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Resource Management Act 1991

Transitional provisions - Transitional resource consents

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

You could also call this:

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

If you have a coastal permit that lets you use part of the common marine and coastal area, there’s an important rule you need to know. This rule applies to permits given out between 1 October 1991 and when a new regional coastal plan starts working for that area.

The rule says that you have to pay money to your regional council if the plan says you need to. This is part of your permit, even if it’s not written down. You have to keep paying this money for as long as you have the permit.

The amount you need to pay, if any, will be set out in the regional coastal plan. This plan will include special rules about using the coastal area, as mentioned in section 64A of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240351.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
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401A: Transitional coastal occupation charges, or

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

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402: Existing subdivision approvals, or

“Old rules still apply to subdivisions that were already approved before the new law started”

Part 15 Transitional provisions
Transitional resource consents

401BObligation to pay coastal occupation charge deemed condition of consent

  1. In every coastal permit that—

  2. authorises the holder to occupy any part of the common marine and coastal area; and
    1. was granted in the period commencing on 1 October 1991 and ending on the date a regional coastal plan containing provisions in accordance with section 64A is operative in relation to the part of the coastal marine area that the permit relates to,—
        1. there is implied a condition that the holder must at all times throughout the period of the permit pay to the relevant regional council any sum of money required to be paid (if any) by that regional coastal plan.

      Notes
      • Section 401B: inserted, on , by section 62 of the Resource Management Amendment Act 1997 (1997 No 104).
      • Section 401B(a): replaced, on , by section 117 of the Resource Legislation Amendment Act 2017 (2017 No 15).