This Act may be cited as the Wellington Harbour Reclamation Amendment Act 1983, and shall be read together with and deemed part of the Wellington Harbour Reclamation Act 1955 (hereinafter referred to as the principal Act).

2 Interpretation

Section 2 of the principal Act is hereby amended by adding the following definitions:

“‘Hydrocarbons’ means any hydrocarbon or mixture of hydrocarbons whether in a gaseous, liquid, or solid state:

“‘Occupier’ has the same meaning as in the Town and Country Planning Act 1977:”.

3 Land may be used for industrial purposes

(1)

The principal Act is hereby amended by repealing section 7, and substituting the following section:

“7

“(1)

Notwithstanding anything in the Town and Country Planning Act 1977 but without restricting the application of that Act beyond the express provisions of this section, and subject to subsections (2) and (3) of this section,—

“(a)

The use of any part of the land described in the First and Second Schedules to the deed set out in the First Schedule to this Act for any industry set out in the Second Schedule to this Act is hereby declared to be a use permitted as of right under the district scheme of the Lower Hutt City Council:

“(b)

The use of any part of the said land for any industry set out in the Third Schedule to this Act, if the process or operation is so modified as to preclude every element of noxiousness or danger in relation to adjacent properties or undertakings, shall be deemed to be specified in the district scheme of the Lower Hutt City Council as a conditional use.

“(2)

The use of the land described in the Fourth Schedule to this Act for the storage of more than 1300 tonnes of liquefied petroleum gas at any one time shall be deemed to be specified in the district scheme of the Lower Hutt City Council as a conditional use.

“(3)

The use by any one occupier of any part of the land described in the First and Second Schedules to the deed set out in the First Schedule to this Act (other than the land described in the Fourth Schedule to this Act) for the storage of more than 30 tonnes of liquefied petroleum gas at any one time shall be deemed to be specified in the district scheme of the Lower Hutt City Council as a conditional use.

“(4)

No decision of the Lower Hutt City Council or of the Planning Tribunal under the Town and Country Planning Act 1977 shall operate to nullify the effect of this section.”

(2)

The Wellington Harbour Reclamation Amendment Act 1969 is hereby consequentially repealed.

4 Schedule to be First Schedule

(1)

The heading of the Schedule to the principal Act is hereby amended by omitting the word “SCHEDULE”, and substituting the words “FIRST SCHEDULE”.

(2)

Section 4 of the principal Act is hereby amended by inserting, after the words “The deed set out in the”, the word “First”.

5 New Second Schedule added to principal Act

The principal Act is hereby amended by adding the Second Schedule set out in the First Schedule to this Act.

6 New Third Schedule added to principal Act

The principal Act is hereby amended by adding the Third Schedule set out in the Second Schedule to this Act.

7 New Fourth Schedule added to principal Act

The principal Act is hereby amended by adding the Fourth Schedule set out in the Third Schedule to this Act.

8 Validation of existing uses

Any use of any part of the land described in the First and Second Schedules to the deed set out in the First Schedule to the principal Act for any industry set out in the Second Schedule to the principal Act (as added by section 5 of this Act) existing immediately before the commencement of this section is hereby validated and declared to have been lawfully established as a use permitted as of right under the district scheme of the Lower Hutt City Council.

SCHEDULES

FIRST SCHEDULE NEW SECOND SCHEDULE TO PRINCIPAL ACT

Section 5

“SECOND SCHEDULE

Section 7(1)(a)

1.

Acetylene gas manufacture.

Aeroplane manufacture or assembly.

Agricultural machinery and implements manufacture.

Ammonia manufacture.

Animal foods manufacture.

Asbestos cement products manufacture.

Asbestos manufacture.

Asphalt manufacture, refining, storage, or mixing.

Bags and sacks (textile) manufacture.

Blacksmith’s shop.

Boat building.

Boiler works.

Bottle factory.

Brass foundry.

Brewery.

Brick and tile manufacture.

Briquette manufacture.

Burnt clay products.

Candle manufacture (from paraffin wax).

Carpet manufacture.

Casein manufacture.

Celluloid works.

Chemicals manufacture or storage.

Coal briquette manufacture.

Cold storage.

Concrete—central mixing plant.

Constructional engineer’s workshop or yard.

Cooperage works.

Creosote manufacture and treatment.

Disinfectant manufacture.

Distillation of spirits.

Drugs manufacture.

Dyes manufacture.

Electric power generating station.

Engineer’s (constructional) workshop or yard.

Felt manufacture.

Fireclay products manufacture.

Flax milling.

Flock mills.

Flour milling.

Fuel oil refining and storage.

Gas storage.

Glass manufacture.

Glass products manufacture.

Glucose manufacture.

Gold mining.

Section 5

Section 7(1)(a)

Grain elevator.

Grain milling.

Grain threshing and crushing.

Gravel, sand or shingle pits.

Graving dock.

Gypsum manufacture.

Harbour facilities—wharfage, sheds, etc.

Hides, wool, and tallow warehouse.

Hydrocarbons, hydrocarbon products, and additives thereto—storage and distribution.

Hydro-electric power station.

Ink manufacture.

Iron foundry.

Iron mining.

Iron smelting.

Iron stove, range, and grate manufacture.

Jam, fruit, and vegetable preserving.

Junk yard, scrap metal, bottles, etc.

Linoleum manufacture.

Malting.

Margarine manufacture.

Match manufacture.

Motor body building.

Motor car wrecking.

Motor vehicle assembly.

Nail manufacture.

Oil cake manufacture.

Oil distillation and refining.

Oil storage.

Oils—essence or extract manufacture.

Oils—vegetable manufacture.

Oxygen gas manufacture.

Packing case manufacture.

Paint manufacture.

Panel beating works.

Paper manufacture.

Patent fuel manufacture.

Petrol storage.

Pickles and sauce manufacture.

Plaster of Paris manufacture.

Plywood manufacture.

Polishes manufacture.

Post splitting and sleeper and prop cutting.

Pottery manufacture.

Pumice pit.

Quarry—road metal, gravel, sand, shingle, marble, building stone.

Railway goods yard.

Railway trackage.

Railway workshop.

Roading contractor’s workshop or yard.

Rolling mill.

Rubber goods manufacture.

Rug manufacture.

Sacks and bags (textile) manufacture.

Sash and door factory.

Sauce and pickle manufacture.

Sawmill.

Scrap metal yard.

Seed cake manufacture.

Seed cleaning.

Sheep dip manufacture.

Sheet metal manufacture.

Shell crushing.

Ship building.

Shoddy manufacture.

Smelting metals.

Stains manufacture.

Starch manufacture.

Steel mill.

Stone crushing.

Stone cutting or dressing (except monumental masonry).

Stone quarrying.

Stove, range, and grate manufacture.

Sugar refining.

Tar storage.

Timber yard (wholesale).

Tinplate manufacture.

Tram repair shop.

Turpentine manufacture.

Varnish blending.

Vehicle, motor, assembly.

Veneer manufacture.

Vinegar manufacture.

Wallboard (other than fibrous plaster) manufacture.

White lead manufacture.

Wire manufacture.

Wood box manufacture.

Wood shaving packing manufacture.

Wool, hides, and tallow warehouse.

Woollen mills.

Wool packs, rugs, etc., manufacture.

Yeast manufacture.

2.

Any other industry not referred to in clause 1 of this Schedule or in the Third Schedule to this Act that in the opinion of the City Council is not, or under any conditions may not become, noxious or dangerous in relation to adjacent properties or public places.”

SECOND SCHEDULE NEW THIRD SCHEDULE TO PRINCIPAL ACT

Section 6

“THIRD SCHEDULE

Section 7(1)(b)

1.

Abattoirs.

Acids manufacture.

Ammunition manufacture.

Animal by products manufacture.

Arsenic recovery works.

Artificial manure manufacture.

Boiling down works.

Bone crushing.

Candle manufacture (other than from paraffin wax).

Cement bag cleaning works.

Cement manufacture.

Distillation of coal, wood, or bones.

Explosive manufacture or storage.

Fat rendering.

Fell mongering.

Fertiliser manufacture.

Fireworks manufacture or storage.

Fish curing and preserving.

Fur curing and tanning.

Gas (coal) manufacture.

Gelatine manufacture.

Glue manufacture.

Gunpowder manufacture.

Incinerator.

Knacker yards.

Leather tanning.

Lime manufacture.

Manure (artificial) manufacture.

Meat works—killing, freezing, and packing.

Paper pulp manufacture.

Sausage casing manufacture.

Soap manufacture.

Stockyards.

Tallow melting and refining.

Tanning and currying.

Tar manufacture, refining, mixing.

Varnish manufacture.

Whaling station.

Wool scouring.

2.

Any other industry not referred to in the Second Schedule to this Act that in the opinion of the City Council is or under any conditions may become noxious or dangerous in relation to adjacent properties or public places.”

THIRD SCHEDULE NEW FOURTH SCHEDULE TO PRINCIPAL ACT

Sections 7

“FOURTH SCHEDULE

Sections 7(2)(3)

All that piece of land situated in the City of Lower Hutt containing 7 acres 2 roods 21.24 perches, more or less, being Lot 2 on Deposited Plan 26447 and being also part of the land comprised and described in certificate of title, No. D3/41 (Wellington Registry).”

Wellington Harbour Reclamation Amendment Act 1983