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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Dr Nick Smith

Aquaculture Legislation Amendment Bill (No 2)

Government Bill

242—2

As reported from the Primary Production Committee

Contents

Part 1
Amendments 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7 Section 24 repealed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~~

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 2
Amendments 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

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 3
Amendments 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 4
Amendments 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

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: