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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 getting permission to do big jobs in rivers and lakes that might affect fish”

This schedule explains how to get approval for complex freshwater fisheries activities. You need to provide information about any structures you want to build in the water and how they might affect fish. You also need to tell about any fish salvage activities you plan to do.

When you apply for approval, you have to give details about the structure, like what type it is, how big it is, and how it will work. You also need to describe the fish and other water life in the area, including any rare or at-risk species. You must explain how fish will be able to move past your structure.

The Director-General of Conservation will write a report about your plan. They will look at whether it follows best practices and how it might affect fish and their habitat. A panel will then decide if your plan can go ahead. They will think about things like the purpose of the law, how well your plan follows guidelines, and how it might help or harm fish. If they approve your plan, they might add some rules to make sure it doesn’t harm fish too much.

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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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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.