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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Commencement

177: When coastal permit for certain aquaculture activities may commence

You could also call this:

"When a coastal permit for fish farming can start"

Illustration for Natural Environment Bill

The government is proposing a new law that affects coastal permits for aquaculture activities. You need to know when these permits can start. A coastal permit can start when the chief executive of the Ministry makes a decision about it and tells the permit authority. The permit authority must then update the permit and tell you when it starts. If the chief executive makes a reservation about fishing, the permit authority must change the permit. They must remove the areas affected by the reservation or show the areas affected. You will get a new copy of the permit and be told when it starts. In some cases, the permit will not start until an agreement or declaration is registered. If this happens, the permit authority will update the permit and tell you when it starts. If no agreement or declaration is registered, the permit authority will cancel the permit for the affected areas. The permit authority must follow these rules even if the permit was granted under a different section of the law. They must cancel the permit if the chief executive makes a reservation for the entire permit area. You will be told what is happening with your permit and when it starts or is cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521175.

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Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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176: Commencement of permit where customary marine title order or agreement in effect, or

"When a special marine title is in place, here's how permits to use the ocean or coast start"

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178: Duration of natural resource permit, or

"How long a natural resource permit can last"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Commencement

177When coastal permit for certain aquaculture activities may commence

  1. A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section unless it is a coastal permit that does not require an aquaculture decision under the Fisheries Act 1996 (in which case section 175(a) applies).

  2. If the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 (the chief executive) makes a determination in relation to the permit, and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as is reasonably practicable,—

  3. amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive makes a further aquaculture decision; and
    1. notify the applicant that the permit commences in respect of the area that is the subject of the determination on the date of notification under this paragraph or, if the permit specifies a later commencement date, on that date.

      1. If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as reasonably practicable,—

      2. amend the permit to remove the areas affected by the reservation; and
        1. provide the applicant with a copy of the amended permit; and
          1. cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

            1. If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the permit authority of that decision in accordance with section 186H of the Fisheries Act 1996, the permit authority must, as soon as is reasonably practicable,—

            2. amend the permit to show the areas affected by the reservation; and
              1. provide the applicant with a copy of the amended permit; and
                1. notify the applicant that the permit will not commence in the area affected by the reservation, unless—
                  1. an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
                    1. a compensation declaration has been registered under section 186ZHA of the Fisheries Act 1996.

                    2. If subsection (4) applies and the chief executive has notified the permit authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the permit authority must, as soon as reasonably practicable,—

                    3. amend the permit so that it no longer shows the areas affected by the reservation; and
                      1. provide the applicant with a copy of the amended permit; and
                        1. notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.

                          1. If subsection (5) applies, then for the purposes of section 181(b), the entire permit, as amended, is to be treated as having commenced on the commencement date notified under subsection (5)(c), unless the permit states a later date.

                          2. If subsection (4) applies and the chief executive has notified the permit authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the permit authority must, as soon as is reasonably practicable,—

                          3. amend the permit to remove the areas affected by the reservation; and
                            1. provide the applicant with a copy of the amended permit; and
                              1. cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

                                1. If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the permit authority must cancel the permit by written notice served on the applicant.

                                2. Subsections (3) and (7) apply even if the permit was granted under section 165.