Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752526578.pdf (New Zealand)
2007/154 Forestry (East Coast) Grants Amendment Regulations 2007 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.
Contents Title Commencement Principal regulations amended Interpretation New regulation 6 substituted 6 Information to accompany application for approval certiﬁcate Regulations 6A and 6B revoked Qualifying land New regulation 13 substituted 13 Variation of approval certiﬁcates Approval certiﬁcate may include conditions Page 1 2 2 2 2 2 3 3 4 4 5 Title These regulations are the Forestry (East Coast) Grants Amend­ ment Regulations 2007.
1 r 2 2 3 4 (1) (2) 5 “6 Forestry (East Coast) Grants Amendment Regulations 2007 2007/154 Commencement These regulations come into force on the day after the date of their notiﬁcation in the Gazette.

Principal regulations amended These regulations amend the Forestry (East Coast) Grants Regulations 2000.

Interpretation The deﬁnition of approval certiﬁcate in regulation 3 is amended by omitting “that forms part of an application”.
The deﬁnition of approving authority in regulation 3 is amended by omitting “, under section 4 of the Act,”.
New regulation 6 substituted Regulation 6 is revoked and the following regulation substi­ tuted: Information to accompany application for approval certiﬁcate “(1) An application under regulation 5 must be made to the Secre­ tary and be accompanied by— “(a) sufﬁcient particulars of the landholding, and the area proposed for approval, to enable the Secretary to iden­ tify them; and a land use certiﬁcate from a land use consultant ap­ proved 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 Re­ source Inventory, 2nd edition 1999 or the equivalent units in the 1st edition 1974); and a plan for the proposed grant area superimposed on a recent aerial photograph that shows— “(i) “(ii) the boundaries of the proposed grant area; and any internal planting boundaries where different planting years, species, or erosion control treat­ ments are intended; and “(iii) any existing or proposed fencing; and “(iv) any excluded forest or closed canopy indigenous scrub within the proposed grant area.
“(b) “(c) 2 2007/154 Forestry (East Coast) Grants Amendment Regulations 2007 r 7 “(2) The approving authority may, if it thinks ﬁt, exempt an appli­ cant from the requirement to provide a land use certiﬁcate in accordance with subclause (1)(b).
If forestry treatments are proposed, an applicant for an ap­ proval certiﬁcate must also provide,— “(a) “(3) if archaeological sites within the proposed area are iden­ tiﬁed by the Secretary, an archaeological survey con­ ducted by an archaeologist approved by the Secretary; and if treatments involving indigenous vegetation clearance are proposed, a copy of any resource consent required for the clearance.
“(b) “(4) The information listed in subclause (3)(a) and (b) need not ac­ company the application but must be provided to the Secretary, if a certiﬁcate is issued, before the grant is paid.” 6 7 Regulations 6A and 6B revoked Regulations 6A and 6B are revoked.
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 that is an area of forest or closed canopy indigenous scrub greater than 1 hectare; or that is greater than 1 hectare if, in the opinion of the Sec­ retary, the area has recently been cleared of indigenous scrub, in order to support the application; or that is a site of special wildlife interest or a recom­ mended area for protection, as certiﬁed by the Depart­ ment of Conservation; or that is an archaeological site.
“(b) “(c) “(d) “(e) “(2) An approval certiﬁcate can only be granted in respect of land— 3 r 8 Forestry (East Coast) Grants Amendment Regulations 2007 2007/154 “(a) “(b) 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 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 certiﬁ­ cate if,— “(a) in the opinion of the Secretary, it is within the same tributary watershed as land that does meet the require­ ments; and it is based on practical and workable catchment or sub­ catchment boundaries.” “(b) 8 New regulation 13 substituted Regulation 13 is revoked and the following regulation substi­ tuted: “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) “(b) “(c) “(d) the exclusion of stock from the area speciﬁed in the certiﬁcate: the maintenance of fences on the boundary of the area speciﬁed in the certiﬁcate: the maintenance of vegetation or seed sources: the repayment of the grant (together with any interest due and payable) if the certiﬁcate holder does not com­ ply with any conditions in the approval certiﬁcate or in any non­use covenant, replanting covenant, or non­use 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— 4 2007/154 Forestry (East Coast) Grants Amendment Regulations 2007 Explanatory note “(a) “(b) register a non­use 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 if the Secretary thinks ﬁt, execute a non­use agreement in relation to the land that includes the conditions spe­ ciﬁed in the certiﬁcate of approval.
“(5) The Secretary may exercise his or her discretion under sub­ clause (4)(b) only after consultation with the Director­General of Conservation.” 9 (1) (2) Variation of approval certiﬁcates Regulation 14(2)(e) is amended by omitting “6(1)(c)” and sub­ stituting “6(1)(b)”.

Regulation 14(2)(f) is amended by omitting “6(1)(d)” and sub­ stituting “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 treat­ ments: •• 5 Forestry (East Coast) Grants Amendment Regulations 2007 2007/154 •• •• •• revoking regulations 6A and 6B (which relate to the require­ ment 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 regu­ lation 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 con­ trol 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 condi­ tions that an approving authority thinks ﬁt.
It lists some ex­ amples of the type of conditions that may be included, and contains additional provisions relating to conditions requiring non­use or replanting covenants.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 14 June 2007.

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