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Resource Management Act 1991

Transitional provisions - Transitional resource consents

383A: Existing permissions to allow use of beds of lakes and rivers

You could also call this:

“Old permissions for using lake and river beds are now treated like special approvals under the new rules.”

If you had permission to use the beds of lakes and rivers before this law came into effect, your permission will still be valid. The regional council will treat your old permission as if it were a new resource consent under section 13 of this Act. The same rules that applied to your old permission will still apply, as long as they don’t clash with this new law.

Even though you have this permission, you can’t do activities mentioned in section 13 unless you also have all the other permits and approvals you needed before this law started. This is explained in section 418(3), (3A), (3B), and (3C).

For three years after this law starts, you can ask the regional council to change your permission. You can ask them to add conditions that could have been part of your old permission before 1 October 1991. This will help make sure your permission allows you to do the activities you want to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239855.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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383: Existing permissions to become land use consents, or

“Old permissions for using land are now treated as new land use consents with the same rules.”

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“Old permits for using coastal areas become new coastal permits under updated rules”

Part 15 Transitional provisions
Transitional resource consents

383AExisting permissions to allow use of beds of lakes and rivers

  1. Every Order in Council made under section 175 of the Harbours Act 1950 and every approval granted under section 178(1)(b) or (2) of that Act (or the corresponding provisions of any former enactment) in respect of any area in a region which is river bed or lake bed, and that is in force immediately before the date of commencement of this Act, shall be deemed to be a resource consent required under section 13, and to have been granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate regional council; and the provisions of this Act shall apply accordingly.

  2. Notwithstanding section 13 but subject to section 418(3), (3A), (3B), and (3C), a person who is the holder of a resource consent referred to in subsection (1) shall not thereby be authorised to carry out any activity referred to in section 13 except where that person also holds every other permission, licence, permit, or approval that, immediately before the date of commencement of this Act, he or she was legally required to hold in order to carry out the activity.

  3. Notwithstanding subsection (2), every resource consent deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the consent, at any time within 3 years after the date of commencement of this Act, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that permit, matters that could have been included in a licence, permit, or approval required before 1 October 1991 and of enabling the consent to authorise the activity.

Notes
  • Section 383A: inserted, on , by section 175 of the Resource Management Amendment Act 1993 (1993 No 65).