Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

44O Special provisions in relation to regional coastal plan of Waikato Regional Council

(1)

This section applies in relation to space in the coastal marine area of the region of the Waikato Regional Council if—

(a)

the space is in an area that is deemed to be a Gazetted aquaculture area under section 44M; and

(b)

the Waikato Regional Council has not, under section 9(1) of the Maori Commercial Aquaculture Claims Settlement Act 2004 as it was before the commencement of the Maori Commercial Aquaculture Claims Settlement Amendment Act 2011, identified 20% of the space for allocation to the trustee.

(2)

Before space becomes available for aquaculture activities, the Waikato Regional Council must comply with sections 44B to 44D and, if necessary, section 44E in respect of the space and, for that purpose, sections 44B to 44L apply—

(a)

with any necessary modifications; and

(b)

as if references to space referred to in section 44A(1) were references to the space proposed to become available for aquaculture activities.

(3)

For the purposes of subsection (2), space in a Gazetted aquaculture area is to be treated as becoming available for aquaculture activities,—

(a)

if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the Waikato Regional Coastal Plan provides for authorisations in relation to aquaculture activities that are to be offered in the space, on the date on which the offer of authorisations is made; or

(b)

if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011, the Waikato Regional Coastal Plan does not provide for aquaculture activities in the space, on the date that a rule that would allow for aquaculture activities to be carried out in the space in accordance with a coastal permit becomes operative.

Section 44O: inserted, on 1 October 2011, by section 24 of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 (2011 No 67).