Act Repealed Latest version as at 06 November 1986 (as enacted) | 1986 No 9

Wellington Harbour Reclamation Amendment Act 1986

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Contents

Short Title

Interpretation

Land may be used for industrial purposes

First Schedule amended

Repealing Second to Fourth Schedules

Repeal

Wellington Harbour Reclamation Amendment Act 1986

Local Act		1986 No 9
Date of assent		6 November 1986

	Title
1	Short Title
2	Interpretation
3	Land may be used for industrial purposes
	“7
4	First Schedule amended
5	Repealing Second to Fourth Schedules
6	Repeal

An Act to amend the Wellington Harbour Reclamation

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Wellington Harbour Reclamation Amendment Act 1986, and shall be read together with and deemed part of the Wellington Harbour Reclamation Act 1955 (hereinafter referred to as the principal Act).

2 Interpretation

Section 2 of the principal Act (as amended by section 2 of the Wellington Harbour Reclamation Amendment Act 1983) is hereby amended by repealing the definitions of the terms “hydrocarbons” and “occupier”.

3 Land may be used for industrial purposes

The principal Act is hereby amended by repealing section 7 (as substituted by section 3 of the Wellington Harbour Reclamation Amendment Act 1983), and substituting the following section:

“7

“(1)

The use or development of any part of the land described in the First and Second Schedules to the deed set out in the Schedule to this Act for any industry set out in the Second Schedule to this Act (immediately before its repeal by section 5 of the Wellington Harbour Reclamation Amendment Act 1986) existing immediately before the commencement of this section is hereby declared to have been established lawfully as a use permitted as of right under the district scheme of the Lower Hutt City Council.

“(2)

The use or development of the land described in the Fourth Schedule to this Act (immediately before its repeal by section 5 of the Wellington Harbour Reclamation Amendment Act 1986) for the storage of not more than 300 tonnes of liquefied petroleum gas at any one time and existing immediately before the commencement of this section is hereby declared to have been established lawfully as a use permitted as of right under the district scheme of the Lower Hutt City Council.

“(3)

Subject to subsection (4) of this section, the use or development of the land referred to in subsection (2) of this section for the storage of more than 300 tonnes but not more than 1300 tonnes of liquefied petroleum gas at any one time is hereby declared to be a use permitted as of right under the district scheme of the Lower Hutt City Council.

“(4)

Subsection (3) of this section shall cease to have any force or effect on the expiry of a period of 2 years after the date of commencement of this section, or on the expiry of such longer period as the Lower Hutt City Council may allow, unless—

“(a)

The land to which that subsection applies is being used or has been developed for the storage of 1300 tonnes of liquefied petroleum gas before the expiry of that period; or

“(b)

The Lower Hutt City Council has, on an application made within 3 months after the expiry of that period, determined that substantial progress has been made and is continuing to be made towards using or developing that land for the storage of 1300 tonnes of liquefied petroleum gas.

(5)

Subject to subsections (1) to (4) of this section, on and after the commencement of this section, the Town and Country Planning Act 1977 and the district scheme of the Lower Hutt City Council shall apply to the use or development of the land described in the First and Second Schedules to the deed set out in the Schedule to this Act.”

4 First Schedule amended

The principal Act (as amended by section 4 of the Wellington Harbour Reclamation Amendment Act 1983) is hereby amended—

(a)

By omitting from section 4 the word “First”:

(b)

By omitting from the heading of the First Schedule the word “FIRST”.

5 Repealing Second to Fourth Schedules

The principal Act (as amended by sections 5 to 7 of the Wellington Harbour Reclamation Amendment Act 1983) is hereby amended by repealing the Second to Fourth Schedules.

6 Repeal

The Wellington Harbour Reclamation Amendment Act 1983 is hereby repealed.

Wellington Harbour Reclamation Amendment Act 1986