Marine and Coastal Area (Takutai Moana) Act 2011

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65 Deemed accommodated activities

(1)

For the purpose of section 64(2)(h) and Schedule 2, the following activities are deemed to be accommodated activities:

(a)

the construction or operation of any proposed infrastructure that—

(i)

is within the meaning of paragraph (b) of the definition of accommodated infrastructure; and

(ii)

cannot practicably be constructed or operated in any location other than within a customary marine title area; and

(iii)

is essential for—

(A)

the national social or economic well-being; or

(B)

the social or economic well-being of the region in which the infrastructure is located; and

(iv)

in any case where the construction of infrastructure is to take place at any time after the commencement of this Act, that construction is either—

(A)

agreed in principle in accordance with Part 1 of Schedule 2 (subject to all necessary consents being obtained) by the group that holds a customary marine title order in the area relevant to the proposed infrastructure; or

(B)

classified by the Minister for Land Information as a deemed accommodated activity (subject to all necessary resource consents being obtained) in accordance with Part 1 of Schedule 2:

(b)

any activity—

(i)

that, at any time after the commencement of this Act, is necessary for, or reasonably related to, prospecting, exploration, mining operations, or mining (as those terms are defined in section 2(1) of the Crown Minerals Act 1991) for petroleum under a privilege; and

(ii)

for which an agreement or an arbitral award has been made under Part 2 of Schedule 2:

(c)

any activity—

(i)

that, at any time after the commencement of this Act, is necessary for, or reasonably related to, the exercise of a privilege in existence immediately before the effective date and of the rights associated with that privilege, as provided for in section 84(1); and

(ii)

for which an agreement or arbitral award has been made under Part 2 of Schedule 2.

(2)

Nothing in subsection (1)(a) or (b) limits the discretion of a consent authority—

(a)

to decline an application for a resource consent; or

(b)

to impose conditions on the resource consent.