Conservation Act 1987

Concessions

17V: Limitations on concessions and leases over marginal strips

You could also call this:

"Rules for using special land areas next to water"

When you want to use a marginal strip, which is a special area of land, the Minister has some rules to follow. The Minister can decide not to let you use the land if they think it would be better to make a different kind of agreement under section 24H. You cannot use a marginal strip for farming or forestry if you own the land next to it, but this does not affect what is said in section 24H.

The Minister will only let you lease a marginal strip if they are satisfied that the lease is allowed, and that you need to use both the marginal strip and the water next to it. They also need to be sure that the land and any structures or facilities are necessary for what you want to do. If you were already using the land before 10 April 1990, the Minister can still grant you a lease to formalise your occupation.

The Minister has to be careful when deciding who can use a marginal strip, and they have to follow certain rules to make sure the land is used in a way that is good for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104650.


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Part 3BConcessions

17VLimitations 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—

  4. the grant is permitted by this Part; and
    1. the activities authorised by the lease require the use of both the marginal strip and the adjacent water; and
      1. the land, structures, and facilities to which the lease relates are essential to the carrying out of such activities.
        Notes
        • Section 17V: inserted, on , by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).