Conservation Act 1987

Concessions

17X: Power of Minister to impose and enforce conditions

You could also call this:

"The Minister can add rules to what you're allowed to do and charge you fees when giving you permission to use public land."

When the Minister gives you a concession, they can add conditions to it. The Minister can decide what conditions are suitable for your activity, structure, or facility. These conditions can include things like how you carry out the activity and where you can do it.

The Minister can also make conditions about who is allowed to carry out the activity and where they can do it. You might have to pay rent, fees, and royalties, as outlined in section 17Y. You might also have to pay compensation if your activity harms the land or the public's interest in it.

The Minister can require you to provide a bond to cover any costs they might incur if you don't do something you're supposed to do. The Minister can also decide to waive or reduce some of these costs if you contribute to managing the land or if there's a public benefit from your activity. You might have to restore the site and remove any structures when your concession ends, or you might have to give them to the Crown.

The Minister can review the terms of your concession regularly and make changes if needed. If you transfer your concession to someone else, you'll still be responsible for meeting the conditions, and the new person will have to agree to them too. You might have to pay fees for preparing and registering your concession document, in addition to other fees outlined in sections 60A to 60D.

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

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


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17Y: Rents, fees, and royalties, or

"Paying for using conservation land: rents, fees, and royalties"

Part 3BConcessions

17XPower of Minister to impose and enforce conditions

  1. In granting any concession, the Minister may impose such conditions as he or she considers appropriate for the activity, structure, or facility, including (but not limited to) conditions relating to or providing for—

  2. the activity itself, the carrying out of the activity, and the places where it may be carried out:
    1. the name and full address of every person or body to whom the concession is granted and who may carry out the activity:
      1. the payment of rent, fees, and royalties as provided in section 17Y:
        1. the payment of compensation for any adverse effects of the activity on the Crown's or public interest in the land concerned, unless such compensation has been provided for in the setting of rent:
          1. the provision by the concessionaire of bonds—
            1. to cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or
              1. to mitigate any adverse effects arising from but not authorised by the concession or not reasonably foreseen at the time the concession was granted:
              2. the waiver or reduction of any rent, compensation, or bond where—
                1. the concessionaire makes any contribution to the management of the lands or the public interest in those lands; or
                  1. there is any other non-commercial public benefit from the activity; or
                    1. any circumstances of the concession justify such waiver or reduction; or
                      1. the costs of setting and collecting the rent exceed any rent which may be collected:
                      2. the restoration of the site and the removal of any structure or facility at the expense of the concessionaire or the vesting in the Crown of any structure or facility at the end of the term of the concession:
                        1. periodic reviews of the terms and conditions (including rents) of the concession:
                          1. a covenant that on any transfer, sublease, sublicence, or assignment of a concession, the concessionaire shall remain liable throughout the term (including renewals) of the lease or licence or easement and shall procure from the transferee or sublessee or sublicensee or assignee a covenant to be bound by the conditions of the lease or licence or easement:
                            1. the payment of any fees (including legal fees) in respect of the preparation of the concession document and its registration (where necessary), being fees payable in addition to any fees payable under sections 60A to 60D.
                              Notes
                              • Section 17X: inserted, on , by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).