Resource Management Amendment Act (No 2) 2004

Public Act	2004 No 103
Date of assent	21 December 2004

1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Restrictions on use of coastal marine area

6 New sections 12A and 12B inserted

12A Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas

12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist

7 Functions of regional councils under this Act

8 Administrative charges

9 Preparation and change of regional coastal plans

10 Contents of regional plans

11 Section 68A repealed

12 Sections 150D and 150E repealed

13 New section 151AA inserted

151AA Part not to apply to applications to occupy coastal marine area

14 Order in Council may be made requiring holding of authorisation

15 Application of Order in Council

16 Effect of Order in Council

17 Calling of public tenders for authorisations

18 Requirements of tender

19 Authorisation not to confer right to coastal permit, etc

20 New Part 7A inserted

Part 7A
Occupation of coastal marine area

Subpart 1—Aquaculture management areas and authorisations

165A Interpretation

165B Power of consent authorities to refuse to receive applications for coastal permits

Aquaculture management areas and occupation of coastal marine area

165C Provisions about aquaculture management areas

165D Provisions about occupation of coastal marine area

Allocation of space in coastal marine area

165E Offer of authorisations for available space in aquaculture management area

165F Offer of authorisations for activities other than aquaculture activities

165G Chief executive to be notified of proposed allocation

165H Plan may specify allocation methods

165I Duty to adopt most efficient and effective allocation mechanism

165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing

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

165L Authorisation not to confer right to coastal permit

165M Authorisation transferable

165N Authorisation lapses in certain circumstances

165O Power of Minister of Conservation to give directions relating to allocation of space

Allocation by offer of authorisations

165P Public notice of offer of authorisations

165Q Requirements for offers

165R Preferential rights of iwi

165S Acceptance of offer

165T Grant of authorisation

165U Tender money

165V Use of tender money

Subpart 2—Privately initiated plan changes

165W Excluded areas

165X Aquaculture management areas may not be established in excluded areas as result of requests for changes

165Y Request for change may be made only in response to regional council seeking requests

165Z Invitation to request change to regional coastal plan or proposed regional coastal plan

165ZA Adoption of request or part of request for change, and combining requests

165ZB Acceptance of request or part of request for change

165ZC Regional council to notify chief executive of acceptance or adoption of request

165ZD Notification of change

165ZE Rejection of request for change

165ZF Allocation of authorisations from privately initiated changes

Subpart 3—Order in which applications by existing consent holders are to be processed

165ZG Application

165ZH Processing applications for existing permit holders

165ZI Applications for space already used for aquaculture activities

165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities

21 Existing permissions to become coastal permits

22 Right of port companies to occupy coastal marine area

23 Applications for marine farming in coastal marine area

24 Notification of lapsing, cancellation, or surrender of coastal permit for marine farming

25 Notification of rule change affecting marine farming

26 Existing applications for marine farming leases

27 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries

28 Transitional coastal occupation charges

29 Obligation to pay coastal occupation charge deemed condition of consent

30 Certain existing permitted uses may continue

31 Leases, licences, and other authorities under Harbours Act 1950

32 Section 426 repealed

33 New Schedule 1A inserted

34 Resource Management (Forms, Fees, and Procedure) Regulations 2003 amended

Schedule
New Schedule 1A inserted in principal Act

Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Resource Management Amendment Act (No 2) 2004 No 103, Public Act

Resource Management Amendment Act (No 2) 2004

Contents

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