Biosecurity Act 1993

Preliminary

7B: Relationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

You could also call this:

"Temporary exceptions to environmental rules to stop organisms that can cause big problems."

The Minister in charge can let someone off from following certain rules in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 if they are trying to get rid of or control an organism that is a threat. You need to be trying to stop an organism that could cause big problems, like economic loss, health issues, or environmental damage. The Minister must think it is a good idea to act quickly to stop the organism.

The Minister can only let someone off from following the rules for up to 20 working days. Before making a decision, the Minister must talk to the Authority and may also talk to other people who will be affected by the decision. If the Minister lets someone off from following the rules, the rules in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 do not apply while the exemption is in place.

After the exemption ends, the rules apply again, and the Minister must fix any problems that were caused while the rules were not being followed. The Minister must make sure that any bad effects are sorted out, just like they would have been if the exemption had not been granted. The Minister has to follow the rules in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 to fix the problems.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5307710.


Previous

7A: Relationship with Resource Management Act 1991, or

"How the law helps stop harmful organisms without breaking environment rules"


Next

7C: Public notice of decision to exempt action, or

"Telling the public about a decision to exempt an action to control pests or diseases"

Part 1Preliminary

7BRelationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

  1. The responsible Minister may exempt an action from the provisions of Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 if the action is taken in an attempt to eradicate or manage an organism under this Act and if—

  2. the action would be in breach of Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and
    1. the responsible Minister is satisfied that it is likely that—
      1. the organism is not established in the exclusive economic zone, the organism is not known to be established in the exclusive economic zone, or the organism is established in the exclusive economic zone but is restricted to certain parts of the exclusive economic zone; and
        1. the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in the exclusive economic zone, or if it becomes established throughout the exclusive economic zone, or if it spreads to New Zealand; and
          1. it is in the public interest that action be taken immediately in an attempt to eradicate or manage the organism.
          2. The exemption of an action under subsection (1) may last for up to 20 working days.

          3. Before making a decision under subsection (1), the responsible Minister—

          4. must consult the Authority (to the extent that is possible in the circumstances); and
            1. may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication or management attempt.
              1. If an exemption is granted under subsection (1) or continued by regulations made under section 7D, Part 2 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 does not apply to the action while the exemption continues.

              2. After the exemption ends,—

              3. the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 apply to the action and its adverse effects to the same extent as those provisions would have applied but for the exemption; and
                1. the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 would have applied if not for the exemption.
                  Notes
                  • Section 7B: inserted, on , by section 170 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).