Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024
Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024
Public Act |
2024 No 32 |
|
Date of assent |
2 September 2024 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024.
2 Commencement
This Act comes into force on the day after Royal assent.
3 Principal Act
This Act amends the Resource Management Act 1991.
Part 1 Amendments to Part 7A of Resource Management Act 1991
4 New subparts 1A and 1B of Part 7A inserted
After section 165ZFH, insert:
Subpart 1A—Duration of coastal permits for marine farms extended
165ZFHA Interpretation
In this subpart and subpart 1B, unless the context otherwise requires,—
extant coastal permit means a coastal permit that—
(a)
is for an aquaculture activity in the coastal marine area; and
(b)
is current on the date on which this subpart comes into force; and
(c)
expires earlier than 31 December 2050
extended permit review of conditions or review means a review carried out under subpart 1B
replacement permit means a coastal permit that—
(a)
replaces an extant coastal permit; and
(b)
has a commencement date later than the date on which this subpart comes into force; and
(c)
is not being exercised by the permit holder.
165ZFHB Application of subpart
This subpart applies to—
(a)
extant coastal permits; and
(b)
replacement permits; and
(c)
coastal permits that are in force under section 165ZH on the date when this subpart comes into force; and
(d)
coastal permits within the meaning of section 87(c)—
(i)
to which paragraph (a), (b), or (c) applies; and
(ii)
that are in force on the date when this subpart comes into force.
165ZFHC Extension of coastal permits for marine farms
(1)
The expiry date of the coastal permits to which this subpart applies is extended to whichever is the sooner of—
(a)
the date that is 20 years after the date on which the permit would otherwise expire; and
(b)
31 December 2050.
(2)
No extension may be made under this subpart that applies beyond 31 December 2050.
(3)
The conditions applying to each coastal permit that is extended under this section continue to apply, unless—
(a)
a change to a condition is required as a consequence of extending the duration of the coastal permit; or
(b)
the coastal permit is subject to an appeal at the date on which this subpart comes into force, in which case the conditions are those set by the decision made on the final appeal.
(4)
This section does not affect the power under subpart 1B to undertake a review of the conditions of a coastal permit that is extended under this subsection.
165ZFHD Updating of extended coastal permits
(1)
If, on the day on which this subpart comes into force, the holder of an extant coastal permit has lodged an application under section 165ZH and at the same time the duration of the extant coastal permit is extended under this subpart, the holder must, not later than 2 months after this subpart comes into force,—
(a)
decide whether—
(i)
to continue operating under the extant coastal permit; or
(ii)
to continue with the application; and
(b)
notify the relevant consent authority of that decision.
(2)
A consent authority—
(a)
must, within 6 months of this subpart coming into force, update each extant coastal permit to record the expiry date of each, as extended under this subpart; but
(b)
may, for a period of 2 months after this subpart comes into force, suspend processing applications made under section 165ZH while holders of extant coastal permits make, and give notice of, the decision required under subsection (1).
(3)
A permit holder who decides to continue operating under an extant coastal permit as extended under this subpart must withdraw the application lodged under section 165ZH within 2 months of this subpart coming into force.
(4)
However, if a permit holder decides to continue with the application lodged under section 165ZH, a coastal permit granted under that application does not qualify for the 20-year extension to the expiry date provided for under this subpart.
165ZFHE Consent holder must confirm which coastal permit is operational
(1)
This section applies to a consent holder who—
(a)
is operating under an extant coastal permit when this subpart comes into force; but
(b)
already holds a coastal permit to replace the extant coastal permit referred to in paragraph (a).
(2)
Not later than 2 months after this subpart comes into force, a permit holder must confirm with the relevant consent authority whether the holder will operate under—
(a)
the extant coastal permit; or
(b)
a replacement permit.
165ZFHF Decision to operate under extant coastal permit
(1)
If a permit holder decides to operate under an extant coastal permit (see section 165ZFHE(2)), the holder must surrender the replacement permit referred to in section 165ZFHE(1)(b).
(2)
The surrender under subsection (1) takes effect when the permit holder receives a written acknowledgement from the consent authority that it has received notice that the replacement permit is surrendered.
165ZFHG Decision to operate under replacement permit
(1)
This section applies if the holder of an extant coastal permit decides to operate under a replacement permit (see section 165ZFHE(2)).
(2)
A permit holder is entitled to operate under the extant coastal permit until the replacement permit commences in accordance with the terms of the replacement permit.
(3)
A permit holder who surrenders an extant coastal permit and uses a replacement permit under section 165ZFHE(2)(b) remains liable under this Act for—
(a)
any breach of the conditions of the extant coastal permit occurring before that permit is surrendered; and
(b)
completing any work to give effect to that permit, unless the consent authority directs otherwise when it acknowledges the surrender.
165ZFHH Application of extension where coastal permit under appeal
(1)
The extension of a coastal permit described in section 165ZFHC(1) applies to a coastal permit that—
(a)
was granted or declined before the date on which this subpart comes into force; and
(b)
is the subject of an appeal that results in the granting of a coastal permit.
(2)
The extension does not apply—
(a)
until all rights of appeal are exhausted; or
(b)
if, on appeal, the application for a coastal permit is declined or withdrawn.
Subpart 1B—Review of conditions applying to extended coastal permits
165ZFHI Power to undertake review
(1)
A consent authority may review the conditions of any coastal permit that is extended under subpart 1A.
(2)
This subpart is in addition to, and does not affect the application of,—
(a)
sections 127 to 129, which provide for—
(i)
a consent authority to review the conditions of a coastal permit; and
(ii)
the holder of a coastal permit to apply to change or cancel any condition of a coastal permit; or
(b)
section 133, which preserves the power of the Environment Court under Part 12 to change or cancel a coastal permit by an enforcement order.
(3)
A review undertaken under this subpart—
(a)
must commence not later than 2 years after this subpart comes into force; and
(b)
must not be undertaken more than once in relation to any coastal permit; and
(c)
must not amend the duration of a coastal permit extended under section 165ZFHC(1), or change the species or consented area to which the coastal permit relates.
(4)
Despite section 36, a consent authority must bear its own costs of a review undertaken under this subpart, other than any costs arising from a request by the Director-General under section 165ZFHK(3) for information not held by the consent authority in its normal course of business.
165ZFHJ Purpose of review
The purpose of undertaking a review is to better promote the sustainable management of the natural and physical resources associated with the marine farm, as long as the review is undertaken in a way that—
(a)
is consistent with Part 2; and
(b)
does not prevent the permit holder from carrying out the aquaculture activity to which the coastal permit relates.
165ZFHK Concurrence of Director-General required for review to proceed
(1)
Before a consent authority may undertake a review under this subpart, it must provide a proposal to the Director-General of the Ministry for Primary Industries (the Director-General) that sets out how the consent authority considers the proposed review meets the purpose of a review under this subpart.
(2)
Not later than 20 working days after receiving a proposal, the Director-General must—
(a)
decide whether to concur with the consent authority that the proposal is consistent with the purpose of the review; and
(b)
notify the relevant consent authority in writing of that decision.
(3)
For the purpose of making that decision, the Director-General may request the relevant consent authority and permit holders to provide information in writing to the Director-General not later than 20 working days after the request is received.
(4)
The information requested—
(a)
must be provided as requested, in the case of a request to the consent authority; and
(b)
may be provided in the case of a request to a permit holder.
(5)
The time that the Director-General may need to obtain information from the relevant consent authority and permit holders is in addition to the 20 working days specified in subsection (2).
(6)
If the information is not received in full within the time specified in subsection (3), the Director-General may decide whether to concur with the review proposal under subsection (2)(a), taking into account the information received within that time.
165ZFHL Process applying to review
(1)
Not later than 20 working days after a consent authority has received written notice of the Director-General’s concurrence with the proposed review, the consent authority may initiate a review of the conditions of an extended coastal permit by notifying that intention to—
(a)
any of the following groups or persons if the extended coastal permit applies in their rohe:
(i)
iwi authorities:
(ii)
post-settlement governance entities:
(iii)
Ngā Hapū o Ngāti Porou as defined in section 10 of Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(iv)
iwi and hapū that are party to a Mana Whakahono ā Rohe under this Act:
(v)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011) that—
(A)
hold customary marine title in an area under that Act; or
(B)
have applied under that Act for customary marine title but whose application has not yet been determined; and
(b)
the permit holder.
(2)
Groups or persons notified under subsection (1) may make submissions on the proposed review to the relevant consent authority—
(a)
within 20 working days after limited notification was given under subsection (1); and
(b)
in accordance with section 96(5) to (7).
(3)
A consent authority undertaking a review under this subpart must not hold a hearing as part of that review and nothing in sections 99 to 103B applies to a review under this subpart.
165ZFHM Decision on review
(1)
A consent authority that undertakes a review under this subpart must, not later than 2 years after initiating the review, decide whether to add to, amend, or make no change to, any condition of the coastal permit under review.
(2)
In making that decision, the consent authority must—
(a)
apply section 131, as far as it is relevant to a review under this subpart (and with any necessary modifications); and
(b)
consider any submissions received under section 165ZFHL(2).
(3)
The consent authority must, as soon as is reasonably practicable, give written notice of the outcome of the review to the persons notified if they made a submission (see section 165ZFHL(1) and (2)).
165ZFHN Right of appeal
(1)
The following persons may appeal to the Environment Court against the whole or part of any decision made by the consent authority in the review of conditions under this subpart:
(a)
the permit holder; and
(b)
any person or group who was notified under section 165ZFHL(1) and who made a submission under section 165ZFHL(2).
(2)
Section 121 applies to an appeal under this section.
165ZFHO Final right of appeal
There is a final right of appeal on a question of law to the High Court, subject to sections 299 to 304.
Part 2 Other amendment to Resource Management Act 1991
5 Section 123A amended (Duration of consent for aquaculture activities)
After section 123A(4), insert:
(5)
The duration of a coastal permit to which this section applies is subject to any extension that may apply under subpart 1A of Part 7A.
Legislative history
30 May 2024 |
Introduction (Bill 56–1), first reading and referral to Primary Production Committee |
|
18 July 2024 |
Reported from Primary Production Committee (Bill 56–2) |
|
30 July 2024 |
Second reading |
|
20 August 2024 |
Committee of the whole House |
|
27 August 2024 |
Third reading |
|
2 September 2024 |
Royal assent |
This Act is administered by the Ministry for the Environment and the Ministry for Primary Industries.