Maritime Transport Act 1994

Consequential amendments, transitional provisions, and repeals

476: Applications for permits under Marine Pollution Act 1974

You could also call this:

"Applying for a permit to protect the sea from pollution"

If you applied for a permit under the Marine Pollution Act 1974 before the Maritime Transport Act 1994 started, the Minister will deal with your application. The Minister will look at your application and decide what to do with it. You can find more information about the coastal marine area in the Resource Management Act 1991.

If your application is about the coastal marine area, the regional council or territorial authority will be told about it. They can write a report to the Minister about your application. The Minister can ask the regional council or territorial authority for more information to help make a decision.

When the Minister is deciding about your application, they can look at the Resource Management Act 1991. They can also add conditions to your permit, like the ones described in section 108 of that Act.

If you get a permit for the coastal marine area, it will be treated like a coastal permit from the regional council under the Resource Management Act 1991. This means that the rules from that Act will apply to your permit.

Even if you have a coastal permit, you still cannot do anything that would break the rules in section 12 or section 15 of the Resource Management Act 1991.

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Part 31Consequential amendments, transitional provisions, and repeals

476Applications for permits under Marine Pollution Act 1974

  1. Where, before the date of the commencement of this Act, an application has been made for a permit under section 22B of the Marine Pollution Act 1974 and the application has not been granted, declined, or withdrawn before that date, the Minister shall deal with that application.

  2. Where an application to which subsection (1) applies relates to the coastal marine area (as defined in the Resource Management Act 1991),—

  3. the appropriate regional council or regional councils or territorial authority or territorial authorities shall be notified of that application:
    1. a regional council or territorial authority notified of the application may report to the Minister, in writing, on any aspect of the application:
      1. the Minister may request and receive information from any regional council or territorial authority to assist in determining the application.
        1. In determining an application that relates to the coastal marine area, the Minister may—

        2. have regard to the provisions of the Resource Management Act 1991; and
          1. in addition to any other conditions, impose conditions of the kind described in section 108 of that Act.
            1. Where any permit is issued under this section, in relation to the coastal marine area, that permit shall be deemed for all purposes (including appeals) to be a coastal permit issued by the appropriate regional council under the Resource Management Act 1991 and the provisions of that Act shall apply accordingly.

            2. Notwithstanding section 12(6) or section 15(3) of the Resource Management Act 1991, a coastal permit deemed by subsection (2) to have been granted does not authorise any person to do anything that would otherwise contravene section 12 or section 15 of that Act.