Conservation Act 1987

Marginal strips

24B: Power to declare certain dispositions to be exempt from section 24

You could also call this:

"The Minister can choose to exempt some land deals from certain rules, for example, for land used to generate electricity or next to wide rivers and streams."

The Minister can decide that some rules do not apply to certain land transactions. You need to know that this land is next to a river or stream that is at least 3 metres wide. The Minister can make this decision by putting a notice in the Gazette.

The Minister can only make this decision if they think the land is not very important for certain purposes, or if they think the importance of the land can be protected in another way. You can find out more about these purposes in section 24C. The Minister can also make this decision if they are renewing a lease or licence under the Land Act 1948 and they think it is fair and in the public interest.

The Minister can also decide that some rules do not apply to land that is used to generate electricity, or land that is needed for electricity works. This includes land that is part of a State enterprise, which is a company owned by the government, and is used for generating electricity. You can find out more about State enterprises in the State-Owned Enterprises Act 1986.

If the Minister makes this decision, it means that section 24 does not apply to the land transaction. This decision is made by putting a notice in the Gazette, and it only applies as long as the land is still owned by the State enterprise. The Minister can decide what land is important for generating electricity, and this includes things like dams, power stations, and transmission towers, which are used by a State enterprise for generating electricity, as described in the State-Owned Enterprises Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104917.


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24BA: Notification of intention to reduce marginal strip or to grant exemption, or

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Part 4AMarginal strips

24BPower to declare certain dispositions to be exempt from section 24

  1. Subject to subsection (2), the Minister may at any time before the disposition by the Crown of any land extending along and abutting the bed of any river or stream (being a bed of not less than 3 metres in width), by notice in the Gazette, declare that section 24 shall not apply to the proposed disposition.

  2. The Minister may make a declaration under subsection (1) only if satisfied—

  3. that the land has little or no value in terms of the purposes specified in section 24C; or
    1. that any value the land has in those terms can be protected effectively by another means.
      1. Notwithstanding subsection (2), where the Minister proposes to grant an exemption under this section in respect of the renewal of a lease or licence under the Land Act 1948 but is precluded from doing so by that subsection, the Minister may grant the exemption if satisfied that the proposal is equitable and in the public interest.

      2. The Minister may, by notice in the Gazette, declare that section 24 shall not apply to any proposed disposition of—

      3. land that is part of the core assets of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity; or
        1. land that is required in connection with electricity works.
          1. A notice under subsection (4)(a) shall have effect only so long as the core assets concerned remain assets of the State enterprise.

          2. For the purposes of subsection (4)(a), the term core assets means—

          3. any aqueduct, bridge, boom anchor, canal, control gate, dam, flume, headrace, penstock, power station, screen, spillway, switching gear, surge chamber, tailrace, transmission tower, tunnel, or weir, used by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 for or in connection with the generation, transmission, or supply of electricity; or
            1. any similar structure or device so used.
              1. Nothing in section 24 shall apply to any disposition in respect of which a notice is given under this section.

              Notes
              • Section 24B: inserted, on , by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).
              • Section 24B(4)(a): amended, on , by section 100 of the Electricity Industry Reform Act 1998 (1998 No 88).
              • Section 24B(5): amended, on 14 May 1999, by section 100 of the Electricity Industry Reform Act 1998 (1998 No 88).
              • Section 24B(6)(a): amended, on , by section 100 of the Electricity Industry Reform Act 1998 (1998 No 88).