17U Matters to be considered by Minister

(1)

In considering any application for a concession, the Minister shall have regard to the following matters:

(a)

the nature of the activity and the type of structure or facility (if any) proposed to be constructed:

(b)

the effects of the activity, structure, or facility:

(c)

any measures that can reasonably and practicably be undertaken to avoid, remedy, or mitigate any adverse effects of the activity:

(d)

any information received by the Minister under sections 17S, 17SD, and 17SE:

(e)

any relevant environmental impact assessment, including any audit or review:

(f)

any relevant oral or written submissions received as a result of any relevant public notice issued under section 49:

(g)

any relevant information which may be withheld from any person in accordance with the Official Information Act 1982 or the Privacy Act 1993.

(2)

The Minister may decline any application if the Minister considers that—

(a)

the information available is insufficient or inadequate to enable him or her to assess the effects (including the effects of any proposed methods to avoid, remedy, or mitigate the adverse effects) of any activity, structure, or facility; or

(b)

there are no adequate methods or no reasonable methods for remedying, avoiding, or mitigating the adverse effects of the activity, structure, or facility.

(3)

The Minister shall not grant an application for a concession if the proposed activity is contrary to the provisions of this Act or the purposes for which the land concerned is held.

(4)

The Minister shall not grant any application for a concession to build a structure or facility, or to extend or add to an existing structure or facility, where he or she is satisfied that the activity—

(a)

could reasonably be undertaken in another location that—

(i)

is outside the conservation area to which the application relates; or

(ii)

is in another conservation area or in another part of the conservation area to which the application relates, where the potential adverse effects would be significantly less; or

(b)

could reasonably use an existing structure or facility or the existing structure or facility without the addition.

(5)

The Minister may grant a lease or a licence (other than a profit à prendre) granting an interest in land only if—

(a)

the lease or licence relates to 1 or more fixed structures and facilities (which structures and facilities do not include any track or road except where the track or road is an integral part of a larger facility); and

(b)

in any case where the application includes an area or areas around the structure or facility,—

(i)

either—

(A)

it is necessary for the purposes of safety or security of the site, structure, or facility to include any area or areas (including any security fence) around the structure or facility; or

(B)

it is necessary to include any clearly defined area or areas that are an integral part of the activity on the land; and

(ii)

the grant of a lease or licence granting an interest in land is essential to enable the activity to be carried on.

(6)

No lease may be granted unless the applicant satisfies the Minister that exclusive possession is necessary for—

(a)

the protection of public safety; or

(b)

the protection of the physical security of the activity concerned; or

(c)

the competent operation of the activity concerned.

(7)

For the purposes of subsection (6), the competent operation of an activity includes the necessity for the activity to achieve adequate investment and maintenance.

(8)

Nothing in this Act or any other Act requires the Minister to grant any concession if he or she considers that the grant of a concession is inappropriate in the circumstances of the particular application having regard to the matters set out in this section.

Section 17U: inserted, on 1 July 1996, by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).

Section 17U(1)(d): amended, on 18 October 2017, by section 203(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 17U(8): inserted, on 18 October 2017, by section 203(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).