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Resource Management Act 1991

Transitional provisions - Transitional resource consents

401A: Transitional coastal occupation charges

You could also call this:

“Rules about paying to use the coast until new plans are made”

If you’re using the coastal marine area, either with permission or because a plan allows it, you might need to pay a charge. This rule applies from when this section starts until a new plan is made or until 30 June 2007, whichever comes first. If the regional council asks, you must pay the amount set by the government rules.

The regional council can only use the money they collect from these charges to help look after the coastal marine area in a good way.

For a while, when regional councils make or change their coastal plans, they don’t have to follow all the usual rules about coastal occupation charges.

If a regional council hasn’t included rules about coastal occupation charges in their plan by a certain date, they must add them in the next plan or change they make after that date.

The ‘certain date’ mentioned above is three years after a specific part of another law came into effect.

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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
Government and voting > Local councils
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“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

“If you use the sea, you might need to pay money to the local government”

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).