Fisheries Act 1996

Aquaculture - Aquaculture decisions in relation to coastal permits

186H: Requirements for aquaculture decision

You could also call this:

"What to Do When Making a Decision About Aquaculture"

Illustration for Fisheries Act 1996

When you make an aquaculture decision, it must be in writing. You must define the areas that are subject to the decision and provide reasons for the decision. The decision must be notified to the regional council that requested it, the holder of the coastal permit, and the people who supplied information or were consulted. You can find more information about this in section 186D(1) and section 186D(3). The decision must also be made public in the Gazette and on the Internet.

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Part 9AAquaculture
Aquaculture decisions in relation to coastal permits

186HRequirements for aquaculture decision

  1. An aquaculture decision must—

  2. be in writing; and
    1. define the areas that are subject to the decision; and
      1. provide reasons for the decision; and
        1. be notified to—
          1. the regional council that requested the decision; and
            1. the holder of the coastal permit that the decision relates to; and
              1. the persons and organisations who supplied information to the chief executive under section 186D(1); and
                1. the persons and organisations consulted by the chief executive under section 186D(3).
                2. The fact that an aquaculture decision has been made and where a copy can be obtained must be—

                3. notified in the Gazette; and
                  1. made accessible via the Internet.
                    1. If the chief executive makes a determination, the determination may—

                    2. specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and
                      1. state that the condition may not be changed or cancelled until the chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation.
                        1. If the chief executive makes a reservation, the reservation must also include—

                        2. whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and
                          1. if the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
                            1. any other matters required by regulations to be included.
                              1. The chief executive must include, in the notification under subsection (1)(d),—

                              2. the information specified in subsections (1)(b) and (c), (3), and (4), as appropriate; and
                                1. information about where a copy of the determination or reservation can be obtained.
                                  Notes
                                  • Section 186H: substituted, on , by section 9 of the Fisheries Amendment Act 2011 (2011 No 68).