Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

Reprint as at 21 October 2016

Coat of Arms of New Zealand

Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

(SR 2013/283)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of June 2013

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for the Environment.

Pursuant to sections 27(1), 30(1), and 35 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, His Excellency the Governor-General makes the following regulations, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for the Environment given after the requirements of sections 32, 33, and 34 of that Act have been met.

Regulations

1 Title

These regulations are the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013.

2 Commencement

These regulations come into force on 28 June 2013.

3 Interpretation

In these regulations, unless the context otherwise requires,—

authorised launch deposit area means—

(a)

the area within a quadrilateral with the vertices at—

(i)

44.309°S 176.151°E:

(ii)

44.420°S 176.897°E:

(iii)

54.233°S 174.447°E:

(iv)

53.988°S 172.651°E; and

(b)

the area within a quadrilateral with the vertices at the following points, but only to the extent that it is within the exclusive economic zone or continental shelf:

(i)

38.862°S 175.454°W:

(ii)

37.065°S 163.020°W:

(iii)

38.860°S 162.571°W:

(iv)

39.496°S 175.406°W

authorised test launch deposit area means—

(a)

the area within a quadrilateral with the vertices at—

(i)

50.530°S 179.829°E:

(ii)

53.002°S 179.394°W:

(iii)

52.988°S 179.243°W:

(iv)

50.517°S 179.958°E; and

(b)

the area within a 6-sided polygon with the vertices at—

(i)

45.035°S 178.736°E:

(ii)

45.012°S 178.970°E:

(iii)

46.550°S 179.350°E:

(iv)

48.470°S 179.730°E:

(v)

48.500°S 179.500°E:

(vi)

46.640°S 179.000°E

customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

EPA means the Environmental Protection Authority

exploration

(a)

means any activity (including research) undertaken for the purpose of—

(i)

identifying mineral deposits or occurrences:

(ii)

evaluating the feasibility of mining particular deposits or occurrences of 1 or more minerals; and

(b)

includes any drilling except drilling for petroleum, any dredging, or any excavation (whether surface or subsurface) that is reasonably necessary to determine the nature or size of a mineral deposit or occurrence; but

(c)

excludes seismic surveying

marine scientific research

(a)

means research (whether fundamental or applied) carried out for the purpose of increasing knowledge about the marine environment, marine resources, or living marine organisms; and

(b)

includes any related scientific activity; but

(c)

excludes—

(i)

any research carried out in relation to prospecting, exploration, or mining; and

(ii)

seismic surveying

mining has the meaning given in section 2(1) of the Crown Minerals Act 1991

permitted marine structure means a structure constructed or placed on the seabed during, or for the purpose of carrying out, a permitted activity

prospecting

(a)

means any activity (including research) undertaken for the purpose of identifying seabed or subsoil likely to contain mineral deposits or occurrences; and

(b)

includes the following activities:

(i)

geological, geochemical, and geophysical surveying; and

(ii)

taking samples by hand or handheld methods; and

(iii)

taking small samples offshore by low-impact mechanical methods; but

(c)

excludes seismic surveying

seismic survey means a survey of the geology of the seabed, or the structures beneath the seabed, carried out by projecting pressure waves into the layers beneath the seabed and detecting and measuring the reflected signals; and seismic surveying has a corresponding meaning

sensitive environment, in relation to the exclusive economic zone or continental shelf, means an area that contains any of the habitats listed in the first column of Schedule 6 (as described in the second column of that schedule)

space vehicle means a vehicle that—

(a)

travels or is intended to travel above controlled airspace (meaning controlled airspace designated by rules made under section 29A of the Civil Aviation Act 1990); and

(b)

jettisons nothing other than the following material during its normal operation:

(i)

aluminium, brass, copper, Inconel, nickel, steel, and zinc; and

(ii)

adhesive, cork, foam, paint, glass fibre composite, carbon fibre composite, plastic, lithium batteries, and printed circuit boards

submarine cable means a submarine cable within the meaning of section 2 of the Submarine Cables and Pipelines Protection Act 1996.

Regulation 3 authorised launch deposit area: inserted, on 21 October 2016, by regulation 5 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016 (LI 2016/235).

Regulation 3 authorised test launch deposit area: inserted, on 21 October 2016, by regulation 5 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016 (LI 2016/235).

Regulation 3 space vehicle: inserted, on 21 October 2016, by regulation 5 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016 (LI 2016/235).

4 Purpose

These regulations—

(a)

prescribe certain activities that are permitted activities for the purposes of section 20 of the Act; and

(b)

prescribe conditions for undertaking certain permitted activities; and

(c)

require the EPA to monitor compliance with those conditions.

Permitted activities

5 Marine scientific research, prospecting, and exploration

(1)

Marine scientific research, prospecting, and exploration are permitted activities if the person undertaking the activity concerned complies with the conditions in subclause (2).

(2)

The conditions are that the person—

(a)

complies with the pre-activity requirements in Schedule 1; and

(b)

at least 5 working days before commencing the activity,—

(i)

carries out an initial environmental assessment; and

(ii)

provides the EPA with an initial environmental assessment and sensitive environments contingency plan for the area that complies with the requirements in Schedule 2; and

(c)

notifies the EPA, within 24 hours, of the date on which the person commences the marine scientific research, prospecting, or exploration (as the case may be); and

(d)

complies with the logbook requirements in Schedule 3; and

(e)

ensures that all reasonable measures are taken to avoid, mitigate, or remedy adverse effects of the activity on any sensitive environment encountered; and

(f)

ensures that no more material is removed from the seabed or subsoil than is reasonably necessary to undertake the activity; and

(g)

ensures that no person sells any non-living natural material that was removed from the seabed or subsoil during, or for the purpose of, undertaking the activity; and

(h)

notifies the EPA, within 24 hours, of the date on which the person completes the marine scientific research, prospecting, or exploration (as the case may be); and

(i)

complies with the post-activity requirements in Schedule 4.

(3)

To avoid doubt, this regulation does not apply to activities described in section 20(5) of the Act.

Examples of kinds of measures that could be taken to avoid, mitigate, or remedy adverse effects of an activity

The kinds of measures include—

  • (a)

    carrying out the activity in another place:

  • (b)

    reducing contact with the seabed:

  • (c)

    carrying out alternative lower-impact activities:

  • (d)

    changing the method(s) of operation to lower the impact of the activity on the environment.

6 Permitted marine structures

(1)

The maintenance or repair of a permitted marine structure is a permitted activity.

(2)

The alteration, extension, or removal of a permitted marine structure is a permitted activity if the person undertaking the activity concerned complies with the conditions in subclause (3).

(3)

The conditions referred to in subclause (2) are that the person—

(a)

complies with the pre-activity requirements in Schedule 1; and

(b)

complies with the post-activity requirements in Schedule 4.

7 Seismic surveys

(1)

Seismic surveying is a permitted activity if the person undertaking the seismic survey complies with the Department of Conservation’s 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations.

(2)

Subclause (1) does not apply to seismic surveying within Te Rohe o Te Whānau Puha Whale Sanctuary established under section 11 of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014.

Regulation 7(1): amended, on 29 November 2013, by regulation 4 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2013 (SR 2013/467).

Regulation 7(2): inserted, on 8 August 2014, by section 30 of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

8 Submarine cables

(1)

The placement of a submarine cable on or under the seabed, or the removal of a submarine cable from the seabed, is a permitted activity if the person undertaking the activity concerned complies with the conditions in subclause (2).

(2)

The conditions are that the person—

(a)

complies with the pre-activity requirements in Schedule 1; and

(b)

notifies the EPA, within 24 hours, of the date on which the person commences the activity concerned; and

(c)

notifies the EPA, within 24 hours, of the date on which the person completes the activity concerned; and

(d)

complies with the post-activity requirements in Schedule 4.

(3)

The maintenance, repair, alteration, or extension of an existing submarine cable is a permitted activity.

(4)

In subclause (3), existing submarine cable means a submarine cable that was placed on or under the seabed—

(a)

in accordance with subclause (1); or

(b)

before the date on which these regulations came into force.

8A Deposit of material on seabed from launch of space vehicle

(1)

The deposit on the seabed of material jettisoned from any test launch of a space vehicle from New Zealand is a permitted activity if the person undertaking the activity complies with the conditions in subclause (2).

(2)

The conditions are that—

(a)

there are no more than 10 space vehicle test launches in total; and

(b)

all material jettisoned from the space vehicle is deposited within any authorised test launch deposit area; and

(c)

the person complies with the pre-activity requirements in Schedule 4A; and

(d)

the person complies with the post-activity requirements in Schedule 4A.

(3)

The deposit on the seabed of material jettisoned from any launch (other than a test launch) of a space vehicle from New Zealand is a permitted activity if the person undertaking the activity complies with the conditions in subclause (4).

(4)

The conditions are that—

(a)

there are no more than 100 space vehicle launches (other than test launches) in total; and

(b)

there is no more than 1 space vehicle launch per week; and

(c)

all material jettisoned from the space vehicle is deposited within any authorised launch deposit area; and

(d)

the person complies with the pre-activity requirements in Schedule 4A; and

(e)

the person complies with the post-activity requirements in Schedule 4A.

Regulation 8A: inserted, on 21 October 2016, by regulation 6 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016 (LI 2016/235).

Miscellaneous provisions

9 EPA to monitor permitted activities

The EPA must monitor permitted activities to determine whether the activities are being undertaken in accordance with conditions imposed by these regulations.

10 EPA to notify relevant iwi, hapū, customary marine title group, and protected customary rights group of permitted activity

(1)

As soon as practicable after the EPA has been notified under regulation 5(2)(c) or 8(2)(b) that a person has commenced a permitted activity, the EPA must notify every iwi, hapū, customary marine title group, and protected customary rights group that it identified under Schedule 1, clause 1(3) that the activity has commenced.

(2)

As soon as practicable after the EPA has been notified under regulation 5(2)(h) or 8(2)(c) that a person has completed a permitted activity, the EPA must notify every iwi, hapū, customary marine title group, and protected customary rights group that it identified under Schedule 1, clause 1(3) that the activity has been completed.

11 Forms

The forms set out in Schedule 5 are prescribed for the following purposes under the Act:

(a)

a pre-activity notice (form 1):

(b)

a report of pre-activity notification of relevant iwi (form 2):

(c)

an initial environmental assessment and sensitive environments contingency plan (form 3):

(d)

a post-activity report (form 4).

12 Transitional provision

The following provisions of Schedule 1 do not apply to an activity that commences on or before 26 August 2013:

Schedule 1 Pre-activity requirements

r 5(2)(a)

1 Pre-activity notification to EPA

(1)

A person who intends to undertake a permitted activity must provide the EPA with the following information:

(a)

a description of the activity; and

(b)

the date on which the activity is expected to begin; and

(c)

the activity’s expected duration; and

(d)

the co-ordinates of the area within which the activity will be conducted.

(2)

The information in subclause (1) must be provided—

(a)

no less than 40 working days before the activity commences; and

(b)

in form 1 set out in Schedule 5.

(3)

The EPA must provide the person who intends to undertake the permitted activity with a list of iwi, hapū, customary marine title groups, and protected customary rights groups whose existing interests the EPA considers may be affected by the activity.

(4)

The EPA must provide the information in subclause (3) within 10 working days after receiving a notice under subclause (1).

2 Pre-activity notification of relevant iwi

(1)

A person who intends to undertake a permitted activity must—

(a)

notify every iwi, hapū, customary marine title group, and protected customary rights group that the EPA has identified under clause 1(3) that he or she proposes to undertake the activity; and

(b)

provide those persons with a copy of the information provided to the EPA under clause 1(1) in form 1 set out in Schedule 5.

(2)

The notification in subclause (1) must be made at least 25 working days before the activity commences.

(3)

The person who intends to undertake the permitted activity must provide the EPA with—

(a)

a report detailing—

(i)

the persons notified under subclause (1); and

(ii)

how and when those persons were contacted; and

(iii)

the information that was provided to them; and

(iv)

the name and contact details of every respondent; and

(v)

a copy, or accurate summary, of every response received; and

(vi)

the outcome of any dialogue that was entered into between the person who intends to undertake the permitted activity and the respondents; and

(b)

details of any change that is proposed to the activity as a result of the notification process.

(4)

The information in subclause (3) must be provided—

(a)

no less than 5 working days before the activity commences; and

(b)

in form 2 set out in Schedule 5.

(5)

The information in subclause (3)(a)(v) must include a copy or accurate summary of any information provided by a respondent regarding—

(a)

the respondent’s environmental policies or environmental strategy plans; and

(b)

any culturally sensitive areas, including waahi tapu, that may be affected by the proposed permitted activity; and

(c)

the likely impacts of the proposed permitted activity; and

(d)

the respondent’s concerns about the proposed permitted activity.

Schedule 2 Contents of initial environmental assessment and sensitive environments contingency plan

r 5(2)(b)

1 Contents of plan

(1)

An initial environmental assessment and sensitive environments contingency plan must—

(a)

describe the activity concerned; and

(b)

state the co-ordinates of the area within which the activity will be conducted; and

(c)

describe in general terms (using the best available information) the environment likely to be encountered when the activity is being undertaken; and

(d)

identify and describe any sensitive environments that are likely to exist within the area; and

(e)

detail the methods that will be used to undertake the activity; and

(f)

in relation to any sensitive environment that is likely to be encountered,—

(i)

assess the feasibility of carrying out the activity in another location; and

(ii)

assess, in the following order, the feasibility of measures that could be taken to—

(A)

reduce the amount of contact with the seabed:

(B)

carry out alternative lower-impact activities:

(C)

change the methods of operation to lower the impact of the activity on the environment.

(2)

In this clause, best available information means the best information that, in the particular circumstances, is available without unreasonable cost, effort, or time.

2 Form of plan

The initial environmental assessment and sensitive environments contingency plan must be provided in form 3 set out in Schedule 5.

Schedule 3 Permitted activity logbook

r 5(2)(d)

1 Permitted activity logbook

A person who undertakes marine scientific research, prospecting, or exploration must—

(a)

keep a permitted activity logbook in an electronic form approved by the EPA; and

(b)

ensure that a copy of the information recorded in the logbook is provided to the EPA every week for the duration of the activity.

2 Logbook entries

(1)

The person must ensure that the following entries are made in the logbook:

(a)

the particulars stated in items 1, 2, and 3 of the table below, on the first page or pages; and

(b)

the particulars stated in item 4 of the table below, every time a sensitive environment is encountered; and

(c)

the particulars stated in item 5 of the table below, for every day on which no sensitive environment is encountered.

(2)

Every entry must—

(a)

state the date on which it is made and, if different, the date of the occurrence to which it relates; and

(b)

be entered into the logbook as soon as practicable after the occurrence to which it relates.

Table—Logbook entries
1

Details of person undertaking permitted activity, including—

  • name:

  • address:

  • phone number:

  • email address:

  • fax number:

  • period covered:

  • contact person.

2

Detailed description of permitted activity, including—

  • type of activity:

  • description of methods to be used to undertake the activity.

3

Location of permitted activity, including co-ordinates of area where activity will be undertaken.

4

Details of every sensitive environment encountered, including—

  • general description (including co-ordinates) of the area where the sensitive environment was encountered:

  • detailed description of activity being undertaken when sensitive environment encountered:

  • description of any sensitive environment encountered:

  • description of likely effects of the activity on the environment:

  • details of measures taken to avoid, mitigate, or remedy adverse effects on the sensitive environment.

5

Statement that no sensitive environment encountered, including—

  • general description (including co-ordinates) of the area or areas where activity was undertaken on the relevant day:

  • statement to the effect that no sensitive environment was encountered.

Schedule 4 Post-activity requirements

r 5(2)(i)

1 Post-activity reports

(1)

A person who has undertaken a permitted activity must, within 60 working days after completing the activity, provide the EPA with a report containing—

(a)

a description of the activity undertaken; and

(b)

the dates on which the activity began and ended; and

(c)

the co-ordinates of the area(s) within which the activity was conducted; and

(d)

quantifiable estimates of the activity’s environmental footprint, including an estimate of the volume of any material removed from the seabed.

(2)

In the case of marine scientific research, prospecting, or exploration, the report must also include—

(a)

a description and the location of every sensitive environment that was encountered; and

(b)

details of the actions taken to avoid, mitigate, or remedy adverse effects of the activity on every sensitive environment encountered, and the reasons for choosing those particular actions.

2 Form of post-activity reports

The post-activity report must be provided in form 4 set out in Schedule 5.

Schedule 4A Pre-activity and post-activity requirements for deposit of material on seabed from launch of space vehicle

r 8A

Schedule 4A: inserted, on 21 October 2016, by regulation 7 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Amendment Regulations 2016 (LI 2016/235).

1 Pre-activity requirements

(1)

The person undertaking the activity must provide the EPA with the following information no later than 5 working days before the planned space vehicle launch:

(a)

the proposed date and time of the launch; and

(b)

the predicted flight path or paths of the launch; and

(c)

the authorised test launch deposit area or authorised launch deposit area in which the material jettisoned from the space vehicle is expected to land; and

(d)

details of any additional proposed actions to avoid, mitigate, or remedy adverse effects of the activity on existing interests.

(2)

The person undertaking the activity must provide the EPA with the final date and time of the planned space vehicle launch no later than 24 hours before the launch.

(3)

The EPA must publish on its Internet site the information provided under subclause (1) as soon as is reasonably practicable after the person provides it.

2 Post-activity requirements

(1)

The person undertaking the activity must provide the EPA with a post-activity report, which must be provided quarterly or after 10 consecutive launches (whichever happens first).

(2)

A post-activity report must include the following information:

(a)

the date and time of each space vehicle launch; and

(b)

the observed flight path of each space vehicle launch; and

(c)

as far as is reasonably possible, each area in which the material jettisoned from each space vehicle landed; and

(d)

if the person received any written complaint alleging that the conditions for undertaking the activity were breached,—

(i)

a summary of each complaint; and

(ii)

an explanation of how the person dealt with each complaint.

(3)

The EPA must publish a post-activity report on its Internet site as soon as is reasonably practicable after the person provides it.

Schedule 5 Forms

r 11

Form 1 Pre-activity notice

Regulation 11(a), Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

To the Environmental Protection Authority, Private Bag 63002, Wellington 6140

Details of person undertaking permitted activity

Name:

Address:

Telephone number:

Email address:

Fax number:

Contact person:

General description of permitted activity

Type of activity:

Description of methods to be used to undertake the activity:

Timing of permitted activity

Proposed commencement date:

Approximate duration of activity (in days):

Timetable:

Location of permitted activity

Co-ordinates of area where activity will be undertaken:

Description of the current state of the area and the surrounding environment, including any known sensitive environments:

Description of the likely effects of the activity on the environment:

Other information

Name of ship or ships involved in activity:

International call sign or vessel number of the ship or ships involved:

Associated licence number (under the Continental Shelf Act 1964):

Associated permit number (under the Crown Minerals Act 1991):

Date:

Signature of authorised contact person:

Name:

Title:

Form 2 Report of pre-activity notification of relevant iwi

Regulation 11(b), Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

To the Environmental Protection Authority, Private Bag 63002, Wellington 6140

Details of person undertaking permitted activity

Name:

Address:

Telephone number:

Email address:

Fax number:

Contact person:

General description of permitted activity

Type of activity:

Commencement date (proposed in the pre-activity notice):

Co-ordinates of area of the permitted activity (proposed in the pre-activity notice):

Other information

Persons notified:

How and when persons were notified:

Information provided:

Responses received:

[Attach copies, or accurate summaries, of submissions, including name and contact details of the respondents.]

Summary of dialogue with every iwi, hapū, customary marine title group, and protected customary rights group identified by the EPA:

[Attach copies, or accurate summaries, of the following information (if provided): the respondent’s environmental policies or environmental strategy plans, culturally sensitive areas or waahi tapu identified by the respondent, likely impacts identified by the respondent, and the respondent’s concerns about the permitted activity.]

Changes to pre-activity notice (if applicable)

Revised commencement date:

Revised duration of activity (in days):

Revised timetable:

Revised co-ordinates of the area where the activity will be undertaken:

Revised description of the current state of the area and the surrounding environment, including any known sensitive environments:

Revised description of the likely effects of the activity on the environment:

Revised description of methods to be used to undertake activity:

Other revised information:

Date:

Signature of authorised contact person:

Name:

Title:

Form 3 Initial environmental assessment and sensitive environments contingency plan

Regulation 11(c), Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

To the Environmental Protection Authority, Private Bag 63002, Wellington 6140

Details of person undertaking permitted activity

Name:

Address:

Telephone number:

Email address:

Fax number:

Contact person:

General description of permitted activity

Type of activity:

Description of methods to be used to undertake the activity:

Location of permitted activity

Co-ordinates of area where activity will be undertaken:

Description of current state of the area and the surrounding environment, including any sensitive environments:

Description of likely effects of the activity on the environment:

Identification of sensitive environments

Description of any sensitive environments likely to exist in the area where the activity will be undertaken:

Contingency plan

Specify measures that could be taken to avoid, remedy, or mitigate the adverse effects of the activity on sensitive environments:

1

Can the activity be undertaken in another place? Yes/No*

Explain:

2

Can the activity be undertaken in a way that reduces the amount of contact with the seabed? Yes/No*

Explain:

3

Can different methods be used in undertaking the activity to lessen its effects on the sensitive environment? Yes/No*

Explain:

4

Can the activity be undertaken in a way that lessens its effects on the sensitive environment? Yes/No*

Explain:

*Select one.

Date:

Signature of authorised contact person:

Name:

Title:

Form 4 Post-activity report

Regulation 11(d), Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013

To the Environmental Protection Authority, Private Bag 63002, Wellington 6140

Details of person undertaking permitted activity

Name:

Address:

Telephone number:

Email address:

Fax number:

Contact person:

Description of permitted activity

Type of activity:

Period during which activity was undertaken:

Location of permitted activity

Co-ordinates of area where activity was undertaken:

Details of environment of area where activity undertaken

General description of the environment:

Description of any sensitive environment that was encountered in the area where the activity was undertaken:

Environmental footprint of activity

Estimation of the volume of material removed:

Estimation of the areas of seabed affected by each component of, or sample taken as part of, the activity (m2):

Details of measures taken to avoid, mitigate, or remedy adverse effects on the sensitive environment

Did you implement the contingency plan submitted to the EPA? Yes/No*

Explain:

*Select one.

Provide details of, and the reasons for, the measures taken to avoid, mitigate, or remedy the effects of the activity:

Date:

Signature of authorised contact person:

Name:

Title:

Schedule 6 Sensitive environments

r 3

Sensitive environmentIndicator of existence of sensitive environment
Stony coral thickets or reefs

A stony coral reef or thicket exists if—

  • a colony of a structure-forming species (ie, Madrepora oculata, Solenosmilia variabilis, Goniocorella dumosa, Enallopsammia rostrata, Oculina virgosa) covers 15% or more of the seabed in a visual imaging survey of 100 m2 or more; or

  • a specimen of a thicket-forming species is found in 2 successive point samples; or

  • a specimen of a structure-forming species is found in a sample collected using towed gear.

Xenophyophores (sessile protozoan) beds

A xenophyophore bed exists if average densities of all species of xenophyophore found (including fragments) equal or exceed 1 specimen per m2 sampled.

Bryozoan thickets

A bryozoan thicket exists if—

  • colonies of large frame-building bryozoan species cover at least 50% of the of an area between 10 m2 and 100 m2; or

  • colonies of large frame-building bryozoan species cover at least 40% of an area that exceeds 10 km2; or

  • a specimen of a large frame-building bryozoan species is found in a sample collected using towed gear; or

  • 1 or more large frame-building bryozoan species is found in successive point samples.

Calcareous tube worm thickets

A sensitive tube worm thicket exists if—

  • 1 or more tube worm mounds per 250 m2 are visible in a seabed imaging survey; or

  • 2 or more specimens of a mound-forming species of tube worm are found in a point sample; or

  • mound-forming species of tube worm comprise 10% or more by weight or volume of a towed sample.

Chaetopteridae worm fields

A sensitive chaetopteridae worm field exists if worm tubes or epifaunal species—

  • cover 25% or more of the seabed in a visual imaging survey of 500 m2 or more; or

  • make up 25% or more of the volume of a sample collected using towed gear; or

  • are found in 2 successive point samples.

Sea pen field

A sea pen field exists if—

  • a specimen of sea pen is found in successive point samples; or

  • 2 or more specimens of sea pen per m2 are found in a visual imaging survey or a survey collected using towed gear.

Rhodolith (maerl) beds

A rhodolith bed—

  • exists if living coralline thalli are found to cover more than 10% of an area in a visual imaging survey:

  • is to be taken to exist if a single specimen of a rhodolith species is found in any sample.

Sponge gardens

A sponge garden exists if metazoans of classes Demospongiae, Hexactinellida, Calcerea, or Homoscleromorpha—

  • comprise 25% or more by volume of successive point samples; or

  • comprise 20% or more by volume of any sample collected using towed gear; or

  • cover 25% or more of the seabed over an area of 100 m2 or more in a visual imaging survey.

Beds of large bivalve molluscs

A bed of large bivalve molluscs exists if living and dead specimens—

  • cover 30% or more of the seabed in a visual imaging survey; or

  • comprise 30% or more by weight or volume of the catch in a sample collected using towed gear; or

  • comprise 30% or more by weight or volume in successive point samples.

Macro-algae beds

A macro-algae bed exists if a specimen of a red, green, or brown macro-algae is found in a visual imaging survey or any sample.

Brachiopods

A brachiopod bed exists if 1 or more live brachiopods—

  • are found per m2 sampled using towed gear; or

  • are found in successive point samples.

Deep-sea hydrothermal vents

A sensitive hydrothermal vent exists if a live specimen of a known vent species is found in a visual imaging survey or any sample.

The following vent species are known to exist in New Zealand waters:

  • Vulcanolepis osheai:

  • Ashinkailepas kermadecensis:

  • Gigantidas gladius:

  • Vulcanidas insolatus:

  • Alvinocaris niwa:

  • A. longirostris:

  • A. alexander:

  • Lebbeus wera:

  • Nautilocaris saintlaurentae:

  • Gandalfus puia:

  • Xenograpsus ngatama:

  • Paralomis hirtella:

  • Bathyaustriella thionipta:

  • Siboglinum sp:

  • Oasisia fujikurai:

  • Lamellibrachia juni:

  • Sclerasterias eructans:

  • Parachnoidea rowdeni:

  • Pyrolycus moelleri:

  • Symphurus thermophiles.

Methane or cold seeps

A methane or cold seep exists if a single occurrence of one of the following taxa is found in a visual imaging survey or any sample:

  • large siboglinid tubeworms Lamellibrachia sp:

  • vesicomyid clams Calyptogena sp:

  • mussels in the family Bathymodiolinae:

  • solemyid clams (Acharax clarificata):

  • the sponges Stelletta n sp and Pseudosuberites sp:

  • ampharetid, dorvilleid, and pogonophoran (Siboglinum sp) polychaete worms.

 Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 June 2013.

Reprints notes
1 General

This is a reprint of the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.