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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:

"Rules about stopping boats from anchoring in certain areas, made before this law, still apply"

If you made an application under the Marine Farming Act 1971 to stop boats anchoring or navigating in a certain area, and the application was not decided before this Act started, it will still be decided under the Marine Farming Act 1971. You will get a decision as if this Act did not exist. If your application is approved, the rules to stop boats anchoring or navigating will stay in place.

If an area was already stopped from being used by boats before this Act started, the rules will still apply. The rules from the Marine Farming Act 1971 will keep being used, even though some parts of that Act are no longer in force. Regional councils can still make decisions about these areas, but they need to get permission from the Minister of Fisheries and the Minister of Transport first.

Regional councils can keep doing what they were doing under the Marine Farming Act 1971, but they need to follow the rules that were in place before this Act started. They need to get permission before making any new decisions about stopping boats from anchoring or navigating in certain areas. This permission must come from the Minister of Fisheries, who needs to agree with the Minister of Transport.

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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 > ConservationEnvironment and resources > Farming and fishingTransport and travel > Boating
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Part 15Transitional provisions
Transitional resource consents

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

  1. 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—

  2. the application shall be determined under the Marine Farming Act 1971 as if this Act had not been enacted; and
    1. 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.

      1. 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.

      2. 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.