Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939411221.pdf (New Zealand)
1999/279 Submarine Cables and Pipelines Protection Amendment Order 1999 PURSUANT to section 37 of the Submarine Cables and Pipelines Protection Act 1996, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, makes the following order.
1 2 3 1 (1) (2) 2 Contents Title and commencement New clauses substituted 2 2A Schedule 1 amended Interpretation Protected areas Page 1 1 2 2 3 Title and commencement This order may be cited as the Submarine Cables and Pipelines Protection Amendment Order 1999, and is part of the Submarine Cables and Pipelines Protection Order 19921 (the principal order).

This order comes into force on the 28th day after the date of its notiﬁcation in the Gazette.
New clauses substituted The principal order is amended by revoking clause 2, and sub­ stituting the following clauses: 1 SR 1992/246 1 cl 2 “2 “(1) Submarine Cables and Pipelines Protection Amendment Order 1999 1999/279 Interpretation In this order, ﬁshing vessel means any vessel that is capable of being used for ﬁshing.

“(2) Positions stated in this order are expressed in terms of the co­ordinates used in the New Zealand Geodetic Datum 1949.
“2A Protected areas “(1) The areas within the territorial sea or internal waters of New Zealand described in Schedule 1 are protected areas for the purposes of the Submarine Cables and Pipelines Protection Act 1996 in respect of all ships.
“(3) “(2) Subclause (1) does not apply to ships that are being used for research carried out by or for the Ministry of Fisheries, as long as the research is carried out without directly or indirectly at­ taching any of the ships involved to the seabed, whether by anchoring or by any other means.
In the area described in Schedule 1 under the heading Area 7—Cook Strait, subclause (1) does not apply to ﬁshing ves­ sels that are being used for setting or lifting nets or rock lobster pots, or for paua or kina ﬁshing, as long as those activities are carried out— “(a) During the hours of daylight; and “(b) Without directly or indirectly attaching any of the ves­ sels involved to the seabed, whether by anchoring or by any other means; and “(c) Either— “(i) Within 200 metres of the low­water mark of the North Island, other than the line of low­water mark between the notice board placed at a longitude position in latitude 41°17′.85S, 174°37′.12E and the notice board placed at a position in latitude 41°18′.32S, longitude 174°37′.78E; or “(ii) Within 200 metres of the low­water mark of the South Island, other than the line of low­water mark between the notice board placed at a longitude position in latitude 41°19′.60S, 174°12′.90E and the notice board placed at 2 1999/279 Submarine Cables and Pipelines Protection Amendment Order 1999 cl 3 a position in latitude 41°19′.90S, 174°11′.80E.
longitude “(4) Subclause (1) does not apply to ships that are being used for laying, monitoring, maintaining, or repairing submarine ca­ bles, or for undertaking other operational activities in respect of submarine cables, if any of those activities are carried out— “(a) By or for Transpower New Zealand Limited in the area described in Schedule 1 under the heading Area 7—Cook Strait; or “(5) 3 “(b) By or for Telecom New Zealand Limited or Southern Cross Cables Limited in any of the areas described in Schedule 1 under the following headings: “(i) Area 2—Hauraki Gulf: “(ii) Area 5—Muriwai Beach.
In the area described in Schedule 1 under the heading Area 8—Oaonui, subclause (1) does not apply to any of the fol­ lowing: “(a) Ships that are being used for constructing, repairing, maintaining, or servicing Maui gas ﬁeld off­shore plat­ forms, submarine pipelines, and associated off­shore fa­ cilities: “(b) Fishing vessels that are being used for setting or lifting nets or rock lobster pots, or for paua or kina ﬁshing, as long as those activities are carried out— “(i) During the hours of daylight; and “(ii) Without directly or indirectly attaching any of the vessels involved to the seabed, whether by anchoring or by any other means; and “(iii) Within 2 miles of the low­water mark of the North Island.” Schedule 1 amended The heading to Schedule 1 is amended— (a) By omitting the expression “First Schedule”, and sub­ stituting the expression “Schedule 1”: By omitting the expression “Cl.
2”, and substituting the expression “Cl.

2A”.

(b) MARIE SHROFF, Clerk of the Executive Council.

3 Explanatory Note Submarine Cables and Pipelines Protection Amendment Order 1999 1999/279 Explanatory Note This note is not part of the order, but is intended to indicate its general effect.
This order, which takes effect on the 28th day after its notiﬁcation in the Gazette, makes the following changes to the Submarine Cables and Pipelines Protection Order 1992: •­ To remove a loophole, the expression “dropping anchor” is re­ placed by the comprehensive expression “directly or indirectly attaching any of the vessels involved to the seabed, whether by anchoring or by any other­means”: Kina ﬁshing is added to the activities that are conditionally permitted in areas speciﬁed by the order: Ships used by or for Transpower New Zealand limited are per­ mitted to lay, monitor, maintain, or repair submarine cables in Cook Strait: Ships used by or for Telecom New Zealand Limited or South­ ern Cross Cables Limited are permitted to lay, monitor, main­ tain, or repair submarine cables in Hauraki Gulf and Muriwai Beach.
•­ •­ •­ Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 26 August 1999.

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