Part 6
Resource consents
Decisions on applications relating to non-aquaculture activities
107FApplications to undertake aquaculture activities
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.
This section does not apply to an application that relates to—
- an area—
- 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
- 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
- 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
- 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
- an area in a gazetted aquaculture area within the meaning of
section 35
of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.
The consent authority must take the following actions:
- 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:
- 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:
- 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.
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).