125 Lapsing of consents

(1)

A resource consent lapses on the date specified in the consent or, if no date is specified,—

(a)

5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or

(b)

3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area.

(1A)

However, a consent does not lapse under subsection (1) if, before the consent lapses,—

(a)

the consent is given effect to; or

(b)

an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—

(i)

whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and

(ii)

whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and

(iii)

the effect of the extension on the policies and objectives of any plan or proposed plan.

(1B)

Sections 357A and 357C to 358 apply to subsection (1A)(b).

(2)

For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 223, but shall thereafter lapse if the survey plan is not deposited in accordance with section 224.

(3)

This section is subject to section 150G.

Section 125 heading: amended, on 7 July 1993, by section 71 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 125(1): replaced, on 1 October 2011, by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 125(1A): replaced, on 1 October 2011, by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 125(1B): inserted, on 1 October 2011, by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 125(2): inserted, on 7 July 1993, by section 71 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 125(3): inserted, on 19 March 2004, by section 4 of the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5).