Fisheries Act 1996

Aquaculture - Aquaculture decisions in relation to coastal permits

186GA: Aquaculture decisions must not be made in relation to certain areas

You could also call this:

"Some areas are protected, so aquaculture decisions can't be made about them."

Illustration for Fisheries Act 1996

The chief executive cannot make aquaculture decisions about certain areas. You need to know what these areas are. They include areas with certain permits under the Resource Management Act 1991, such as a coastal permit. The chief executive also cannot make decisions about areas that are in a gazetted aquaculture area, as defined in section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004. You can find more information about this in the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, which is available on the New Zealand legislation website. This applies to areas with certain permits. Some areas have special rules, such as those with a coastal permit to which section 114(6) of the Resource Management Act 1991 applies, which you can read about on the New Zealand legislation website. The chief executive cannot make aquaculture decisions about these areas either. These rules help manage aquaculture activities.

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186GAA: Aquaculture decisions must not be made in relation to certain areas, or

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Part 9AAquaculture
Aquaculture decisions in relation to coastal permits

186GAAquaculture decisions must not be made in relation to certain areas

  1. The chief executive must not make an aquaculture decision in relation to—

  2. an area—
    1. 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 the Resource Management Act 1991; and
      1. 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 the Resource Management Act 1991; or
      2. 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 the permit or another permit granted under the Resource Management Act 1991; or
        1. an area that is in a gazetted aquaculture area within the meaning of section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or
          1. an area that is subject to a coastal permit to which section 114(6) of the Resource Management Act 1991 applies.
            Notes
            • Section 186GA: inserted, on , by section 8 of the Fisheries Amendment Act 2011 (2011 No 68).
            • Section 186GA(a)(ii): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
            • Section 186GA(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
            • Section 186GA(d): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).