Resource Management Act 1991

386 Existing rights and authorities under Water and Soil Conservation Act 1967

• (1) Except as provided in subsections (2) to (7),—

  • (a) every right—

    • (i) granted under section 21(3) of the Water and Soil Conservation Act 1967; or

    • (ii) deemed to be so granted by virtue of section 58(1) of the Water and Soil Conservation Amendment Act 1988; or

    • (iii) referred to in subparagraph (vii) of section 365(d)—

    (in this section called an existing right); and

  • (b) every authority under section 21(2) or section 21(2A) of the Water and Soil Conservation Act 1967 (in this section called an existing authority); and

  • (c) every right—

    • (i) referred to in section 21(1) of that Act that was granted during the period commencing on 10 September 1966 and ending with 31 December 1968; or

    • (ii) expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954) or Provincial Ordinance before the passing of that Act in respect of any specified water; or

    • (iii) referred to in subparagraphs (vi) or (viii) of section 365(d); or

    • (iv) deemed to be granted under section 21(3) of the Water and Soil Conservation Act 1967 by virtue of section 25(2)(d) of the Water and Soil Conservation Amendment Act (No 2) 1971—

    (in this section called an existing authority)—

  that is in force immediately before the date of commencement of this Act shall be deemed to be—

  • (d) a coastal permit, where it relates to a coastal marine area; or

  • (e) where it does not relate to a coastal marine area—

    • (i) a water permit, if it authorises something that would otherwise contravene section 14; or

    • (ii) a discharge permit, if it authorises something that would otherwise contravene section 15—

  granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly.

  (2) Where a permit resulting from an existing right would, but for this subsection, not expire by the 35th anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the 35th anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

  (3) Where a permit resulting from an existing authority would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

  (4) No enforcement order may be made under section 319 against the holder of any permit resulting from an existing authority in respect of any activity to which the permit relates except upon an application under section 316 made by the relevant regional council.

  (5) No permit resulting from an existing authority shall be transferable from site to site.

  (6) The holder of a permit resulting from an existing authority may, in order to replace that permit, apply at any time under Part 6 for another permit in respect of the activity to which the first-mentioned permit relates.

  (7) Notwithstanding section 14(3)(a), a water permit for the taking or use of geothermal water deemed to be granted by subsection (1)—

  • (a) does not authorise any person to take or use such geothermal water except where such taking or use is also authorised by—

    • (i) a water permit or coastal permit deemed to be granted by virtue of section 387; or

    • (ii) a water permit or coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953, by virtue of the operation of section 389; and

  • (b) notwithstanding paragraph (a), shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act, to apply to the consent authority under section 127(1) to change the permit for the purpose of including, as conditions of that permit, matters that could have been included in a licence granted under the Geothermal Energy Act 1953, and of enabling that permit to authorise the taking or use of geothermal water.

  (8) Nothing in this section applies in respect of any mining privilege within the meaning of section 413(1).

  Section 386(1)(a)(iii): amended, on 7 July 1993, by section 179(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 386(1)(c)(iii): amended, on 7 July 1993, by section 179(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 386(1)(c)(iv): inserted, on 7 July 1993, by section 179(3) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 386(2): replaced, on 7 July 1993, by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 386(3): replaced, on 7 July 1993, by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).