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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

107F: Applications to undertake aquaculture activities

You could also call this:

“Applying to farm the sea: rules for getting permission to do aquaculture in coastal areas”

When you apply for a coastal permit to do aquaculture activities in the coastal marine area, this section applies to your application. This section does not apply if your application is about an area that already has a special permit or lease. You can find more information about these special permits in the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, specifically in sections 10, 20, and 21.

When you make an application, the consent authority must send a copy of it to the chief executive of the Ministry of Fisheries as soon as possible. They must also send any extra information they get about your application to the chief executive. If people make submissions about your application, the consent authority must send these submissions to the chief executive after the submission period closes.

If you make a concurrent application under subpart 4 of Part 7A, the EPA only needs to send submissions that are about your application, not about the plan change request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119037.

Topics:
Environment and resources > Conservation Environment and resources > Farming and fishing
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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

107FApplications to undertake aquaculture activities

  1. This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2), including an application under subpart 4 of Part 7A.

  2. This section does not apply to an application that relates to—

  3. an area—
    1. that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to be a coastal permit granted under this Act; and
      1. where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
      2. an area that is or was subject to the coastal permit referred to in section 20A of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 and where, since the date the coastal permit was deemed to be granted, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
        1. an area in a gazetted aquaculture area within the meaning of section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

          1. The consent authority must take the following actions:

          2. unless the application is returned under section 88(3A), forward a copy of the application as soon as is reasonably practicable to the chief executive of the Ministry of Fisheries:
            1. if information or a report is obtained in relation to the application under section 41C, 42A, 92, or 149, forward that information or report as soon as is reasonably practicable to the chief executive:
              1. if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received.

                1. For the purposes of subsection (3)(c), in the case of a concurrent application made under subpart 4 of Part 7A that is lodged with the EPA, the copy of submissions required to be sent by the EPA to the chief executive is a copy of only those submissions that relate to the concurrent application and not those that relate to its plan change request.

                Notes
                • Section 107F: inserted, on , by section 26 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 107F(3)(a): amended, on , by section 103 of the Resource Management Amendment Act 2013 (2013 No 63).