Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

112: Obligation to pay rent and royalties deemed condition of consent

You could also call this:

“Paying rent and royalties is a condition of getting a coastal or water permit”

If you get a coastal permit to remove natural materials like sand or shell from the coast, you must pay rent and royalties to the regional council. You pay on behalf of the Crown, and the amount is decided by regulations made under section 360(1)(c). You also pay if you have a water permit to use geothermal energy.

If you do something that would otherwise break the rules, like taking geothermal energy, your permit will have a condition that you pay the regional council. The amount you pay is decided by regulations made under section 360(1)(c). You pay the regional council on behalf of the Crown.

If an activity is allowed in a plan, the plan will have a condition that you pay the regional council. You pay on behalf of the Crown, and the amount is decided by regulations made under section 360(1)(c). This applies to activities like removing natural materials or using geothermal energy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234852.


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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

112Obligation to pay rent and royalties deemed condition of consent

  1. In every coastal permit authorising the holder to—

    1. remove any sand, shingle, shell, or other natural material, within the meaning of section 12(4), from any such land—
      1. there shall be implied a condition that the holder shall at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown,—
      2. where the permit was permitted to be granted by virtue of an authorisation granted under section 161, the rent and royalties (if any) specified in the authorisation held by the permit holder; and
        1. any sum of money required to be paid by any regulation made under section 360(1)(c).
          1. In every water permit granted to do something that would otherwise contravene section 14(2)(c) (relating to the taking or use of geothermal energy) there shall be implied a condition that the holder shall at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulation made under section 360(1)(c).

          2. Where an activity specified in subsection (1) or subsection (2) is a permitted activity in a plan, there shall be implied as a condition in the plan that the person undertaking the activity shall at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)(c).

          Notes
          • Section 112 heading: amended, on , by section 28 of the Resource Management Amendment Act 1997 (1997 No 104).
          • Section 112(1)(a): repealed, on , by section 28 of the Resource Management Amendment Act 1997 (1997 No 104).
          • Section 112(1)(b): amended, on , by section 61(1) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 112(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 112(3): inserted, on , by section 61(2) of the Resource Management Amendment Act 1993 (1993 No 65).