Resource Management Act 1991

165K When applications not to be made or granted unless applicant holds authorisation

• (1) Subsection (2) applies to space in the coastal marine area if—

  • (a) the space is available space and a regional coastal plan does not provide for the allocation of the space by an alternative to an offer of authorisations; or

  • (b) the space has been identified by a regional council as space for allocation to the trustee under section 9(1) of the Maori Commercial Aquaculture Claims Settlement Act 2004.

  (2) A person must not apply for, and a consent authority must not grant, a coastal permit authorising occupation of the space or identified space (as the case may be) for aquaculture activities unless the person is the holder of an authorisation for the space.

  (3) Subsection (4) applies to space in a coastal marine area and the regional coastal plan provides for the allocation of authorisations of space by public tender or another method.

  (4) A person must not apply for, and a regional council must not grant, a coastal permit authorising occupation of the space for activities that are not aquaculture activities unless the person is a holder of an authorisation for the space.

  Section 165K: substituted, on 28 September 2008, by section 12 of the Resource Management Amendment Act 2008 (2008 No 95).