Forestry (East Coast) Grants Amendment Regulations 2007

  • revoked
  • Forestry (East Coast) Grants Amendment Regulations 2007: revoked, on 28 August 2014, pursuant to clause 3(1) of the Forestry (East Coast) Grants Regulations Revocation Order 2014 (LI 2014/249).

Reprint
as at 28 August 2014

Forestry (East Coast) Grants Amendment Regulations 2007

(SR 2007/154)

  • Forestry (East Coast) Grants Amendment Regulations 2007: revoked, on 28 August 2014, pursuant to clause 3(1) of the Forestry (East Coast) Grants Regulations Revocation Order 2014 (LI 2014/249).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered by the Ministry for Primary Industries.


  • Preamble

    At Wellington this 11th day of June 2007

Pursuant to section 72 of the Forests Act 1949, His Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Forestry (East Coast) Grants Amendment Regulations 2007.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

3 Principal regulations amended
4 Interpretation
  • (1) The definition of approval certificate in regulation 3 is amended by omitting that forms part of an application.

    (2) The definition of approving authority in regulation 3 is amended by omitting , under section 4 of the Act,.

5 New regulation 6 substituted
  • Regulation 6 is revoked and the following regulation substituted:

    6 Information to accompany application for approval certificate
    • (1) An application under regulation 5 must be made to the Secretary and be accompanied by—

      • (a) sufficient particulars of the landholding, and the area proposed for approval, to enable the Secretary to identify them; and

      • (b) a land use certificate from a land use consultant approved by the Secretary to the effect that the consultant has accurately identified the land use capability classes for the land (as defined in the New Zealand Land Resource Inventory, 2nd edition 1999 or the equivalent units in the 1st edition 1974); and

      • (c) a plan for the proposed grant area superimposed on a recent aerial photograph that shows—

        • (i) the boundaries of the proposed grant area; and

        • (ii) any internal planting boundaries where different planting years, species, or erosion control treatments are intended; and

        • (iii) any existing or proposed fencing; and

        • (iv) any excluded forest or closed canopy indigenous scrub within the proposed grant area.

      (2) The approving authority may, if it thinks fit, exempt an applicant from the requirement to provide a land use certificate in accordance with subclause (1)(b).

      (3) If forestry treatments are proposed, an applicant for an approval certificate must also provide,—

      • (a) if archaeological sites within the proposed area are identified by the Secretary, an archaeological survey conducted by an archaeologist approved by the Secretary; and

      • (b) if treatments involving indigenous vegetation clearance are proposed, a copy of any resource consent required for the clearance.

      (4) The information listed in subclause (3)(a) and (b) need not accompany the application but must be provided to the Secretary, if a certificate is issued, before the grant is paid.

6 Regulations 6A and 6B revoked
7 Qualifying land
  • Regulation 9 is amended by revoking subclauses (1) to (3) and substituting the following subclauses:

    • (1) An approval certificate must not be granted in respect of any area of land—

      • (a) that is less than 5 hectares and any individual blocks that will be subject to erosion control treatments that are less than 2 hectares; or

      • (b) that is an area of forest or closed canopy indigenous scrub greater than 1 hectare; or

      • (c) that is greater than 1 hectare if, in the opinion of the Secretary, the area has recently been cleared of indigenous scrub, in order to support the application; or

      • (d) that is a site of special wildlife interest or a recommended area for protection, as certified by the Department of Conservation; or

      • (e) that is an archaeological site.

    • (2) An approval certificate can only be granted in respect of land—

      • (a) that contains class VII, subclass e units 18, 19, 21, 22, 23, 24, and 25 (as defined in the New Zealand Land Resource Inventory, 2nd edition 1999 or the equivalent units in the 1st edition 1974); or

      • (b) that contains class VIII, subclass e units 2, 3, 4, 5, 6, 7, 8, and 9 (as so defined).

    • (3) Land that does not meet the class VII and class VIII, subclass e units requirements, may be included in an approval certificate if,—

      • (a) in the opinion of the Secretary, it is within the same tributary watershed as land that does meet the requirements; and

      • (b) it is based on practical and workable catchment or subcatchment boundaries.

8 New regulation 13 substituted
  • Regulation 13 is revoked and the following regulation substituted:

    13 Approval certificate may include conditions
    • (1) An approving authority may include in an approval certificate any reasonable conditions relating to the work specified in the certificate or to the repayment of the grant (or both) that the approving authority thinks fit.

      (2) The conditions that may be included in an approval certificate include conditions relating to—

      • (a) the exclusion of stock from the area specified in the certificate:

      • (b) the maintenance of fences on the boundary of the area specified in the certificate:

      • (c) the maintenance of vegetation or seed sources:

      • (d) the repayment of the grant (together with any interest due and payable) if the certificate holder does not comply with any conditions in the approval certificate or in any non-use covenant, replanting covenant, or non-use agreement required by subclause (4).

      (3) Subclause (2) does not limit subclause (1).

      (4) It is a condition of every grant that the certificate holder must—

      • (a) register a non-use covenant or replanting covenant, of at least 50 years' duration, against the title of the land that includes the conditions specified in the certificate of approval; or

      • (b) if the Secretary thinks fit, execute a non-use agreement in relation to the land that includes the conditions specified in the certificate of approval.

      (5) The Secretary may exercise his or her discretion under subclause (4)(b) only after consultation with the Director-General of Conservation.

9 Variation of approval certificates
  • (1) Regulation 14(2)(e) is amended by omitting 6(1)(c) and substituting 6(1)(b).

    (2) Regulation 14(2)(f) is amended by omitting 6(1)(d) and substituting 6(1)(c).

Rebecca Kitteridge,

for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the day after the date of their notification in the Gazette, amend the Forestry (East Coast) Grants Regulations 2000 by—

  • making technical amendments to the definitions of approval certificate and approving authority in regulation 3 (which relates to interpretation):

  • substituting new regulation 6, which relates to the information that must accompany an application for an approval certificate and the requirement to provide certain additional information if forestry treatments are proposed. The main change is that an applicant no longer needs to provide a land use certificate that shows the suitability of the proposed erosion control treatments:

  • revoking regulations 6A and 6B (which relate to the requirement to provide additional information if forestry treatments or reversion is proposed):

  • substituting new subclauses (1) to (3) of regulation 9, which relates to qualifying land. The main change is that new regulation 9(1)(a) provides that an approval certificate must not be granted in respect of any area of land that is less than 5 hectares and any individual blocks that will be subject to erosion control treatments that are less than 2 hectares:

  • substituting new regulation 13, which relates to the inclusion of conditions in an approval certificate. The new regulation continues to authorise the inclusion of any reasonable conditions that an approving authority thinks fit. It lists some examples of the type of conditions that may be included, and contains additional provisions relating to conditions requiring non-use or replanting covenants.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 June 2007.


Eprint notes
1 General
  • This is an eprint of the Forestry (East Coast) Grants Amendment Regulations 2007 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint
  • Forestry (East Coast) Grants Regulations Revocation Order 2014 (LI 2014/249): clause 3(1)