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Resource Management Act 1991

Transitional provisions - Transitional regional plans

368: Existing notices, bylaws, etc, to become regional plans

You could also call this:

"Old rules about the environment will become part of regional plans to help keep areas safe and healthy."

When this Act starts, some old rules will become part of a regional plan. You will find these rules in a region, but not in the coastal marine area. They will be part of the plan from the start of this Act.

These old rules include things like water conservation notices and classifications. They also include rules about the quality of water and authorisations. You can find these rules in laws like the Water and Soil Conservation Act 1967, the Soil Conservation and Rivers Control Act 1941, and the Clean Air Act 1972.

Some bylaws will also become part of a regional plan if they could be the subject of a regional rule. You can find these bylaws in laws like section 149 or section 150 of the Soil Conservation and Rivers Control Act 1941. Other laws like section 50 of the Land Drainage Act 1908 and section 34(2) of the Soil Conservation and Rivers Control Amendment Act 1959 also have these bylaws.

These rules will be in the regional plan until they are no longer needed. They will help keep the region's environment safe and healthy. You can learn more about these rules and how they work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239804.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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367: Effect of regional planning schemes, or

"Old regional plans still matter a bit until new ones are made"

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369: Provisions deemed to be regional rules, or

"Rules that help keep our environment healthy and are part of regional plans"

Part 15Transitional provisions
Transitional regional plans

368Existing notices, bylaws, etc, to become regional plans

  1. Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region except in the coastal marine area immediately before the date of commencement of this Act, a regional plan (not being a regional coastal plan) shall be deemed to be constituted for that region, which plan shall—

  2. include as provisions of the plan such of those instruments as applied to that part of the region except in the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and
    1. be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Part.

      1. The instruments to which subsection (1) applies are as follows:

      2. local water conservation notices published in the Gazette under section 20H of the Water and Soil Conservation Act 1967:
        1. final water classifications notified under section 26F of the Water and Soil Conservation Act 1967 and classifications deemed to be classifications made under section 26E of that Act by section 25(2)(b) of the Water and Soil Conservation Amendment Act (No 2) 1971:
          1. maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water, fixed under section 20J of the Water and Soil Conservation Act 1967:
            1. authorisations that have been notified under section 22 of the Water and Soil Conservation Act 1967:
              1. any bylaw made under—to the extent that the subject matter of the bylaw could be the subject matter of a regional rule:
                1. section 149 or section 150 of the Soil Conservation and Rivers Control Act 1941; or
                  1. section 34A of the Water and Soil Conservation Act 1967 or section 4 of the Water and Soil Conservation Amendment Act 1973; or
                    1. section 50 of the Land Drainage Act 1908; or
                      1. section 24(2) or section 55A of the Clean Air Act 1972—
                      2. notices under section 34(2) of the Soil Conservation and Rivers Control Amendment Act 1959 which were notified on or after the day that is 2 years before the date of commencement of this Act:
                        1. the Clean Air Zone (Christchurch) Order 1977 (except for clause 5G) and the Clean Air Zones (Canterbury Region) Order 1984 (except for clause 5), and sections 2, 7, 8, 10, 15, 16(1), 16(2), 17, 19, and 20 of, and Schedules 1 and 2 of, the Clean Air Act 1972 and the Clean Air (Smoke) Regulations 1975, in so far as they apply in relation to the clean air zones declared by those orders.