Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

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Reprint as at 28 September 2008

Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

Public Act2004 No 109
Date of assent21 December 2004
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.

Contents

1 Title

2 Commencement

3 Purpose

4 Arrangement of this Act

5 Interpretation

Repeal of Marine Farming Act 1971 and transitional provisions relating to repeal

6 Marine Farming Act 1971 called principal Act in sections 7 to 17

Repeal

7 Repeal

Transitional

8 Application

9 Interpretation

10 Leases and licences deemed to be coastal permits

11 Provision of records to regional councils

12 Approvals under Harbours Act 1950

13 Mortgages and charges

14 Subleases and sublicences

15 Applications to extend term

16 Certain matters to be completed under principal Act

17 Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive

Repeal of certain provisions in Part 4A of Fisheries Act 1983 and transitional provisions relating to repeals

18 Fisheries Act 1983 called principal Act in sections 19 to 33

Repeals and amendments

19 Repeals

Transitional

20 Marine farming permits deemed to be coastal permits

21 Certain spat catching permits deemed to be coastal permits

22 Provision of records to regional councils

23 Regional councils may charge for review

24 Objections to decisions made under sections 20(3) and 21(3)

25 Completion of certain matters pending at commencement of Act

26 Applications after commencement of Act

27 Order of processing applications and request for aquaculture decision in relation to aquaculture management area or interim aquaculture management area

28 Lapsing of parts of coastal permit

29 Holder of deemed coastal permit to be treated as holder of fish farmer registration pending registration by chief executive

30 Application to register fish farmer deferred pending decision on permit

31 Application to register as fish farmer to be declined if marine farming permit or spat catching permit declined

32 Levies

Revocation

33 Revocation of Freshwater Fish Farming Regulations 1983

Transitional provisions relating to end of moratorium under Resource Management Act 1991

34 Resource Management Act 1991 called principal Act in sections 35 to 54

Interim aquaculture management areas

35 Interpretation

36 Interim aquaculture management areas declared by Order in Council

37 Application for aquaculture decision in relation to interim aquaculture management area

38 Chief executive to make aquaculture decision

39 Aquaculture decisions must not be made in relation to certain areas

40 Matters to be considered by chief executive

41 Requirements for aquaculture decision

42 Appeal against aquaculture decision

43 Judicial review of aquaculture decision

44 Interim aquaculture management area becomes aquaculture management area following aquaculture decision

Deemed aquaculture management areas

45 Existing coastal permits deemed to be aquaculture management areas

Existing applications and coastal permits

46 Pending applications where moratorium ends before 31 December 2004

47 Pending applications where moratorium ends on close of 31 December 2004

48 Certain coastal permits granted during moratorium not to be exercised until end of moratorium

49 Preferential right for deemed permit holder to apply for coastal permit for occupation

Pre-moratorium and pre-commencement applications for coastal permits

50 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium

51 Regional council must request aquaculture decision if application for coastal permit declined or withdrawn

52 Areas excluded from interim aquaculture management area

Review of off-site farms

53 Off-site farms

54 Consent authority may initiate review of off-site farms

General

55 Transitional provision relating to requirements to keep records and returns

56 Restriction on erection of structures in coastal marine area

57 Regulations [Expired]

58 Expiry of section 57

Reprint notes