Soil Conservation and Rivers Control Amendment Act 1988

1: Short Title and commencement
1: This Act may be cited as the Soil Conservation and Rivers Control Amendment Act 1988, and shall be read together with and deemed part of the Soil Conservation and Rivers Control Act 1941
2: This Act shall come into force on the 1st day of April 1988.
2: Interpretation
1: This subsection amended the definition of Authority section 2(1)
2: This subsection amended the definition of Catchment Board section 2(1)
3: This subsection amended the definition of Minister section 2(1)
4: This subsection inserted section 2(1A)
5: Section 3 of the Soil Conservation and Rivers Control Amendment Act 1983
3: Objects of Act
1: This subsection substituted section 10
2: Section 5 of the Soil Conservation and Rivers Control Amendment Act 1983
4: Repealing provisions relating to Authority's functions
1: Section 11
2: The following enactments are hereby consequentially repealed:
a: Sections 4 5 Soil Conservation and Rivers Control Amendment Act 1948
b: Section 4 Soil Conservation and Rivers Control Amendment Act 1959
c: The Soil Conservation and Rivers Control Amendment Act 1963
d: Section 6 of the Soil Conservation and Rivers Control Amendment Act 1983
5: Repealing provision relating to Authority having powers of Commission of Inquiry
1: The principal Act is hereby amended by repealing section 12
2: Section 8 of the Soil Conservation and Rivers Control Amendment Act 1983
6: Soil conservation reserves
1: This subsection substituted section 16(1)
2: Section 16(4) Authority and the Authority Board within whose district it is situated, and the Board
3: Notwithstanding the provisions of section 16(4) subsection (2) such body as is from time to time designated by the Minister for the purposes of this subsection Section 6(3) amended 1 July 1992 46(1) Crown Research Institutes Act 1992 by substituting the words such body as is from time to time designated by the Minister for the purposes of this subsection the Department of Scientific and Industrial Research
7: Offences in relation to soil conservation reserves
1: This subsection substituted section 17(1)(b)
2: So much of Schedule 1 to the Mining Act 1971 section 17(1)(b)
8:
9:
10: Disposal of land not required
1: This subsection substituted the word Board Authority sections 20(2) 20(3) 20(4) 20(6)
2: Nothing in section 20
11:
12: Repealing provisions relating to powers of Authority
1: Sections 22 23
2: Section 6 Soil Conservation and Rivers Control Amendment Act 1948
13:
14:
15:
16:
17: Repealing certain provisions relating to National Water and Soil Conservation Authority
1: Sections 32 33
2: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1970
18: Minister or Tribunal to hear matters
1:
2: The following enactments are hereby consequentially repealed:
a: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1958
b: Section 12 of the Soil Conservation and Rivers Control Amendment Act 1983
19:
20:
21:
22:
23:
24: Repealing provision relating to alteration or abolition of catchment districts
Section 37
25:
26:
27:
28:
29:
30: Repealing provision relating to approval of schemes of works
1: Section 128
2: The following enactments are hereby consequentially repealed:
a: Section 10 Soil Conservation and Rivers Control Amendment Act 1948
b: Section 4 of the Soil Conservation and Rivers Control Amendment Act 1954
31:
32:
33:
34:
35: Compensation for acts of Catchment Commissions, local authorities, and Catchment Boards
1: Section 145A section 11 of the Soil Conservation and Rivers Control Amendment Act 1962
2: Section 11 of the Soil Conservation and Rivers Control Amendment Act 1962
36:
37: Power to make bylaws as to land utilisation
Section 150(3)
38:
39:
40:
41: Waikato Valley Authority and Catchment Commissions to be Catchment Boards
1: The Waikato Valley as defined by—
a: The notice called Boundaries of the Waikato Valley Described Gazette
b: The notice called Extending the Boundaries of the Waikato Valley Gazette
c: The Order in Council called The Waikato Valley Authority Order 1973 Gazette
d: The Order in Council called The Waikato Valley-Hauraki Catchment District and Water Region Boundaries Alteration Order 1985 Gazette is hereby declared to be constituted as a catchment district within the meaning of the principal Act.
2: Each catchment area is hereby declared to be constituted as a catchment district within the meaning of the principal Act.
3: Subject to subsection (5)
4: Subject to subsection (5) name of Catchment Commission name of Catchment Commission
5: The Waikato Valley Authority and each Catchment Commission shall retain its existing constitution until such time as the Governor-General first makes an Order in Council under section 41
42: Repeal of
Waikato Valley Authority Act 1956
1: The Waikato Valley Authority Act 1956
2: The following enactments are hereby consequentially repealed:
a: So much of Part 2 Public Bodies Contracts Act 1959
b: The Waikato Valley Authority Amendment Act 1961
c: Section 9(3) of the Local Authorities (Employment Protection) Act 1963
d: So much of Part 2 Local Authorities (Members' Interests) Act 1968
e: The Waikato Valley Authority Amendment Act 1968
f: The Waikato Valley Authority Amendment Act 1977
g: So much of Part 3 Local Government Amendment Act 1979 Waikato Valley Authority Act 1956
h: Clause 7(c) Local Government Act 1977 section 17 Local Government Amendment Act 1985
i: So much of Part C of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 Waikato Valley Authority Act 1956
j: So much of Part 2 Local Government Official Information and Meetings Act 1987
43: Amendments consequential on reconstitution of Catchment Commissions
1:
2:
3:
4:
5: The following enactments are hereby consequentially repealed:
a: Section 4(1) (3) Soil Conservation and Rivers Control Amendment Act 1946
b: Section 3 of the Soil Conservation and Rivers Control Amendment Act 1952
c: Sections 5 to 8 Soil Conservation and Rivers Control Amendment Act 1959
d: Section 2(1) of the Soil Conservation and Rivers Control Amendment Act 1961
e: Sections 2, 3, 10, and 12 to 14 of the Soil Conservation and Rivers Control Amendment Act 1962
f: So much of Part 1 of Schedule 1 to the Local Authorities (Employment Protection) Act 1963
g: So much of Part 1 Local Authorities (Members' Interests) Act 1968
h: Section 2 of the Soil Conservation and Rivers Control Amendment Act 1969
i: Section 7 of the Soil Conservation and Rivers Control Amendment Act 1972
j: So much of Part 3 Local Government Amendment Act 1979 sections 23A 23AA 24 24A
k: Section 9 of the Soil Conservation and Rivers Control Amendment Act 1983
l: Section 15(4) Local Government Amendment Act (No 3) 1986
m: So much of Part 1 Local Government Official Information and Meetings Act 1987
44: Amending
Soil Conservation and Rivers Control Amendment Act 1946
1: Section 5 Soil Conservation and Rivers Control Amendment Act 1946
2: Section 8 Soil Conservation and Rivers Control Amendment Act 1946
a: By omitting the word Authority Minister
b: By omitting from subsection (2) it the Minister
c: By omitting from subsection (3) it thinks fit the Board or the Minister thinks fit
45: Owner or occupier may apply to Board to exercise its powers
1: Section 11 Soil Conservation and Rivers Control Amendment Act 1948 subsection (5)
5: If any such objection is lodged and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor whose decision, subject to section 33B of the principal Act
5A: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias and make a decision.
5B: The assessor shall supply the Board and the objector with a written copy of the decision and the reasons for it.
5C: Where no such objection is lodged within the said period of 1 month, or where (in respect of every objection lodged) either the assessor or the person objecting consents to the execution of the work, the Board may forthwith proceed with the work.
2: Section 11(6) Soil Conservation and Rivers Control Amendment Act 1948 Authority assessor
3: Notwithstanding the provisions of section 11 Soil Conservation and Rivers Control Amendment Act 1948 section 11
a: Lodged with a Board; and
b: Referred by the Board to the National Water and Soil Conservation Authority; and
c: Referred by that Authority to a Tribunal appointed pursuant to section 33A
d: Not finally dealt with by the Tribunal— that Tribunal shall continue in existence and have jurisdiction to hear and decide on the objection as if subsections (1) (2) section 29 of the Water and Soil Conservation Act 1967
4: For the purposes of sections 33B to 33J subsection (3)
46: Purchase and hire of plant by Board
Section 12 Soil Conservation and Rivers Control Amendment Act 1948
a: By omitting from subsection (1) The Authority or any Any
b: By omitting from subsection (2) The Authority may sell, and the Authority or any Any
47: Section 47 repealed 29 June 1988 Rating Powers Act 1988
48: Safeguards publicly notified
1: Section 34 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1) or catchment territory
2: The said section 34 subsection (2)
2: No person shall, without the consent of the Catchment Board, do on or in respect of any such land any act or matter or thing which the Board or a Catchment Commission or the National Water and Soil Conservation Authority has, by notice publicly notified within the immediately preceding 2 years, declared to be likely to facilitate soil erosion or floods or cause deposits in watercourses, lakes, or the sea. Any such notice may at any time be varied or revoked by the Board.
3: The said section 34 subsection (2A) section 3(1) of the Soil Conservation and Rivers Control Amendment Act 1980 or the Catchment Commission or Commission
4: The said section 34 subsections (2B) (2C) (2D)
2B: If any such objection is received and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor.
2C: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias, make a decision on it, and supply the Board and the objector with a written copy of the decision and the reasons for it.
2D: Subject to section 33B of the principal Act subsection (2C) of this section
5: The said section 34 subsection (4)
4: A notice affecting any mining or coal-mining operation or opencast coal-quarrying operation shall not be publicly notified without the written approval of the Minister of Energy.
49: Individual notices of safeguards
1: Section 35 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1)
1: In order to check erosion, whether by landslip or water or wind or otherwise, or to promote soil conservation, or to check deposits in watercourses, lakes, or the sea, or to promote the control of floods, the Catchment Board may from time to time by resolution, in respect of any land within its catchment district, whether or not any notice has been publicly notified under section 34(2) of this Act Provided that no resolution affecting any mining or coalmining operation or opencast coal-quarrying operation shall have effect without the concurrence of the Minister of Energy.
2: Section 35(2) Soil Conservation and Rivers Control Amendment Act 1959 Authority Catchment Board
3: Section 35(3) Soil Conservation and Rivers Control Amendment Act 1959
a: By omitting the words , or the Catchment Commission (if any) of the catchment area,
b: By repealing the proviso.
4: Section 35(4) Soil Conservation and Rivers Control Amendment Act 1959 the Authority or or Catchment Commission
5: Section 3(3)(a) of the Soil Conservation and Rivers Control Amendment Act 1980
50: Review of notices
1: Section 36 Soil Conservation and Rivers Control Amendment Act 1959 subsection (1) Authority Board which gave the notice
2: The said section 36 subsections (3) (4) (5)
3: If any such objection is received and agreement cannot be reached between the Board and the objector, the Board, after consultation with the objector, shall appoint an independent assessor and refer the matter to that assessor.
4: After giving the Board and the objector an opportunity to be heard, the assessor shall consider the matter fairly and without bias, and may suspend or cancel the notice or confirm it either absolutely or subject to such conditions and modifications as the assessor thinks just.
5: The assessor shall supply the Board and the objector with a written copy of the decision and the reasons for it.
6: Subject to section 33B of the principal Act subsection (4) of this section
51: Compensation
1: Section 37 Soil Conservation and Rivers Control Amendment Act 1959 subsection (2) District Commissioner of Works chief executive of the Ministry for the Environment
2: The said section 37 or Catchment Commission
52: References to Soil Conservation and Rivers Control Council and National Water and Soil Conservation Authority to be read as references to Minister
1: Subject to the provisions of this Act and any other Act, after the commencement of this section, every reference to the Soil Conservation and Rivers Control Council or to the National Water and Soil Conservation Authority in any enactment or regulations or in any document whatever, unless the context otherwise requires, shall be read as a reference to the Minister for the Environment.
2: Sections 2, 4, and 7 of the Soil Conservation and Rivers Control Amendment Act 1983