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Resource Management Act 1991

Transitional provisions - Transitional resource consents

401A: Transitional coastal occupation charges

You could also call this:

“Paying to use the coastal area: rules for charges and managing the coastline”

If you are using the coastal marine area, you might have to pay a charge. You will pay this charge to the regional council if they ask you to. The charge is set by regulations made under section 360(1)(c).

The regional council can only use the money they get from these charges for managing the coastal marine area. They want to make sure the area is managed in a sustainable way. This means they will use the money to help keep the area healthy.

If a regional council is making a new plan for the coastal marine area, they do not have to follow all the usual rules until a certain date. This date is called the expiry date. The expiry date is three years after section 59 of the Resource Management Amendment Act (No 2) 2011 started.

If the regional council has not made a plan for coastal occupation charges by the expiry date, they must include one in their next plan. They have to follow the rules in section 64A when they make this plan. This plan will say how much you have to pay to use the coastal marine area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240345.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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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"

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401B: Obligation to pay coastal occupation charge deemed condition of consent, or

"You must pay a coastal charge if you use the coastal area, it's part of your permit."

Part 15 Transitional provisions
Transitional resource consents

401ATransitional coastal occupation charges

  1. Where a person is occupying the coastal marine area, either as a holder of a resource consent or as a result of permitted activity in a plan, there is implied a condition that that person must, from the commencement of this section until a regional coastal plan or plan change is operative which contains either a charging regime or a statement to the effect that no regime may be introduced or 30 June 2007 (whichever is earlier), pay to the relevant regional council, if requested by that regional council, any sum required to be paid for the occupation of the coastal marine area by any regulations made under section 360(1)(c).

  2. Any money received by the regional council under subsection (1) may be used only for the purpose of promoting the sustainable management of the coastal marine area.

  3. Where a regional council prepares or changes a regional coastal plan or proposed regional coastal plan in the period from the commencement of this section until the expiry date, that plan is not required to comply with section 64A.

  4. Where no provision for coastal occupation charges has been made in a regional coastal plan or proposed regional coastal plan by the expiry date, the regional council must, in the first proposed regional coastal plan or change to a regional coastal plan notified on or after the expiry date, include a statement or regime on coastal occupation charges in accordance with section 64A.

  5. In this section, expiry date means the date that is 3 years after the commencement of section 59 of the Resource Management Amendment Act (No 2) 2011.

Notes
  • Section 401A: inserted, on , by section 62 of the Resource Management Amendment Act 1997 (1997 No 104).
  • Section 401A(1): amended, on , by section 28(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
  • Section 401A(3): amended, on , by section 59(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
  • Section 401A(4): amended, on , by section 59(2)(a) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
  • Section 401A(4): amended, on , by section 59(2)(b) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
  • Section 401A(5): inserted, on , by section 59(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).