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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Natural resource use activity applications by existing permit holder or other

184: Applications by person who is not existing permit holder

You could also call this:

"Applying for a permit when you don't already have one"

Illustration for Natural Environment Bill

When you apply for a natural resource permit and you do not already hold a permit for the same activity, the permit authority will handle your application in a special way. You must apply more than 3 months before the existing permit expires, and the new permit cannot be used until the old one expires. The permit authority will tell the existing permit holder about your application. The permit authority will not process your application right away. They will wait to see what the existing permit holder decides to do. If the existing permit holder does not want to apply for a new permit, the permit authority will process your application. If the existing permit holder applies for a new permit, the permit authority will wait until that application is decided before processing yours. If the existing permit holder's application is approved, your application will be cancelled to the extent that the existing permit holder has been granted the use of the resource. The permit authority must follow these rules when dealing with applications like yours. They will hold your application and wait for the existing permit holder to make a decision. This process ensures that the permit authority handles applications fairly and in accordance with the proposed law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557551.

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Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingBusiness > Industry rules
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183: Application by existing permit holder, or

"Applying to keep using a natural resource if you already have a permit"

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185: Change or cancellation of permit condition on application by permit holder, or

"Changing or Cancelling a Permit Condition"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Natural resource use activity applications by existing permit holder or other

184Applications by person who is not existing permit holder

  1. This section applies when—

  2. a person makes an application for a natural resource permit to undertake an activity under any of sections 18, 19, 20, and 21 using a natural resource; and
    1. the person does not hold an existing permit for the same activity using some or all of the same natural resource; and
      1. a permit granted as a result of the application could not be fully exercised until the expiry of the permit described in section 183(1)(a); and
        1. the person makes the application more than 3 months before the expiry of the permit described in section 183(1)(a).

          1. The permit authority must—

          2. hold the application without processing it; and
            1. notify the holder of the existing permit—
              1. that the application has been received; and
                1. that the holder may make an existing permit application.

                2. If the holder of the existing permit notifies the permit authority in writing that the holder does not propose to make an existing permit application, the permit authority must process and determine the application described in subsection (1)(a).

                3. If the holder of the existing permit does not make an existing permit application more than 3 months before the expiry of the permit, the permit authority must process and determine the application described in subsection (1)(a).

                4. If the holder of the existing permit makes an existing permit application more than 3 months before the expiry of the permit, the permit authority must hold the application described in subsection (1)(a) until the determination of the holder's application and any appeal.

                5. If the result of the determination of the holder's application and any appeal is that the holder's existing permit application is granted, the application described in subsection (1)(a) lapses to the extent to which the use of the resource has been granted to the holder.