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Resource Management Act 1991

Transitional provisions - Transitional resource consents

400: Applications under Marine Farming Act 1971 for prohibited anchorages, etc

You could also call this:

“ Old rules about restricted areas in marine farms continue until new decisions are made ”

If you applied for permission to declare part of a licensed area as a prohibited anchorage or navigation area before this Act started, your application will be handled under the old Marine Farming Act 1971. If your application is approved, the prohibition will stay in force even though section 28 of that Act has been repealed. The rules about these prohibitions in section 28 will still apply as if this new Act hadn’t been made.

If a part of a lease or licence under the Marine Farming Act 1971 was already declared as a prohibited anchorage or navigation area before this Act began, and that prohibition is still active, it will remain in force. The rules about these prohibitions in section 28 will continue to apply as if this new Act hadn’t been made.

After this Act starts, regional councils can still carry out the tasks that controlling authorities used to do under section 28(5) of the Marine Farming Act 1971. However, if a regional council wants to make a new declaration under that section, they need to get permission from the Minister of Fisheries first. The Minister of Transport also needs to agree with this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240343.

Topics:

Environment and resources > Farming and fishing

Government and voting > Local councils

399: Applications received on same day, or

“Rules for deciding which application to process first when multiple requests are received on the same day”

401: Conditions of deemed resource consents, or

“Rules for old permits now follow new rules set by the people in charge of giving out permits”

Part 15 Transitional provisions
Transitional resource consents

400Applications under Marine Farming Act 1971 for prohibited anchorages, etc

Where, immediately before the date of commencement of this Act, an application has been made under section 28(1) of the Marine Farming Act 1971 for permission to declare any specified part of a licensed area to be a prohibited anchorage or a prohibited navigation area and that application had not been determined—
the application shall be determined under the Marine Farming Act 1971 as if this Act had not been enacted; and
if the controlling authority grants the application, then notwithstanding the repeal of section 28 of that Act, but subject to subsection (3), such prohibition shall remain in force and the provisions of subsections (4) to (8) of the said section 28 shall continue to apply to that prohibition as if this Act had not been enacted.

Where, immediately before the date of commencement of this Act, any part of a lease or licence under the Marine Farming Act 1971 has been declared to be a prohibited anchorage or a prohibited navigation area under section 28(4) of that Act and such prohibition remains in force, then notwithstanding the repeal of section 28 of that Act, but subject to subsection (3), such prohibition shall remain in force and the provisions of subsections (4) to (8) of the said section 28 shall continue to apply to that prohibition as if this Act had not been enacted.
After the date of commencement of this Act, those functions that were exercisable by a controlling authority under section 28(5) of the Marine Farming Act 1971 before the repeal of that subsection by this Act may continue to be exercised by any regional council in accordance with that subsection as if that subsection remained in force, but the regional council shall not make any declaration under that subsection without the prior consent of the Minister of Fisheries given with the concurrence of the Minister of Transport.