17V Limitations on concessions and leases over marginal strips

(1)

Without limiting the power of the Minister to grant a concession over a conservation area that is a marginal strip, the Minister may decline to grant a concession in any case if he or she is satisfied that it is more appropriate in that case to enter into any agreement or arrangement under section 24H.

(2)

No concession may authorise the owner of any land adjoining a marginal strip to use the marginal strip for farming purposes or forestry purposes or any purpose associated with or incidental to any farming or forestry carried out on the adjoining land; but nothing in the preceding provisions of this subsection limits or affects section 24H.

(3)

The Minister shall not grant a lease (other than a lease that formalises an occupation of the land, where that occupation existed before 10 April 1990) over a marginal strip unless he or she is satisfied that—

(a)

the grant is permitted by this Part; and

(b)

the activities authorised by the lease require the use of both the marginal strip and the adjacent water; and

(c)

the land, structures, and facilities to which the lease relates are essential to the carrying out of such activities.

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