150CEarlier expiry of moratorium in relation to specified areas

1. The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than 31 December 2004 as the date on which the moratorium ends in relation to a coastal marine area described in the order.

2. The Minister must not make a recommendation unless—

3. the regional council concerned has requested the Minister to make the recommendation; and
4. the Minister is satisfied, based on information and explanations provided by the regional council, that—
   1. a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and
   2. the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and
   3. the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future.

5. The Minister must make a recommendation under subsection (1) within 40 working days after receiving a request if the Minister is not prevented by subsection (2) from making the recommendation.

6. For the purposes of subsection (3), sections 37 and 37A apply, with all necessary modifications, as if the Minister were acting as a consent authority.

7. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).