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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Regional coastal plan provisions relating to occupation of common marine and coastal area

165F: Provisions about occupation of common marine and coastal area

You could also call this:

“Rules about how people can use shared ocean and coastal areas”

You should know that a regional coastal plan can include rules about how people use and occupy common marine and coastal areas. These rules can help manage the effects of occupation and competition for space in these areas.

The plan might say that you can’t apply for a coastal permit to occupy space until after a certain date. This date will be announced publicly.

The plan can also allow the consent authority to look at multiple applications for coastal permits at the same time. This can happen when people want to use the same space or nearby spaces in a common marine and coastal area. The authority can also consider related applications together.

There might be limits on what you can do in these spaces. The plan can restrict the type, intensity, or scale of activities. It can also limit how much space you can use for certain activities.

If you already have an authorisation, you don’t have to wait for the date mentioned earlier to apply for a coastal permit.

These rules in the plan can apply to one activity, several types of activities, or all activities in the common marine and coastal area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236032.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

165E: Applications in relation to aquaculture settlement areas, or

“Rules about who can ask to use special sea areas for fish farming and other activities”

165G: Plan may specify allocation methods, or

“A plan can say how to share out space in the coastal area for different activities.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Regional coastal plan provisions relating to occupation of common marine and coastal area

165FProvisions about occupation of common marine and coastal area

A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice:
that the consent authority may process and hear together applications for coastal permits for the occupation of—
1. the same space in a common marine and coastal area; or
2. different spaces in a common marine and coastal area that are in close proximity to each other:
that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b):
limits on—
1. the character, intensity, or scale of activities associated with the occupation of space:
2. the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.

However, a rule made for the purposes of subsection (1)(a) does not apply to an application made for a coastal permit under an authorisation.
For the purposes of subsection (1), a provision in a regional coastal plan or proposed regional coastal plan may relate to an activity, 1 or more classes of activities, or all activities.

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Notes

Section 165F: replaced, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).