Resource Management (Aquaculture Moratorium) Amendment Act 2002

1: Title
1: This Act is the Resource Management (Aquaculture Moratorium) Amendment Act 2002.
2: In this Act, the Resource Management Act 1991 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to impose a moratorium on the granting of coastal permits for aquaculture activities; and
b: to provide regional councils with the opportunity, during the moratorium, to provide in their regional coastal plans and proposed regional coastal plans for—
i: aquaculture management areas where aquaculture activities can be undertaken only as a controlled or discretionary activity; and
ii: areas where aquaculture activities are prohibited; and
c: to make consequential amendments to fisheries legislation.
2: Aquaculture activities
4: Interpretation
Section 4 repealed 1 January 2005 4(4) Resource Management Amendment Act (No 2) 2004
5: New
section 20A The principal Act is amended by inserting, after section 20
20A: Certain rules in proposed regional coastal plans not to have effect
1: A regional council may, before publicly notifying a proposed regional coastal plan, resolve that any rule in the plan relating to aquaculture activities does not have effect until the plan becomes operative.
2: Public notification of the plan must include the resolution.
3: If the resolution is rescinded, the regional council must, as soon as possible, publicly notify—
a: the rescission; and
b: the resolution it relates to; and
c: the date of the rescission.
4: A rule that a rescinded resolution relates to has effect as a rule in the plan for all purposes on and from the day after the date on which the rescission is publicly notified.
5: A reference in this Act (except in the First Schedule
a: the rule is subject to a resolution under subsection (1)
b: the resolution has not been rescinded.
6: New
section 68A Section 6 repealed 1 January 2005 11(2) Resource Management Amendment Act (No 2) 2004
7: New
section 87AA The principal Act is amended by inserting, before section 87
87AA: This Part subject to
Part 6A This Part applies subject to Part 6A
8: Description of type of activity to remain the same
Section 88A
3: This section applies subject to section 150D
9: New
Part 6A The principal Act is amended by inserting, after section 150
6A: Aquaculture moratorium
150A: Interpretation
In this Part, unless the context otherwise requires,— application moratorium
a: beginning on 28 November 2001; and
b: ending on the close of—
i: the date that is 2 years after the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002; or
ii: in relation to a coastal marine area described in an order made under section 150C
150B: Moratorium
1: Subsection (2)
a: an application that requires notification if it was made to a consent authority before the moratorium and the consent authority had not, before the moratorium, notified the application:
b: an application that does not require notification if—
i: it was made to a consent authority before the moratorium; and
ii: the consent authority had not, before the moratorium, decided not to notify the application under section 94
2: The consent authority must not process or determine the application until the moratorium has expired in relation to the area that the application relates to.
3: Subsection (4)
4: The consent authority—
a: must not process the application; and
b: must not determine the application; and
c: must return the application, and any fee accompanying it, to the applicant as soon as practicable.
5: This section does not apply to an application if—
a: the application relates to a coastal marine area that, immediately before the moratorium, was subject to—
i: a coastal permit; or
ii: a marine farming lease or licence under the Marine Farming Act 1971
b: the application is for a new coastal permit for the same activities in the same area.
150C: Earlier expiry of moratorium in relation to specified areas
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than the date that is 2 years after the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 as the date on which the moratorium ends in relation to a coastal marine area described in the order.
2: The Minister must not make a recommendation unless—
a: the regional council concerned has requested the Minister to make the recommendation; and
b: the Minister is satisfied, based on information and explanations provided by the regional council, that—
i: a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and
ii: the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and
iii: the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future.
3: The Minister must make a recommendation under subsection (1) subsection (2)
4: For the purposes of subsection (3), section 37
150D: Pending applications to be considered under rules as at end of moratorium
1: On the expiry of the moratorium, a consent authority must—
a: resume processing an application that section 150B(2)
b: process and determine the application under rules in the regional coastal plan, and in any proposed regional coastal plan, as at the end of the moratorium.
2: For the purposes of subsection (1) clause 5 of Schedule 1
3: Subsection (2) section 20A
150E: Transitional provision
1: This section applies to a coastal permit if—
a: the application for the permit was notified during the moratorium but before the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002; or
b: the consent authority decided, during the moratorium but before the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002, not to notify the application for the permit.
2: However, this section does not apply to a coastal permit for aquaculture activities that relates to a coastal marine area that, immediately before the moratorium, was subject to—
a: a coastal permit; or
b: a marine farming lease or licence under the Marine Farming Act 1971
3: No person may do anything under a coastal permit until the moratorium has expired in relation to the area that the permit relates to.
4: At the end of the moratorium, a regional council may—
a: review the conditions in a coastal permit; and
b: amend the conditions so that they comply with the rules that apply at the end of the moratorium.
5: If a coastal permit relates to a restricted coastal activity, section 119A subsection (4)(b)
6: At the end of the moratorium,—
a: No person may carry on any aquaculture activities under a coastal permit in any area in which aquaculture is prohibited; and
b: the coastal permit ceases to have any effect and is deemed to be cancelled.
7: For the purposes of section 125
a: the day after the date on which the moratorium ceases to apply to the coastal permit; or
b: the day after the date on which the regional council notifies the holder of the permit of the result of a review under subsection (4)
8: Sections 357 and 358 subsection (4)
150F: No compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the application of this Part.
3: Consequential amendments to fisheries legislation
10: Marine farming permits
Section 67J(2)(a) Fisheries Act 1983 applied for (not being a coastal permit to which section 150E(3) or (6) of the Resource Management Act 1991
11: Lapse, cancellation, and surrender of permit
Section 67O Fisheries Act 1983
2A: A marine farming permit is deemed to be cancelled if the coastal permit to which it relates is deemed to be cancelled by section 150E of the Resource Management Act 1991
12: New
section 67OA The Fisheries Act 1983 section 67O
67OA: Effect of moratorium on coastal permits on marine farming permits
No person may do anything under the authority of a marine farming permit while the coastal permit that the marine farming permit relates to is subject to section 150E(3) of the Resource Management Act 1991
13: Review of marine farming permit conditions
1: Section 67P(1)(b) Fisheries Act 1983 ; or
2: Section 67P(1) Fisheries Act 1983
c: if the marine farming permit relates to a coastal marine area that is subject to a coastal permit the conditions of which have been amended under section 150E(4) of the Resource Management Act 1991
14: Authority to catch spat
Section 67Q(2)(a)(i) Fisheries Act 1983 activity (not being a coastal permit to which section 150E(3) or (6) of the Resource Management Act 1991
15: Duration of spat catching permit
Section 67S(2) Fisheries Act 1983 Sections 67K and 67O Sections 67K, 67O, and 67OA
16: Application of
Resource Management Act 1991 Section 16 repealed 1 January 2005 5(4) Fisheries Amendment Act (No 3) 2004