New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 October 2011
| Public Act | 2004 No 109 |
| Date of assent | 21 December 2004 |
| Commencement | see section 2 |
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.
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
10 Leases and licences deemed to be coastal permits
11 Provision of records to regional councils
12 Approvals under Harbours Act 1950
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
17A Term of certain leases extended
18 Fisheries Act 1983 called principal Act in sections 19 to 33
20 Marine farming permits deemed to be coastal permits
20A Marine Farming Permit 364 for Waikato Communal Area
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24 Objections to decisions made under sections 20(3) and 21(3) [Repealed]
25 Completion of certain matters pending at commencement of Act
25A Assessment of effect on fishing of applications pending at commencement of Act
25B Information and matters to be considered in relation to applications to which section 25A applies
26 Applications after commencement of Act
26A Assessment of effect on fishing of applications after commencement of Act
26B Information and matters to be considered in relation to applications to which section 26A applies
27 Order of processing applications and request for aquaculture decision in relation to 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
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
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 Aquaculture decisions made after commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
43 Judicial review of aquaculture decision
43A Applications in interim aquaculture management area
44 Effect of aquaculture decision in relation to interim aquaculture management area
Allocation of authorisations to trustee
44A Overview of sections 44B to 44L
44B Notifications of period to negotiate and enter into agreement about 20% space
44C Trustee to notify iwi aquaculture organisations of notice received from regional council
44D Position at conclusion of negotiations
44E Allocation of authorisations to trustee
44F Space to be allocated must be of economic size
44G Allocation of authorisations to trustee in relation to staged developments and harbours
44H Appeal to Environment Court against regional council's decision
44I Application for coastal permits for occupation of space referred to in section 44A(1) subject to reservation relating to commercial fishing for stocks subject to quota management system
44J Time within which iwi aquaculture organisation may lodge aquaculture agreement or compensation declaration if trustee not authorised to enter into aquaculture agreement or provide compensation
44K Time within which trustee may lodge aquaculture agreement or compensation declaration on behalf of all recognised iwi aquaculture organisations concerned
44L When authorisations allocated to trustee lapse
44M Areas that became aquaculture management areas before commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 become Gazetted aquaculture areas
44N Further provisions relating to Gazetted aquaculture areas
44O Special provisions in relation to regional coastal plan of Waikato Regional Council
Deemed aquaculture management areas
45 Status of former deemed 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
47A Applications made from 1 January 2005 to 10 May 2006
47B Processing of applications that sections 47 and 47A apply to
47C Some applications for coastal permits must be cancelled
47D Applications for coastal permits for aquaculture activities in deemed aquaculture management area made before but not finally disposed of at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47E Applications for coastal permits for aquaculture activities in aquaculture management area being processed at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47F Processing of certain applications deferred
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
50A Assessment of effect on fishing of applications to which section 50(3) applies
50B Information and matters to be considered in relation to applications to which section 50A applies
51 Regional council must request aquaculture decision if application for coastal permit declined or withdrawn
52 Areas excluded from interim aquaculture management area [Repealed]
54 Consent authority may initiate review of off-site farms
55 Transitional provision relating to requirements to keep records and returns
56 Restriction on erection of structures in coastal marine area
57 Regulations [Expired]
Schedule 1
Marine Farming Permit 364 (Waikato Communal Area)
Schedule 2
Aquaculture agreements and compensation declarations
