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Fast-track Approvals Act 2024

Amendments

Schedule 9: Approvals relating to complex freshwater fisheries activities

You could also call this:

"Rules for Approving Complex Freshwater Fishing Activities"

Illustration for Fast-track Approvals Act 2024

You need to know about approvals for complex freshwater fisheries activities. This is part of the Fast-track Approvals Act 2024. It is explained in a schedule which has extra information. When you apply for an approval, you must give certain information. This includes what you plan to do and how it might affect fish. You can find out what information you need to give by looking at section 42(4)(j) and section 13(4)(y)(vi). The person making the decision will look at your application. They will think about how your plan fits with best practice and guidelines. They will also think about how it might affect the environment and fish. You can find out more about this by looking at section 81 and the Freshwater Fisheries Regulations 1983.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1003375.

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Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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9Approvals relating to complex freshwater fisheries activities Empowered by s 115

1Interpretation

  1. In this schedule, complex freshwater fisheries activity approval means an approval described in section 42(4)(j).

2Information required in referral application including standard or complex freshwater fisheries activity

  1. The information required to be provided under section 13(4)(y)(vi) is the following:

  2. whether an in-stream structure is proposed (including formal notification of any dam or diversion structure) and the extent to which this may impede fish passage; and
    1. whether any fish salvage activities or other complex freshwater fisheries activities are proposed.

      3Information required in application for complex freshwater fisheries activity approval

      1. For the purpose of section 43(3)(j), an application for a complex freshwater fisheries activity approval must include the following information:

      2. in relation to the structure and any fish facility:
        1. a description of the type of structure or fish facility:
          1. the dimensions of the structure or fish facility:
            1. the design of the structure or fish facility:
              1. the placement of the structure or fish facility:
                1. the water flows:
                  1. the operating regime:
                  2. the freshwater species and values present (with particular focus on threatened, data-deficient, and at-risk species as defined in the New Zealand Threat Classification System):
                    1. the water quality and quantity in the surrounding habitat (at the proposed structure location, upstream and downstream):
                      1. how the passage of fish will be provided for or impeded.

                        4Report by Director-General of Conservation

                        1. The report referred to in section 51(2)(e) must include information about—

                        2. the alignment of the proposed activity with best practice and the New Zealand Fish Passage Guidelines; and
                          1. the management of risks to freshwater values or habitat, including prevention of access to or spread of invasive species; and
                            1. the availability and quality of the habitat upstream and downstream from the proposed activity; and
                              1. the presence of threatened, data-deficient, or at-risk species under the New Zealand Threat Classification System in the vicinity of the proposed activity; and
                                1. the advantages and disadvantages of providing fish passage upstream or downstream of the proposed activity; and
                                  1. any conditions that should be imposed in accordance with clause 6 or section 84.

                                    5Criteria for assessment of applications for complex freshwater fisheries activity approval

                                    1. For the purpose of section 81, the panel must take into account, giving the greatest weight to paragraph (a),—

                                    2. the purpose of this Act; and
                                      1. the alignment of the proposed activity with best practice and the New Zealand Fish Passage Guidelines; and
                                        1. how the proposed activity will manage risks to freshwater values or habitat, including prevention of access to or spread of invasive species; and
                                          1. the availability and quality of the habitat upstream and downstream of the proposed activity; and
                                            1. the presence of threatened, data-deficient, or at-risk species under the New Zealand Threat Classification System in the vicinity of the proposed activity; and
                                              1. the advantages and disadvantages of providing fish passage upstream or downstream of the proposed activity.

                                                6Conditions on complex freshwater fisheries activity approval

                                                1. A panel may impose conditions on an approval that the panel considers necessary to manage the effects of the activity on freshwater fish species, taking into account—

                                                2. best practice standards; and
                                                  1. the New Zealand Fish Passage Guidelines.

                                                    7Complex freshwater fisheries activity approval deemed to be issued under Freshwater Fisheries Regulations 1983

                                                    1. A complex freshwater fisheries activity approval has the same force and effect for its duration, and according to its terms and conditions, as if it were given under regulation 42 or 43 of the Freshwater Fisheries Regulations 1983.