Aquaculture Legislation Amendment Bill (No 2)

  • discharged on 17 November 2010

Hon Dr Nick Smith

Aquaculture Legislation Amendment Bill (No 2)

Government Bill

242—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act amended
4Leases and licences deemed to be coastal permits
4ANew section 17A inserted
17ACertain leases extended or reinstated
5Marine farming permits deemed to be coastal permits
5ANew section 20A inserted
20AMarine farming permit MFP 364
6Certain spat catching permits deemed to be coastal permits
7Section 24 repealed
8Completion of certain matters pending at commencement of Act
9New sections 25A and 25B inserted
25AAssessment of effect on fishing and fisheries resources of applications pending at commencement of Act
25BFurther provisions relating to applications to which section 25A applies
10Applications after commencement of Act
10Applications after commencement of Act
11New sections 26A and 26B inserted
26AAssessment of effect on fishing and fisheries resources of applications after commencement of Act
26BFurther provisions relating to applications to which section 26A applies
12Order of processing applications and requests for aquaculture decision in relation to aquaculture management area or interim aquaculture management area
13Existing coastal permits deemed to be aquaculture management areas
14Certain coastal permits granted during moratorium not to be exercised until end of moratorium
15Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
16New sections 50A and 50B inserted
50AAssessment of effect on fishing and fisheries resources of applications to which section 50(3) applies
50BFurther provisions relating to applications to which section 50A applies
17Off-site farms
18Schedule added
19Principal Act amended
19AAll fishing to be authorised by fishing permit unless specific exemption held
20Interpretation
21New section 186DA inserted
186DAOrder in which certain requests for aquaculture decisions to be processed
21AExemptions
22Decision on application
23Fisheries Fishers whose consent is necessary for aquaculture agreement
24Period within which aquaculture agreements must be lodged for registration
25Memorials
25Memorials
26New subpart 5 of Part 9A inserted
186ZMRequest for initial evaluation of proposals to undertake experimental aquaculture activities
186ZNInitial evaluation
186ZOAssessment of effects on fishing
186ZPDecision after making assessment
27Principal Act amended
28Interpretation
28Purpose of sections 9 to 18
29Allocation of authorisations to trustee
29ATime within which iwi aquaculture organisation may lodge aquaculture agreement
29BNew section 15A inserted
15ATime within which trustee may lodge aquaculture agreement on behalf of all recognised iwi aquaculture organisations concerned
29CNew heading and sections 18A to 18D inserted
18APurpose of sections 18B to 18D
18BNotifications of period to negotiate and enter into agreement about new space
18CTrustee to notify iwi aquaculture organisations of notice received from regional council
18DPosition at conclusion of negotiations
30Interpretation
30AAllocation of assets to iwi of region
30BBasis of allocation of settlement assets
31Principal Act amended
32Interpretation
33Certain existing uses in relation to land protected
34Restrictions on use of coastal marine area
35Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
35New section 12A substituted
12ARestrictions on occupation of coastal marine area for aquaculture activities and restrictions on occupation of aquaculture management areas for other activities
36New section 12C inserted
12CRestriction on experimental aquaculture activities in coastal marine area outside aquaculture management area in regional coastal plan
37Duty to avoid unreasonable noise
38Possible defence in case of unforeseen emergencies
39Administrative charges
40Regulations prescribing national environmental standards
41Types of resource consents
42Duration of consent
43Exercise of resource consent while applying for new consent
44Lapsing of consents
45Transferability of coastal permits
46Interpretation
47Provisions about aquaculture management areas
48Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
49Subpart heading amended
50New section 165VA inserted
165VAOutline of subpart
51New heading inserted
52Aquaculture management areas may not be established in excluded areas as a result of requests for changes
53New heading inserted
54New section 165Y substituted
165YWhen request can be made or expression of interest can be submitted
55New heading inserted
56Invitation to request change to regional coastal plan or proposed regional coastal plan
57Acceptance of request or part of request for change
58New section 165ZBA inserted
165ZBAApplication of Schedule 1A, and Part 9A of Fisheries Act 1996, to requests adopted or accepted under this subpart
59Rejection of request for change
60Allocation of authorisations from privately initiated changes
61New heading and sections 165ZFAA to 165ZFI inserted
165ZFAAPurpose of sections 165ZFA to 165ZFI
165ZFAInvitation to submit expression of interest
165ZFBRequirements for notice under section 165ZFA
165ZFCRejection of expression of interest
165ZFDProcess after closing date for expressions of interest
165ZFEExpressions of interest relating to the same space that overlap, wholly or in part
165ZFFExpressions of interest that continue to overlap after expiry of period for negotiations
165ZFGTenders
165ZFHTender money
165ZFIAcceptance of expression of interest
62Processing applications for existing permit holders
63New subpart 4 of Part 7A inserted
165ZKGrant of coastal permits authorising experimental aquaculture activities
165ZLApplications for coastal permits for experimental aquaculture activities
165ZMWhen application must be refused
165ZNLimitation relating to area
165ZOApplication not to proceed if area becomes aquaculture management area in regional coastal plan
165ZPPermit not to lapse if area becomes aquaculture management area
165ZQApplication of Part 6
64Allocation of authorisations from privately initiated changes
65Emergency works and power to take preventive and remedial action
66Resource consents for emergency works
67Offences against this Act
68Strict liability offences
69Transitional coastal occupation charges
Legislative history

The Parliament of New Zealand enacts as follows: