Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

Version as at 28 October 2021

Coat of Arms of New Zealand

Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

Public Act
 
2004 No 109
Date of assent
 
21 December 2004
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

Contents

1Title
2Commencement
3Purpose
4Arrangement of this Act
5Interpretation
6Marine Farming Act 1971 called principal Act in sections 7 to 17
7Repeal
8Application
9Interpretation
10Leases and licences deemed to be coastal permits
11Provision of records to regional councils
12Approvals under Harbours Act 1950
13Mortgages and charges
14Subleases and sublicences
15Applications to extend term
16Certain matters to be completed under principal Act
17Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive
17ATerm of certain leases extended
18Fisheries Act 1983 called principal Act in sections 19 to 33
19Repeals
20Marine farming permits deemed to be coastal permits
20AMarine Farming Permit 364 for Waikato Communal Area
21Certain spat catching permits deemed to be coastal permits
22Provision of records to regional councils
23Regional councils may charge for review
24Objections to decisions made under sections 20(3) and 21(3) [Repealed]
25Completion of certain matters pending at commencement of Act
25AAssessment of effect on fishing of applications pending at commencement of Act
25BInformation and matters to be considered in relation to applications to which section 25A applies
26Applications after commencement of Act
26AAssessment of effect on fishing of applications after commencement of Act
26BInformation and matters to be considered in relation to applications to which section 26A applies
27Order of processing applications and request for aquaculture decision in relation to interim aquaculture management area
28Lapsing of parts of coastal permit
29Holder of deemed coastal permit to be treated as holder of fish farmer registration pending registration by chief executive
30Application to register fish farmer deferred pending decision on permit
31Application to register as fish farmer to be declined if marine farming permit or spat catching permit declined
32Levies
33Revocation of Freshwater Fish Farming Regulations 1983
34Resource Management Act 1991 called principal Act in sections 35 to 54
35Interpretation
36Interim aquaculture management areas declared by Order in Council
37Application for aquaculture decision in relation to interim aquaculture management area
38Chief executive to make aquaculture decision
39Aquaculture decisions must not be made in relation to certain areas
40Matters to be considered by chief executive
41Requirements for aquaculture decision
42Aquaculture decisions made after commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
43Judicial review of aquaculture decision
43AApplications in interim aquaculture management area
44Effect of aquaculture decision in relation to interim aquaculture management area
44AOverview of sections 44B to 44L
44BNotifications of period to negotiate and enter into agreement about 20% space
44CTrustee to notify iwi aquaculture organisations of notice received from regional council
44DPosition at conclusion of negotiations
44EAllocation of authorisations to trustee
44FSpace to be allocated must be of economic size
44GAllocation of authorisations to trustee in relation to staged developments and harbours
44HAppeal to Environment Court against regional council’s decision
44IApplication for coastal permits for occupation of space referred to in section 44A(1) subject to reservation relating to commercial fishing for stocks subject to quota management system
44JTime within which iwi aquaculture organisation may lodge aquaculture agreement or compensation declaration if trustee not authorised to enter into aquaculture agreement or provide compensation
44KTime within which trustee may lodge aquaculture agreement or compensation declaration on behalf of all recognised iwi aquaculture organisations concerned
44LWhen authorisations allocated to trustee lapse
44MAreas that became aquaculture management areas before commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 become Gazetted aquaculture areas
44NFurther provisions relating to Gazetted aquaculture areas
44OSpecial provisions in relation to regional coastal plan of Waikato Regional Council
45Status of former deemed aquaculture management areas
46Pending applications where moratorium ends before 31 December 2004
47Pending applications where moratorium ends on close of 31 December 2004
47AApplications made from 1 January 2005 to 10 May 2006
47BProcessing of applications that sections 47 and 47A apply to
47CSome applications for coastal permits must be cancelled
47DApplications for coastal permits for aquaculture activities in deemed aquaculture management area made before but not finally disposed of at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47EApplications for coastal permits for aquaculture activities in aquaculture management area being processed at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47FProcessing of certain applications deferred
48Certain coastal permits granted during moratorium not to be exercised until end of moratorium
49Preferential right for deemed permit holder to apply for coastal permit for occupation
50Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
50AAssessment of effect on fishing of applications to which section 50(3) applies
50BInformation and matters to be considered in relation to applications to which section 50A applies
51Regional council must request aquaculture decision if application for coastal permit declined or withdrawn
52Areas excluded from interim aquaculture management area [Repealed]
53Off-site farms
54Consent authority may initiate review of off-site farms
55Transitional provision relating to requirements to keep records and returns
56Restriction on erection of structures in coastal marine area
57Regulations [Expired]
58Expiry of section 57
Notes