Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008

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Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008

Public Act2008 No 92
Date of assent27 September 2008
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 Aquaculture decisions must not be made in relation to certain areas
  • (1) Section 39(c) is amended by omitting , other than an application to which section 150B(2) of that Act applies, and substituting to occupy a coastal marine area for the purpose of an aquaculture activity.

    (2) Section 39 is amended by adding the following subsection as subsection (2):

    • (2) However, subsection (1)(c) does not apply to the following applications:

      • (a) applications to which section 150B(2) of the principal Act applies:

      • (b) applications made in the period beginning on 1 January 2005 and ending with the close of 9 May 2006.

5 Regional council must request aquaculture decision for coastal permit declined or withdrawn
  • (1) Section 51(1)(a)(iii) is amended by omitting aquaculture management area or.

    (2) Section 51(2) is amended by—

    • (a) omitting aquaculture management area or; and

    • (b) omitting under section 186D of the Fisheries Act 1996.

    (3) Section 51 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) Sections 38 to 44 apply to the request.

6 Areas excluded from interim aquaculture management area or aquaculture management area
  • (1) The heading to section 52 is amended by omitting or aquaculture management area.

    (2) Section 52 is amended by repealing subsections (2) and (3) and substituting the following subsections:

    • (2) If the chief executive of the Ministry of Fisheries has declined an application to which this section applies, whether before or after the commencement of this Act, the regional council must delete from an interim aquaculture management area any area to which the application applies.

    • (3) If the chief executive of the Ministry of Fisheries has granted an application to which this section applies, whether before or after the commencement of this Act, the area to which the application relates is to be treated as if the chief executive had made a determination under section 38 of this Act in relation to it and section 44 applies accordingly.


Legislative history

23 September 2008Divided from Aquaculture Legislation Amendment Bill (Bill 239–2) by committee of the whole House
23 September 2008Third reading
27 September 2008Royal assent

This Act is administered by the Ministry for the Environment.