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Conservation Act 1987

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to help with changes to the Conservation Act 1987"

When the Conservation Act 1987 was changed by the Resource Legislation Amendment Act 2017, you might have already applied for a concession. If you did, your application will be dealt with as if the Act had not been changed. You can find more information about concessions in section 17R. An application is considered pending if it was received before the changes came into effect and had not been finally determined.

If you were granted an authorisation or permit to take fish before the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 came into effect, section 26ZHB does not affect you. You can still take fish as allowed by your authorisation or permit. The Act also talks about whitebait fishing in conservation areas, which is affected by the section 26ZHD notice.

The rules about taking fish do not apply to you if you need to take fish to comply with a condition of a consent granted under the Resource Management Act 1991 before the commencement date. Regulations made under section 48A(1)(na) do not apply to hydroelectricity dams built before the commencement date, except for requirements related to maintaining structures that affect freshwater fish.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7475552.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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65: Amendments and savings, or

"Changes to other laws when the Conservation Act 1987 started"

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Schedule 1: Other enactments administered by Department, or

"Laws the Department looks after to protect New Zealand's environment and conservation"

1AATransitional, savings, and related provisions Empowered by s 3A

1Provisions relating to Part 4 of Resource Legislation Amendment Act 2017

1Pending applications for concessions

  1. All pending applications for a concession under section 17R must be dealt with and determined as if this Act had not been amended by Part 4 of the Resource Legislation Amendment Act 2017.

  2. In this clause, an application is pending if it was received by the Minister before the commencement of Part 4 of the Resource Legislation Amendment Act 2017 and, as at that commencement, it had not been finally determined.

2Provisions relating to Conservation (Indigenous Freshwater Fish) Amendment Act 2019

2Interpretation

  1. In this Part, commencement date means the commencement date of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019.

Notes
  • Schedule 1AA clause 2: inserted, on , by section 17 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).

3Taking of fish in accordance with prior authorisations not affected

  1. Section 26ZHB does not affect the taking of fish by a person in accordance with an authorisation or permit that was granted under this Act before the commencement date and that is still in force.

Notes
  • Schedule 1AA clause 3: inserted, on , by section 17 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).

4Application of section 26ZHB(1) to whitebait fishing in conservation areas delayed

  1. Until the date that the first notice under section 26ZHD authorising the taking of whitebait comes into force, section 26ZHB(1) does not apply to a person who fishes for whitebait from a conservation area in accordance with the Whitebait Fishing Regulations 1994 or Whitebait Fishing (West Coast) Regulations 1994.

  2. The notice described in subclause (1) must not come into force on a date earlier than 2 years after the commencement date.

Notes
  • Schedule 1AA clause 4: inserted, on , by section 17 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).

5Application of section 26ZHB to taking of fish in compliance with consent under Resource Management Act 1991

  1. Section 26ZHB does not affect a person who takes freshwater fish in order to comply with a condition of a consent that was granted under the Resource Management Act 1991 before the commencement date, if before that date, the person was not required to obtain any kind of authorisation or permit under this Act to take the fish.

Notes
  • Schedule 1AA clause 5: inserted, on , by section 17 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).

6Application of regulations made under section 48A(1)(na) to existing hydroelectricity dams

  1. Regulations made under section 48A(1)(na) do not apply to any hydroelectricity dams constructed before the commencement date except where those regulations impose requirements that relate to the maintenance of any structure that could impede or affect the passage of freshwater fish or specified freshwater fish.

Notes
  • Schedule 1AA clause 6: inserted, on , by section 17 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).