances that are discharged to the marine environment require a discharge consent. This a non-notified process, but does require sufficient information about the properties of the hazardous substance for the EPA to assess the environmental impact.
The discharge of harmful substances in the Exclusive Economic Zone (EEZ) and Continental Shelf (CS) is regulated under the:
If you are an existing petroleum operator who has a discharge management plan (DMP) approved by Maritime New Zealand, some transitional provisions may apply to you. The following parts of your discharge management plan (DMP) will collectively be deemed as a marine discharge consent:
Your DMP will be treated as a deemed marine discharge consent for its remaining duration. Some of the Part 200 Marine Protection Rules (MPR) that applied to your DMP will become conditions of the deemed marine discharge consent. The EPA will monitor compliance with your deemed marine discharge consent and the associated conditions.
If you hold a deemed discharge consent and plan to make changes to the discharged harmful substances listed on your consent, you need to apply for a marine discharge consent. If you already hold a marine discharge consent, changes to harmful substances that are discharged can be made through a change of condition application. A description of the hazardous substance(s) that includes physical, chemical, toxic and ecotoxic properties will ensure timely processing of the application.
All offshore installations require an emergency spill response plan (ESRP) for spills of harmful substances. These are substances that are ecotoxic to aquatic organisms and hazardous for the purposes of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001. The ESRP excludes oil, which is covered under Maritime New Zealand's oil spill contingency plan.
The EPA has developed an expedited process to assess changes to the inventory of hazardous substances for approved Emergency Spill Response Plans (ESRP). Providing all the information requested on the ESRP Application Form for hazardous substances will ensure timely processing of these changes. If you need to make any changes to the contact details or personnel responsibilities contained with your ESRP, you must notify the EPA in writing and provide the updated information. This process can be completed by email.
Emergency Spill Response Plan (ESRP) application form (docx 365KB)
The Discharge and Dumping Regulations 2015 permit certain discharges of harmful substances, including oil, which otherwise are restricted by the EEZ Act. To be able to undertake a permitted discharge, you must comply with the conditions set out in the Discharge and Dumping Regulations 2015. The following discharges are permitted under the Regulations:
Any discharge of harmful substances needs to comply with the Discharge and Dumping Regulations 2015. Any drilling fluids or hazardous substances that are discharged to the marine environment require a discharge consent. Sufficient information about the properties of the hazardous substance are required for the EPA to assess the environmental impact.
The EEZ Act regulates the discharge of harmful substances into the EEZ and CS from structures, submarine pipelines and ships. Discharges may require a marine discharge consent. Prior to discharging or submitting a consent, contact the EEZ application team to discuss your activities.
Updated guidance documents reflecting the amendments to the EEZ Act will be available soon.
When lodging a marine discharge consent application with the EPA, you must:
Apply for a marine discharge consent
If you made changes to your list of harmful substances you will need to update your ESRP.
The Discharge and Dumping Regulations 2015 contain requirements for every offshore installation to record information on the following discharge activities:
Forms to assist you with meeting these record-keeping rules are available at the links below:
Down well discharge forms and oil record books must be provided to us within timeframes specified in the regulations.
Find out about the applications and permits that can be used in the EEZ.
Link to the Exclusive Economic Zone Act and Regulations.
For notified and non-notified activities in the EEZ and CS.
Contact the team to discuss your activities and application requirements in the EEZ.