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Natural Environment Bill

Enforcement and other matters - Regulations - Natural resource levies

313: Regulations relating to natural resource levies

You could also call this:

"Rules for charging people to use natural resources like water or land"

Illustration for Natural Environment Bill

The Governor-General can make rules about charging people for using natural resources. You will be charged for using certain natural resources, like water or land. The Minister can suggest these rules to help manage natural resources. The rules can say who has to pay the charge and how much they have to pay. They can also say how the money from the charges will be used. Some groups, like protected customary rights groups, might not have to pay the charge. The Minister can suggest rules for several reasons, including to help regional councils do their job. The rules can be different for different natural resources and locations. They can also say how regional councils have to report on the charges they collect. The rules are a type of law called secondary legislation, which has its own publication requirements, as outlined in the Legislation Act 2019. You can find more information about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1531748.

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Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingEnvironment and resources > Town planningMoney and consumer rights > TaxesGovernment and voting > Local councils
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312: Regional council obligations, or

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

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314: Conditions to be satisfied before regulations made under section 313, or

"Rules the Minister must follow before making new environment regulations"

Part 6Enforcement and other matters
Regulations: Natural resource levies

313Regulations relating to natural resource levies

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing a levy for the taking or use of natural resources specified in section 223.

  2. The Minister may recommend the making regulations under this section for the following purposes:

  3. to—
    1. fund the resolution of issues resulting from over allocation of a resource in a management unit; or
      1. provide for efficient use of natural resources:
      2. to fund central Government and regional councils to undertake their functions and duties, and exercise their powers under this Act, to the extent that the costs of those activities are not recovered through other mechanisms under this Act.

        1. Regulations made under this section may—

        2. identify the taking or use of natural resource to which the levy applies; and
          1. set different levy rates for different natural resources and different locations; and
            1. prescribe the amount of the levy or a method for calculating the amount; and
              1. specify who is liable to pay the levy; and
                1. provide for exemptions from or waivers of a levy, in whole or in part, in any class of case, including prescribing any criteria that must be met for an exemption to apply; and
                  1. identify any proportion of the levy that may be retained or transferred to persons specified in the regulations; and
                    1. specify how any proportion transferred under paragraph (f) may be used by the specified person, including any conditions that must be satisfied before the transferred portion of the levy is used; and
                      1. set out reporting obligations of regional councils in relation to levies set under paragraph (h); and
                        1. direct 1 or more regional councils to undertake 1 or more of the matters specified in paragraphs (a) to (d) in accordance with prescribed procedures and subject to prescribed conditions.

                          1. The following are exempt from any charges prescribed by regulations made under this section:

                          2. a protected customary rights group—
                            1. when exercising a protected customary right for which they are not liable under section 52(2) of the Marine and Coastal Area (Takutai Moana) Act 2011; and
                              1. when exercising any other protected customary right under that Act:
                              2. a customary marine title group—
                                1. when exercising a customary right for which they are not liable under section 60(2) of that Act; and
                                  1. when undertaking an activity in relation to their customary marine title area.

                                  2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                  Notes