Part 3B
Concessions

  • Part 3B: inserted, on 1 July 1996, by section 7(1) of the of the Conservation Amendment Act 1996 (1996 No 1).

17O Application
  • (1) This Part applies to every conservation area.

    (2) Except as provided in subsection (3) or subsection (4), no activity shall be carried out in a conservation area unless authorised by a concession.

    (3) A concession is not required in respect of—

    • (a) any mining activity authorised under the Crown Minerals Act 1991 (including the transitional provisions of that Act); or

    • (b) any activity that is otherwise authorised by or under this Act or any Act specified in Schedule 1; or

    • (c) any action or event necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; or

    • (d) any activity that is carried out by the Minister or Director-General in the exercise of his or her functions, duties, or powers under this Act or any other Act.

    (4) An individual or organised group undertaking any recreational activity, whether for the benefit of the individual or members (individually or collectively) of the group, does not require a concession if the individual or group is undertaking the activity without any specific gain or reward for that activity, whether pecuniary or otherwise.

    (5) A group of the kind to which subsection (4) applies may impose on its members a reasonable charge in order to recover the reasonable expenses in organising the recreational activity.

    (6) Subsection (3)(b) shall not apply to any sports fishing guide or game hunting guide who conducts any activity in a conservation area.

    (7) This Part is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a conservation area as a result of a declaration under section 8(1) of that Act.

    Section 17O: inserted, on 1 July 1996, by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).

    Section 17O(7): added, on 21 October 2000, by section 22 of the Forests (West Coast Accord) Act 2000 (2000 No 45).