165ZFHHARestrictions on section 128 review of conditions of extended coastal permits

1. This section applies until 3 September 2030 to a coastal permit that is extended by section 165ZFHC.

2. A consent authority must not give notice under section 128(1) of its intention to review the conditions of the permit unless—

3. the notice is given under section 128(1)(ba); or
4. the following criteria are met:
   1. the permit expressly allows for a review of the conditions for the purpose of an adaptive management approach; and
   2. the review is to be carried out for that purpose only; and
   3. the review is to be carried out at a time specified in the permit for that purpose.

5. In subsection (2), an adaptive management approach—

6. means a systematic and iterative process of decision making that aims to reduce and manage uncertainty about the environmental effects of an activity over time through—
   1. monitoring the activity and its effects; and
   2. making changes to management in response to the results of that monitoring; and
7. can include management by a staged development programme, each stage proceeding only when the monitoring of the biological or physical effects of the previous stage demonstrates that the adverse effects—
   1. are within limits prescribed in the provisions of the relevant coastal permit; and
   2. are reversible.

8. To avoid doubt, this section does not affect a review of conditions required under section 128(2).