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Natural Environment Bill

Combined plan and other matters - National environment plans - Further matters relating to rules

99: Rules may allocate natural resource activity

You could also call this:

"Rules can decide how natural resources like water or land are used."

Illustration for Natural Environment Bill

The proposed law says a rule in a plan can decide how a natural resource is used. You can think of a natural resource like water or land that people use for different activities. A rule can allocate a natural resource, but it must follow some conditions. A rule that allocates a natural resource cannot change how much of the resource is already being used under an existing permit. You can allocate a natural resource for when an existing permit expires, and you can choose how to allocate it. For example, you can allocate all of the resource to the same type of activity or split it between different activities. The rule can also decide how to share the natural resource among different activities that are competing for it. However, the rule must not affect certain activities that are already allowed under the law, such as those related to water, heat, or energy from water, as stated in section 20(4)(b) to (e). The rule can allocate the natural resource as a fixed amount or as a proportion of the available resource.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1542783.

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"What a natural environment plan must include"


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100: Rules relating to market-based allocation process or comparative permitting process, or

"Rules for Deciding Who Gets Resource Permits"

Part 3Combined plan and other matters
National environment plans: Further matters relating to rules

99Rules may allocate natural resource activity

  1. A rule in a plan may allocate a natural resource use activity.

  2. A rule that allocates a natural resource use activity—

  3. must not allocate the amount of a natural resource that is already allocated by an existing permit, while that permit is valid; and
    1. may allocate a natural resource in anticipation of the expiry of an existing permit and, in doing so, may—
      1. allocate all of the resource used for an activity to the same type of activity; or
        1. allocate some of the resource to the same type of activity and the rest to any other type of activity or no type of activity; and
        2. may allocate the resource among competing types of activities; and
          1. must not allocate water, heat, or energy from water in a way that affects the activities authorised by section 20(4)(b) to (e); and
            1. may allocate natural resource use as a fixed amount or as a proportion of the available resource.