Conservation Act 1987

Marginal strips

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

You could also call this:

"Telling people about plans to change or remove special land protection"

When you want to reduce the size of a marginal strip or get an exemption, you need to apply to the Minister. The Minister will then talk to the relevant Conservation Board and Fish and Game Council about your application. You can ask the Minister to tell the public about your proposal, but the Minister does not have to do this. The Minister will think about whether it is a good idea to tell the public, and will consider things like the reasons for your application, what the public thinks about marginal strips, and how much it will cost to tell the public. If the Minister does decide to tell the public, the department or agency selling the land will have to pay for this. The Minister will follow the rules in section 49 when deciding how to tell the public. The Minister will also think about the purposes outlined in section 24C when making a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104923.


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

"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."


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24C: Purposes of marginal strips, or

"Protecting areas next to water for conservation and fun activities"

Part 4AMarginal strips

24BANotification of intention to reduce marginal strip or to grant exemption

  1. Where the Minister receives an application under section 24A (which relates to the reduction of the width of marginal strips) or section 24B (which relates to exemptions), the Minister shall consult the relevant Conservation Board and Fish and Game Council.

  2. On being satisfied that it is reasonable in the circumstances to do so, the relevant Conservation Board or Fish and Game Council may request the Minister to publicly notify the proposal.

  3. On receipt of a request under subsection (2) that the Minister considers reasonable in the circumstances, the Minister may publicly notify the proposal and section 49(1) shall apply accordingly; but the Minister is not obliged to publicly notify the proposal.

  4. In considering whether or not it is reasonable in the circumstances to publicly notify an application, the Conservation Board or Fish and Game Council or the Minister, as the case may be, shall have regard to—

  5. the purposes specified in section 24C; and
    1. the interests of the public in marginal strips; and
      1. the potential costs of notification (including the costs of public notification) that are likely to be incurred by the seller and the purchaser of the land.
        1. The responsible department or agency disposing of the land shall pay to the Minister all the costs of and incidental to the public notification of the proposal in accordance with section 49.

        Notes
        • Section 24BA: inserted, on , by section 12 of the Conservation Amendment Act 1996 (1996 No 1).