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Natural Environment Bill

Enforcement and other matters - Regulations - Regulations relating to allocation of the use of natural resources

311: Conditions to be satisfied before regulations made under section 310

You could also call this:

"Before making new aquaculture rules, the Minister must follow these steps"

Illustration for Natural Environment Bill

The Minister in charge of aquaculture wants to make new rules under section 310. You need to know what the Minister must do before making these rules. The Minister must think about the natural environment plan and talk to people about the proposed rules. The Minister must be happy that the new rules are needed for aquaculture and do not break environmental limits. The natural environment plan must still work with other plans and rules after the new rules are made. The Minister must also think about how the new rules affect special areas and people's rights. The Minister must talk to other Ministers, groups, and the public about the proposed rules. You can comment on the proposed rules and the Minister will think about your comments. The Minister will make a report and tell everyone about it. The Minister can use one process to talk to people about many natural environment plans at the same time. This can happen if the Minister is making rules that change many plans and they follow the rules for talking to people. The Minister must still think about each plan and follow the rules for each one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521397.

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310: Regulations amending natural environment plans in relation to aquaculture activities and allocation processes, or

"Rules to change plans for fish and shellfish farming in the ocean"

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312: Regional council obligations, or

"What regional councils must do when new environment rules are made"

Part 6Enforcement and other matters
Regulations: Regulations relating to allocation of the use of natural resources

311Conditions to be satisfied before regulations made under section 310

  1. The Minister responsible for aquaculture must not recommend the making of regulations under section 310, unless the Minister—

  2. has first had regard to the provisions of the natural environment plan that will be affected by the proposed regulations; and
    1. has carried out consultation on the proposed regulations in accordance with this section; and
      1. is satisfied that—
        1. the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and
          1. the matters to be addressed by the proposed regulations are of regional or national significance; and
            1. the proposed regulations do not result in a rule in the natural environment plan that contravenes section 101; and
              1. the natural environment plan (as amended by the proposed regulations) meets the requirements in subsection (2); and
              2. has prepared an evaluation report under section 110 for the proposed regulations and had particular regard to that report when deciding whether to recommend the making of the regulations.

                1. The natural environment plan (as amended by the proposed regulations)—

                2. must not cause environmental limits to be breached; and
                  1. must continue to give effect to the following, without conflicting with or duplicating them:
                    1. any national policy direction:
                      1. any national standard:
                        1. relevant provisions in a regional spatial plan:
                          1. relevant provisions in an action plan; and
                          2. must be consistent with the regional spatial strategy.

                            1. When deciding whether to recommend the making of regulations that directly affect a customary marine title area, the Minister responsible for aquaculture must consider any content in a relevant planning document—

                            2. that has been lodged with the Minister under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 or lodged with the regional council under section 86 of that Act; and
                              1. that the Minister considers relevant to their decision.

                                1. When deciding whether to recommend the making of regulations that relate to the allocation of coastal space, the Minister responsible for aquaculture must consider how the proposed regulations affect any preferential rights described in clause 22 of Schedule 3.

                                2. When deciding whether to recommend the making of regulations that relate to paragraphs (b) to (d) of the definition of aquaculture-related resource in section 310(6), the Minister must have particular regard to the allocation principles.

                                3. The Minister responsible for aquaculture must consult on the proposed regulations with—

                                4. the Minister of Conservation; and
                                  1. other Ministers that the Minister responsible for aquaculture considers relevant to the proposed regulations; and
                                    1. any customary marine title group in the area covered by the natural environment plan; and
                                      1. any applicant group (within the meaning of section 9 of the Marine and Coastal Area (Takutai Moana) Act 2011) in the area covered by the natural environment plan; and
                                        1. the public, the relevant iwi authorities, and groups that represent hapū within the relevant region.

                                          1. When consulting organisations, people, and groups under subsection (6)(c) to (e), the Minister responsible for aquaculture—

                                          2. must notify them of the proposed regulations; and
                                            1. must establish a process that—
                                              1. the Minister responsible for aquaculture considers gives them adequate time and opportunity to comment on the proposed regulations; and
                                                1. requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
                                                2. must publicly notify the report and recommendation; and
                                                  1. is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.

                                                    1. A single consultation process may be used if—

                                                    2. the proposed regulations amend 2 or more natural environment plans at the same time; and
                                                      1. the requirements of subsections (6) and (7) are met in respect of each natural environment plan.