West Coast Wind-blown Timber (Conservation Lands) Act 2014

1: Title
This Act is the West Coast Wind-blown Timber (Conservation Lands) Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to allow the Director-General to authorise the removal from certain conservation areas and reserves in the West Coast region of timber irreversibly damaged by Cyclone Ita ( wind-blown timber
4: Repeal of this Act
This Act expires and is repealed on 1 July 2019. 2019-07-01 West Coast Wind-blown Timber (Conservation Lands) Act 2014
5: Interpretation
In this Act, unless the context otherwise requires,— authorisation section 10 authorised person section 10 Cyclone Ita conservation section 2(1) conservation area section 2(1) Department designated area
a: means every conservation area and reserve within the West Coast region that is owned by the Crown and administered by the Department other than—
i: any ecological area; or
ii: Te Wāhipounamu (the South West New Zealand World Heritage Area); or
iii: Waitangiroto Nature Reserve; and
b: excludes any national park Director-General ecological area section 2(2) irreversibly damaged
a: dead; or
b: damaged to the extent that it is likely to die within the near future national park National Parks Act 1980 reserve section 2(1) specified site section 10 timber
a: means trees and parts of trees; and
b: includes branches, roots, and stumps of trees West Coast region wind-blown timber
6: Act binds the Crown
This Act binds the Crown.
2: Removal of wind-blown timber
Authorisation of removal of wind-blown timber
7: Application
This Act applies to the removal of wind-blown timber from the designated area.
8: Wind-blown timber may be removed if authorised by Director-General
A person may remove wind-blown timber from the designated area in accordance with an authorisation granted by the Director-General under section 10
9: Who may apply for authorisation
1: A person may apply for an authorisation under section 10
2: An application must be accompanied by the application fee (if any) specified by the Director-General under section 20(a)
3: The Director-General may invite a person or persons to apply for an authorisation by any means, including, without limitation, by—
a: public notice (which may invite tenders or other proposals):
b: notice to specific persons who the Director-General considers are qualified to undertake the removal of wind-blown timber.
4: If the Director-General invites applications under subsection (3), the Director-General may, in the Director-General’s discretion,—
a: accept or decline any application; or
b: enter into private negotiations with any applicant with a view to reaching an agreement; or
c: reject all applications.
5: Before exercising the Director-General’s discretion under subsection (4), the Director-General may have regard to—
a: the interests (including the financial interests) of the Crown in the relevant conservation area or reserve; and
b: any other matters the Director-General considers relevant.
10: Director-General may authorise removal of wind-blown timber from designated area
1: The Director-General may, on the application of a person under section 9
a: remove wind-blown timber from 1 or more specified sites within the designated area; and
b: carry out within the specified site or sites any other activities that are reasonably necessary to allow for the safe and efficient removal of the timber.
2: Before considering whether to grant an authorisation, the Director-General may require the applicant to submit a work plan.
3: The Director-General must not grant an authorisation unless the Director-General is satisfied that—
a: the activities permitted by the authorisation (including timber removal) will be managed so that,—
i: so far as is reasonably practicable, the safety of people working at the specified site or sites, and of members of the public, is protected; and
ii: adverse effects on the environment are kept to a minimum; and
iii: the activities do not unreasonably affect conservation in the conservation area or reserve within which the specified site or sites are located; and
iv: the activities do not cause significant soil disturbance; and
v: the effects of activities within the specified site or sites on the environment outside of the specified site or sites are not contrary to the purpose of the Resource Management Act 1991
vi: the activities permitted within the specified site or sites do not breach any regulations made under section 43
b: any timber removed in accordance with the authorisation will be used for a product referred to in section 11(1)
4: In considering whether to grant an authorisation, the Director-General may, in addition to the matters specified in subsection (3)
5: The Director-General must impose conditions on every authorisation to address each of the matters specified in subsection (3)
a: pay a bond to the Department (which may be forfeited if the person fails to meet the conditions of the authorisation); and
b: obtain appropriate insurance for the activities permitted by the authorisation.
11: Restriction on use of timber
1: Timber removed in accordance with an authorisation may only be used (whether in the course of removal or later) for 1 or more of the following:
a: sawn or cut wood (other than firewood or woodchips):
b: finished or manufactured indigenous timber products (as defined in section 2(1)
c: a product or products specified by the Director-General in the authorisation.
2: Subsection (1) does not limit the use of any incidental or secondary product resulting from the manufacture of a product referred to in that subsection.
3: Despite section 67C(1)
a: sawn beech; or
b: sawn rimu; or
c: a stump; or
d: a root; or
e: a tree fern trunk, or part of a tree fern trunk, or fibres from a tree fern trunk.
4: Section 67C(3) subsection (3)
5: In this section,— indigenous section 2(1) sawn beech sawn rimu section 67C(4)
12: Royalties, fees, and charges
1: An authorised person must pay to the Director-General the royalties and any fees or charges required by the Director-General.
2: The Director-General must ensure that any royalties received are paid into a Crown Bank Account.
3: The Director-General may, in the Director-General's absolute discretion, refund or waive payment of all or any part of any royalty, fee, or charge paid or required to be paid under this Act. Authorisations
13: Form of authorisation
An authorisation must be in writing and must specify, without limitation,—
a: the specified site or sites; and
b: the activities permitted by the authorisation; and
c: the products for which the timber removed from the specified site or sites may be used; and
d: the conditions of the authorisation; and
e: the dates on which the authorisation commences and expires; and
f: matters relating to the amount and payment of royalties, fees, and charges.
14: Amendment to authorisation
The Director-General may amend an authorisation—
a: by agreement with the authorised person; or
b: in any case where the amendment is necessary to address adverse effects of the activities permitted by the authorisation that were not reasonably foreseeable at the time that the authorisation was granted.
15: Revocation of authorisation
The Director-General may, in the Director-General’s absolute discretion, revoke an authorisation granted under this Act.
16: Expiry of authorisation
An authorisation expires on the earlier of—
a: the expiry date specified in the authorisation; and
b: 1 July 2019. Application of other legislation
17: Permitted activity not an offence
A person who carries out an activity in accordance with an authorisation—
a: does not commit an offence against the Conservation Act 1987 Reserves Act 1977 Wildlife Act 1953
b: does not require any authorisation under the Conservation Act 1987 Reserves Act 1977 Wildlife Act 1953
18: Authorisation not a disposal of conservation area
To avoid doubt, an authorisation is not a disposal of a conservation area, or an interest in a conservation area, for the purposes of section 16 26
19: Certain sections of Resource Management Act 1991 do not apply
1: Sections 9 13 14 15
2: To avoid doubt, the Resource Management Act 1991 Miscellaneous
20: Fees and charges
The Director-General may prescribe fees and charges—
a: for processing an application; and
b: where an authorisation has been granted to an applicant,—
i: for monitoring compliance with the conditions of the authorisation; and
ii: for monitoring the environmental effects and the effects on conservation of the activities permitted by the authorisation; and
iii: to recover the costs to the department of paying any fees or charges associated with the use of the land (including, but not limited to, rates imposed under the Local Government (Rating) Act 2002
c: for any other purpose that is reasonably necessary to recover the cost to the Department of administering this Act.
21: Amendment to Conservation Act 1987
1: This section amends the Conservation Act 1987
2: In Schedule 1 West Coast Wind-blown Timber (Conservation Lands) Act 2014 2014-07-03 Conservation Act 1987