Hon Dr Nick Smith
Government Bill
242—2
As reported from the Primary Production Committee
Commentary
Key
1 Title
2 Commencement
Part 1Amendments to Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
3 Principal Act amended
4 Leases and licences deemed to be coastal permits
4A New section 17A inserted
17A Certain leases extended or reinstated
5 Marine farming permits deemed to be coastal permits
5A New section 20A inserted
20A Marine farming permit MFP 364
6 Certain spat catching permits deemed to be coastal permits
7 Section 24 repealed
8 Completion of certain matters pending at commencement of Act
9 New sections 25A and 25B inserted
25A Assessment of effect on fishing and fisheries resources of applications pending at commencement of Act
25B Further provisions relating to applications to which section 25A applies
10 Applications after commencement of Act
11 New sections 26A and 26B inserted
26A Assessment of effect on fishing and fisheries resources of applications after commencement of Act
26B Further provisions relating to applications to which section 26A applies
12 Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area
13 Existing coastal permits deemed to be aquaculture management areas
14 Certain coastal permits granted during moratorium not to be exercised until end of moratorium
15 Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
16 New sections 50A and 50B inserted
50A Assessment of effect on fishing and fisheries resources of applications to which section 50(3) applies
50B Further provisions relating to applications to which section 50A applies
17 Off-site farms
18 Schedule added
Part 2Amendments to Fisheries Act 1996
19 Principal Act amended
19A All fishing to be authorised by fishing permit unless specific exemption held
20 Interpretation
21 New section 186DA inserted
186DA Order in which requests for aquaculture decisions to be processed
21A Exemptions
22 Decision on application
23 Fishers whose consent is necessary for aquaculture agreement
24 Period within which aquaculture agreements must be lodged for registration
25 Memorials
26 New subpart 5 of Part 9A inserted
Subpart 5—Experimental aquaculture activities
186ZM Request for initial evaluation of proposals to undertake experimental aquaculture activities
186ZN Initial evaluation
186ZO Assessment of effects on fishing
186ZP Decision after making assessment
Part 3Amendments to Maori Commercial Aquaculture Claims Settlement Act 2004
27 Principal Act amended
28 Interpretation
28 Purpose of sections 9 to 18
29 Allocation of authorisations to trustee
29A Time within which iwi aquaculture organisation may lodge aquaculture agreement
29B New section 15A inserted
15A Time within which trustee may lodge aquaculture agreement on behalf of all recognised iwi aquaculture organisations concerned
29C New heading and sections 18A to 18D inserted
Agreements about allocation of new space
18A Purpose of sections 18B to 18D
18B Notifications of period to negotiate and enter into agreement about new space
18C Trustee to notify iwi aquaculture organisations of notice received from regional council
18D Position at conclusion of negotiations
30 Interpretation
30A Allocation of assets to iwi of region
30B Basis of allocation of settlement assets
Part 4Amendments to Resource Management Act 1991
31 Principal Act amended
32 Interpretation
33 Certain existing uses in relation to land protected
34 Restrictions on use of coastal marine area
35 Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
35 New section 12A substituted
12A Restrictions on occupation of coastal marine area for aquaculture activities and restrictions on occupation of aquaculture management areas for other activities
36 New section 12C inserted
12C Restriction on experimental aquaculture activities in coastal marine area outside aquaculture management area in regional coastal plan
37 Duty to avoid unreasonable noise
38 Possible defence in case of unforeseen emergencies
39 Administrative charges
40 Regulations prescribing national environmental standards
41 Types of resource consents
42 Duration of consent
43 Exercise of resource consent while applying for new consent
44 Lapsing of consents
45 Transferability of coastal permits
46 Interpretation
47 Provisions about aquaculture management areas
48 Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
49 Subpart heading amended
50 New section 165VA inserted
165VA Outline of subpart
51 New heading inserted
52 Aquaculture management areas may not be established in excluded areas as a result of requests for changes
53 New heading inserted
54 New section 165Y substituted
165Y When request can be made or expression of interest can be submitted
55 New heading inserted
56 Invitation to request change to regional coastal plan or proposed regional coastal plan
57 Acceptance of request or part of request for change
58 New section 165ZBA inserted
165ZBA Application of Schedule 1A, and Part 9A of Fisheries Act 1996, to requests adopted or accepted under this subpart
59 Rejection of request for change
60 Allocation of authorisations from privately initiated changes
61 New heading and sections 165ZFAA to 165ZFI inserted
Expressions of interest
165ZFAA Purpose of sections 165ZFA to 165ZFI
165ZFA Invitation to submit expression of interest
165ZFB Requirements for notice under section 165ZFA
165ZFC Rejection of expression of interest
165ZFD Process after closing date for expressions of interest
165ZFE Expressions of interest that overlap, wholly or in part
165ZFF Expressions of interest that continue to overlap after expiry of period for negotiations
165ZFG Tenders
165ZFH Tender money
165ZFI Acceptance of expression of interest
62 Processing applications for existing permit holders
63 New subpart 4 of Part 7A inserted
Subpart 4—Experimental aquaculture activities
165ZK Grant of coastal permits authorising experimental aquaculture activities
165ZL Applications for coastal permits for experimental aquaculture activities
165ZM When application must be refused
165ZN Limitation relating to area
165ZO Application not to proceed if area becomes aquaculture management area in regional coastal plan
165ZP Permit not to lapse if area becomes aquaculture management area
165ZQ Application of Part 6
64 Allocation of authorisations from privately initiated changes
65 Emergency works and power to take preventive and remedial action
66 Resource consents for emergency works
67 Offences against this Act
68 Strict liability offences
69 Transitional coastal occupation charges
Schedule New Schedule added
Legislative history
The Parliament of New Zealand enacts as follows: