Conservation Act 1987

Concessions

17W: Relationship between concessions and conservation management strategies and plans

You could also call this:

"How concessions work with conservation plans and rules in New Zealand"

When you want to do something in a conservation area, you need to follow the rules. If there is a conservation management strategy or plan for that area, you can only get a concession if it fits with the strategy or plan. The concession must be consistent with the strategy or plan.

If there is no strategy or plan, or if it does not say anything about what you want to do, the Minister can still give you a concession after following certain procedures, including sections 17S, 17T, and 17U. The Minister can say no to your application even if it fits with the strategy or plan, if they think it would be better to review the strategy or plan first. You might be asked to pay for the cost of reviewing the strategy or plan.

You must follow the conservation management strategy and plan if you get a concession. This is a condition of your concession, and it means you have to act in accordance with the strategy or plan, including any changes that are made. If your concession says something that goes against the strategy or plan, that part of the concession does not count, and breaking the strategy or plan is the same as breaking the concession rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104652.


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Part 3BConcessions

17WRelationship between concessions and conservation management strategies and plans

  1. Where a conservation management strategy or conservation management plan has been established for a conservation area and the strategy or plan provides for the issue of a concession, a concession shall not be granted in that case unless the concession and its granting is consistent with the strategy or plan.

  2. Where—

  3. there is no conservation management strategy or conservation management plan for a conservation area; or
    1. the relevant conservation management strategy or conservation management plan does not make any provision for the activity to which the application relates in a conservation area,—
      1. the Minister, after complying with the provisions of sections 17S, 17T, and 17U, may grant a concession.

      2. The Minister may decline any application, whether or not it is in accordance with any relevant conservation management strategy or conservation management plan, if he or she considers that the effects of the activity are such that a review of the strategy or plan, or the preparation of a strategy or plan, is more appropriate.

      3. On declining an application under subsection (3), the Minister, if requested by the applicant to do so and after consultation with the relevant Conservation Board, may initiate a review of the strategy or plan pursuant to section 17H or the preparation of a strategy or plan under this Act.

      4. The Minister may require the applicant to pay all or part of the reasonable costs of such a review or the preparation of a strategy or plan.

      5. Subsection (4) does not affect the power of the Director-General to initiate a review or an amendment to a strategy or plan under section 17H or section 17I.

      6. It shall be a condition of every concession document that the concessionaire must act in accordance with every relevant conservation management strategy and conservation management plan for the time being in force, including any amendments to the strategy or plan, whether the strategy or plan or amendment was approved before or on or after the date on which the concession became effective; and that condition shall be deemed to be included in every concession document.

      7. Any provision of a concession document that contravenes or allows expressly or by implication any action or default on the part of the concessionaire in contravention of the strategy or plan shall have no effect and any breach or contravention of the strategy or plan shall be deemed to be a breach or contravention of the concession and concession document.

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