Submarine Cables and Pipelines Protection Order 1992

Transcription

1 Reprint as at (SR 1992/246) : revoked, on 9 April 2009, by clause 5 of the Protection Order 2009 (SR 2009/41). PURSUANT to the Protection Act 1966, Her Excellency the Governor General, acting by and with the advice and consent of the Executive Council, hereby makes the following order. Contents Page 1 Title and commencement 2 2 Interpretation 2 2A Protected areas 2 3 Restricted area 4 4 Revocations 4 Schedule 1 4 Protected Areas Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint. A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint. This order is administered in the Ministry of Transport. 1

2 cl 1 Reprinted as at Schedule 2 7 Restricted Area Area 10 Maui A and Maui B Pipelines Schedule 3 7 Regulations revoked 1 Title and commencement (1) This order may be cited as the. (2) This order shall come into force on the 2nd day of October Interpretation (1) In this order, fishing vessel means any vessel that is capable of being used for fishing. (2) Positions stated in this order are expressed in terms of the co ordinates used in the New Zealand Geodetic Datum Clause 2 was substituted, and clause 2A was inserted, as from 23 September 1999, by clause 2 Protection Amendment Order 1999 (SR 1999/279). 2A Protected areas (1) The areas within the territorial sea or internal waters of New Zealand described in Schedule 1 are protected areas for the purposes of the Protection Act 1996 in respect of all ships. (2) Subclause (1) does not apply to ships that are being used for research carried out by or for the Ministry of Fisheries, as long as the research is carried out without directly or indirectly attaching any of the ships involved to the seabed, whether by anchoring or by any other means. (3) In the area described in Schedule 1 under the heading Area 7 Cook Strait, subclause (1) does not apply to fishing vessels that are being used for setting or lifting nets or rock lobster pots, or for paua or kina fishing, as long as those activities are carried out (a) During the hours of daylight; and 2

3 Reprinted as at cl 2A (b) (c) Without directly or indirectly attaching any of the vessels involved to the seabed, whether by anchoring or by any other means; and Either (i) (ii) Within 200 metres of the low water mark of the North Island, other than the line of low water mark between the notice board placed at a position in latitude S, longitude E and the notice board placed at a position in latitude S, longitude E; or Within 200 metres of the low water mark of the South Island, other than the line of low water mark between the notice board placed at a position in latitude S, longitude E and the notice board placed at a position in latitude S, longitude E. (4) Subclause (1) does not apply to ships that are being used for laying, monitoring, maintaining, or repairing submarine cables, or for undertaking other operational activities in respect of submarine cables, if any of those activities are carried out (a) By or for Transpower New Zealand Limited in the area described in Schedule 1 under the heading Area 7 Cook Strait; or (b) By or for Telecom New Zealand Limited or Southern Cross Cables Limited in any of the areas described in Schedule 1 under the following headings: (i) Area 2 Hauraki Gulf: (ii) Area 5 Muriwai Beach. (5) In the area described in Schedule 1 under the heading Area 8 Oaonui, subclause (1) does not apply to any of the following: (a) Ships that are being used for constructing, repairing, maintaining, or servicing Maui gas field off shore platforms, submarine pipelines, and associated off shore facilities: 3

4 cl 3 Reprinted as at (b) Fishing vessels that are being used for setting or lifting nets or rock lobster pots, or for paua or kina fishing, as long as those activities are carried out (i) (ii) (iii) During the hours of daylight; and Without directly or indirectly attaching any of the vessels involved to the seabed, whether by anchoring or by any other means; and Within 2 miles of the low water mark of the North Island. Clause 2 was substituted, and clause 2A was inserted, as from 23 September 1999, by clause 2 Protection Amendment Order 1999 (SR 1999/279). 3 Restricted area The area within the exclusive economic zone of New Zealand described in Schedule 2 to this order is hereby declared to be a restricted area for the purposes of the Submarine Cables and Pipelines Protection Act 1966 in respect of all New Zealand ships except ships engaged in the construction, repair, maintenance, or servicing of the Maui gas field off shore platforms, submarine pipelines, and associated off shore facilities. 4 Revocations The regulations specified in Schedule 3 to these regulations are hereby revoked. Schedule 1 Cl 2A Protected Areas The heading to Schedule 1 was amended, as from 23 September 1999, by clause 3(a) Protection Amendment Order 1999 (SR 1999/279) by substituting the expression Schedule 1 for the expression First Schedule. It was further amended by clause 3(b) of that Order by substituting the expression Cl 2A for the expression Cl 2.. Area 1 Great Barrier Island All that area bounded by straight lines commencing at the low water mark in position 36 degrees 13.05S, 175 degrees 29.20E to position 36 degrees 12.00S, 175 degrees 33.30E, then to position 36 degrees 4

5 Reprinted as at Schedule S, 175 degrees 33.30E, then to the low water mark in position 36 degrees 13.86S, 175 degrees 28.71E, and then by the line of low water to the position of commencement. Area 2 Hauraki Gulf All that area bounded by straight lines commencing at the low water mark in position 36 degrees 46.82S, 174 degrees 46.66E, then to position 36 degrees 39.20S, 174 degrees 48.10E, then to position 36 degrees 36.50S, 174 degrees 56.70E, then to position 36 degrees 24.20S, 174 degrees 56.70E, then to position 36 degrees 19.90S, 174 degrees 56.40E, then to position 36 degrees 06.70S, 174 degrees 55.30E, then to position 35 degrees 52.50S, 174 degrees 55.80E, then to position 35 degrees 42.42S, 174 degrees 59.90E, then by the line of the outer limit of the Territorial Sea to position 35 degrees 42.17S, 175 degrees 07.20E, then by straight lines to position 35 degrees 53.40S, 175 degrees 02.00E, then to position 36 degrees 15.20S, 175 degrees 00.00E, then to position 36 degrees 37.70S, 175 degrees 00.00E, then to position 36 degrees 40.90S, 174 degrees 50.00E, then to position 36 degrees 47.00S, 174 degrees 48.00E, then to position 36 degrees 47.73S, 174 degrees 47.26E, then to the low water mark in position 36 degrees 47.45S, 174 degrees 46.68E, and then by the line of low water to the position of commencement. Area 3 Kawau Island All that area bounded by straight lines commencing at the low water mark in Goldsworthy Bay in position 36 degrees 26.39S, 174 degrees 45.82E, then to position 36 degrees 25.41S, 174 degrees 47.73E, then to the low water mark off Momona Point on Kawau Island in position 36 degrees 25.79S, 174 degrees 48.93E, then by the line of low water to Lady s Bay in position 36 degrees 26.15S, 174 degrees 49.12E, then by straight lines to position 36 degrees 26.26S, 174 degrees 46.68E, then to the low water mark in Scandretts Bay in position 36 degrees 26.51S, 174 degrees 46.36E, and then by the line of low water to the position of commencement. Area 4 Whangaparaoa Peninsula All that area bounded by straight lines commencing at the low water mark in position 36 degrees 36.86S, 174 degrees 50.38E, then to 5

6 Schedule 1 Reprinted as at position 36 degrees 37.11S, 174 degrees 51.35E, then to position 36 degrees 37.34S, 174 degrees degrees E, then to the low water mark in position 36 degrees 37.07S, 174 degrees 50.28E, then by the line of low water to the position of commencement. Area 5 Muriwai Beach All that area bounded by straight line commencing at the low water mark at Tirikohua Point in position 36 degrees 51.40S, 174 degrees 25.80E, to position 36 degrees 52.60S, 174 degrees 10.30E, then by the line of the outer limit of the Territorial Sea to a position 36 degrees 43.25S, 174 degrees 03.83E, then by a straight line to position 36 degrees 47.05S, 174 degrees 23.80E, then by the line of low water to the position of commencement. Area 6 Taharoa All that area bounded by straight lines commencing at the low water mark in position 38 degrees 10.81S, 174 degrees 42.32E, then to position 38 degrees 11.10S, 174 degrees 40.10E, then to position 38 degrees 10.30S, 174 degrees 39.80E, then to the low water mark in position 38 degrees 10.25S, 174 degrees 42.11E, then by the line of low water to the position of commencement. Area 7 Cook Strait All that area bounded by straight lines commencing at the low water mark at position 41 degrees 18.51S, 174 degrees 14.28E, then to position 41 degrees 16.81S, 174 degrees 32.97E, then to the low water mark in position 41 degrees 17.80S, 174 degrees 37.00E, then by the line of low water to position 41 degrees 19.23S, 174 degrees 37.93E, then by straight lines to position 41 degrees 20.50S, 174 degrees 35.10E then to position 41 degrees 22.20S, 174 degrees 14.60E, then to the low water mark in position 41 degrees 20.30S, 174 degrees 10.60E, then by the line of low water to the position of commencement. Area 8 Oaonui All that area bounded by straight lines commencing at low water mark in position 39 degrees 22.42S, 173 degrees 46.44E, then to position 39 degrees 29.25S, 173 degrees 33.00E, then by the line of 6

7 Reprinted as at Schedule 3 the outer limit of the Territorial Sea to position 39 degrees 31.77S, 173 degrees 34.78E, then by a straight line to position 39 degrees 25.80S, 173 degrees 49.00E, then by the line of low water to the position of commencement. Area 9 Hawke Bay All that area bounded by straight lines commencing at position 39 degrees 34.86S, 176 degrees 57.82E, then to position 39 degrees 34.76S, 176 degrees 57.78E, then to position 39 degrees 34.58S, 176 degrees 58.23E, then to position 39 degrees 34.70S, 176 degrees 58.28E, then to the position of commencement. Schedule 2 Restricted Area Area 10 Maui A and Maui B Pipelines All that area bounded by straight lines commencing at position 39 degrees 29.25S, 173 degrees 33.00E, then to position 39 degrees 32.78S, 173 degrees 25.99E, then to position 39 degrees 37.90S, 173 degrees 17.93E, then by the arc of the circle of 1.2 nautical miles radius centred in position 39 degrees 38.80S, 173 degrees 18.90E, to position 39 degrees 39.70S, 173 degrees 19.87E, then by straight lines to position 39 degrees 34.80S, 173 degrees 27.50E, then to position 39 degrees 31.77S, 173 degrees 34.78E, then by the line of the outer limit of the Territorial Sea to the position of commencement. Schedule 3 Regulations revoked Title Statutory Regulations Serial Number The Protection Order /40 7

8 Explanatory note Reprinted as at Title Statutory Regulations Serial Number The Protection Order 1979, Amendment No /93 The Protection Order 1979, Amendment No /245 The Protection Order 1979, Amendment No /183 The Protection Order 1979, Amendment No /77 The Protection Order 1979, Amendment No /210 The Protection Order 1979, Amendment No /254 MARIE SHROFF, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order, which comes into force on 2 October 1992, replaces the Protection Order The new order is substantially the same as that order, although the descriptions of many of the areas have been redrafted. The main difference is that under the new order 3 areas cease to be protected areas. These areas are Tiritiri Matangi Island, Mount Maunganui, and Waverley Beach. The areas listed in the Schedules are consequentially renumbered. Issued under the authority of the Acts and Regulations Publication Act

9 Reprinted as at Date of notification in Gazette: 3 September

10 Notes Reprinted as at Contents 1 General 2 About this eprint 3 List of amendments incorporated in this eprint (most recent first) Notes 1 General This is an eprint of the Protection Order It incorporates all the amendments to the order as at. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order. 2 About this eprint This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website. 3 List of amendments incorporated in this eprint (most recent first) Protection Order 2009 (SR 2009/41): clause 5 10