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Resource Management Act 1991

Occupation of common marine and coastal area - Order in which applications by existing consent holders are to be processed

165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities

You could also call this:

“Rules for deciding if someone can keep using the ocean for fish farming”

When you apply for a permit for a space that’s already used for aquaculture, the consent authority (the people who decide on your application) must look at all the important information about the existing coastal permit. This includes any monitoring data they have.

The consent authority will also look at how you’ve behaved in the past. They’ll check if you’ve followed the rules in the regional coastal plan and if you’ve stuck to the conditions of your resource consents for any aquaculture activities you’ve done before.

If you’ve broken any rules and been caught, the consent authority will consider a few things:

  1. How many times you’ve broken the rules
  2. How serious the rule-breaking was
  3. How recently you broke the rules
  4. How you’ve behaved since you were caught breaking the rules

The consent authority will think about all of these things, as well as other important matters under the law, when they’re deciding whether to give you a permit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236202.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Business > Industry rules
Government and voting > Local councils
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165ZI: Applications for space already used for aquaculture activities, or

“Rules for asking to use sea space that's already being used for fish farming”

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165ZK: Application, or

“This law explains when special rules apply to activities in the sea and coastal areas that people share.”

Part 7A Occupation of common marine and coastal area
Order in which applications by existing consent holders are to be processed

165ZJAdditional criteria for considering applications for permits for space already used for aquaculture activities

  1. When considering an application under section 165ZH that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.

  2. When considering an application to which section 165ZH or section 165ZI(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant's conduct in relation to—

  3. compliance with the relevant regional coastal plan; and
    1. compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant.

        1. In making an assessment under subsection (1)(a) and (b), the council must, in relation to any successful enforcement action under Part 12, consider—

        2. the number of any breaches that have occurred; and
          1. the seriousness of the breach; and
            1. how recently the breach occurred; and
              1. the subsequent behaviour of the applicant after enforcement action.

                Notes
                • Section 165ZJ: inserted, on , by section 20 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                • Section 165ZJ(1AA): inserted, on , by section 54(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 165ZJ(1): amended, on , by section 54(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 165ZJ(1)(c): repealed, on , by section 54(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).