2004 No 109 水产养殖改革(撤销及暂行条�?法案2004(已作�? 2

51 Regional council must request aquaculture decision if application for

coastal permit declined or withdrawn

　　�?� This section applies to��

　　（a� an application for a coastal permit to occupy a coastal marine area for
aquaculture activities if the application��

　　（i� is made before the commencement of this Act; and

　　（ii� is not subject to section 150B�?� of the principal Act; and

　　（iii� relates to part of an interim aquaculture management area; and

　　（iv� has been declined or withdrawn:

　　（b� a coastal permit if��

　　（i� it was granted under an application to which paragraph （a）（i� to

（iii� applies; and

　　（ii� no marine farming permit or spat catching permit has been issued in

relation to the coastal permit; and

　　（iii� the coastal permit��

　　（A� lapses under section 125 of the principal Act; or

　　（B� expires and the holder of the permit is not entitled under section 124

of the principal Act to continue to operate under the coastal permit; or

　　（C� is cancelled under section 126 of the principal Act; or

　　（D� is surrendered under section 138 of the principal Act.

　　�?� The regional council to which the application was made or which granted
the coastal permit must request an aquaculture decision for the part of the interim

aquaculture management area concerned.

　　�?� Sections 38 to 44 apply to the request.

　　Section 51�?）（a）（iii）： amended, on 28 September 2008, by section 5

�?� of the Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act
2008 �?008 No 92）、�/p>

　　Section 51�?）： amended, on 28 September 2008, by section 5�?）（a� of

the Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008

�?008 No 92）、�br />
　　Section 51�?）： amended, on 28 September 2008, by section 5�?）（b� of the

Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92）、�/p>

　　Section 51�?）： substituted, on 28 September 2008, by section 5�?� of the
Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92）、�br />
　　52 Areas excluded from interim aquaculture management area

　　�?� This section applies to an application for��

　　（a� a marine farming permit under section 67J of the Fisheries Act 1983:

　　（b� a spat catching permit under section 67Q�?� of the Fisheries Act

1983.

　　�?� If the chief executive of the Ministry of Fisheries has declined an

application to which this section applies, whether before or after the commencement

of this Act, the regional council must delete from an interim aquaculture management

area any area to which the application applies.

　　�?� If the chief executive of the Ministry of Fisheries has granted an

application to which this section applies, whether before or after the commencement

of this Act, the area to which the application relates is to be treated as if the

chief executive had made a determination under section 38 of this Act in relation to

it and section 44 applies accordingly.

　　Section 52 heading: amended, on 28 September 2008, by section 6�?� of the

Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92）、�/p>

　　Section 52�?）： substituted, on 28 September 2008, by section 6�?� of the
Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92）、�/p>

　　Section 52�?）： substituted, on 28 September 2008, by section 6�?� of the
Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92）、�/p>

　　Review of off-site farms

　　53 Off-site farms

　　�?� This section applies to a deemed coastal permit under any of sections

10, 20, or 21 for which the actual space is not the authorised space.

　　�?� The holder of a deemed coastal permit may, within 2 years after the

commencement of this Act, apply in writing to the consent authority to amend the

permit to reflect the actual space.

　　�?� An application under this section must include��

　　（a� the de script ion, to a standard approved by the consent authority, of

the actual space; and

　　（b� the de script ion of the authorised space; and

　　（c� an assessment of the adverse effects on the environment of the activity
in the actual space, and of moving the activity to the authorised space （including

the effects of moving the activity and the effects of the activity in the authorised

space）； and

　　（d� the reasons for and against amending the permit to reflect the actual

space.

　　�?� Section 92 of the principal Act applies, with all necessary

modifications, to an application under this section as if it were an application for

a resource consent.

　　�?� After considering an application under this section and consulting the

chief executive about it, the consent authority must��

　　（a� amend the deemed coastal permit as requested by the consent holder; or

　　（b� decline to amend the permit and require the consent holder to move the

activity to the authorised space.

　　�?� Section 120 of the principal Act applies to a decision of the consent

authority under subsection �?� as if the decision were a decision on a review of

consent conditions.

　　�?� A deemed coastal permit amended under this section must not authorise

the holder of the permit to occupy a space greater than the authorised space.

　　�?� A consent authority must advise the chief executive of its decision

under subsection �?）、�/p>

　　�?� As soon as practicable after receiving the advice under subsection

�?）， the chief executive must amend the fish farmer registration that the advice

relates to.

　　�?0� Sections 357�?� to �?� and 358 of the principal Act apply to a

decision of the consent authority under subsection �?）、�/p>

　　�?1� Section 36 of the principal Act applies to the functions of the

consent authority under this section as if an application to amend a deemed coastal

permit were an application for resource consent.

　　�?2� In this section,��

　　actual space means the space in relation to which the deemed coastal permit

is being exercised

　　authorised space means the space specified in the deemed coastal permit.

　　54 Consent authority may initiate review of off-site farms

�?� This section applies to deemed coastal permits to which section 53

applies.

　　�?� A consent authority may review a deemed coastal permit to the same

extent and within the same time as if the holder of the permit had applied under

section 53�?）、�/p>

　　�?� For the purposes of subsection �?）， section 53�?� to �?2�

applies with all necessary modifications.

　　General

　　55 Transitional provision relating to requirements to keep records and

returns

�?� The Governor-General may, by Order in Council made on therecommendation
of the Minister of Fisheries, make regulations cancelling, on any coastal permit

authorising the occupation of the coastal marine area for an aquaculture activity,

conditions requiring the holder of the coastal permit to keep or provide accounts,

records, returns, and information.

　　�?� Regulations made under subsection �?� apply only to coastal permits

to which this Act applies.

　　56 Restriction on erection of structures in coastal marine area

A coastal permit does not authorise the erection of any structure for the

purpose of an aquaculture activity unless��

　　（a� the area to which the coastal permit relates is in an interim

aquaculture management area or an aquaculture management area; or

　　（b� the holder of the coastal permit also holds 1 of the following in

respect of the area to which the coastal permit relates:

　　（i� a marine farming permit issued under section 67J of the Fisheries Act

1983; or

　　（ii� a spat catching permit issued under section 67Q�?� of that Act.

　　57 Regulations

[Expired]

　　Section 57: expired, on 1 January 2007, by section 58.

　　58 Expiry of section 57

Section 57 expires on the close of the earlier of the following dates:

　　（a� on a date to be appointed by the Governor-General by Order in Council; or

　　（b� 31 December 2006.

　　--------------------------------------------------------------------------------

　　Contents

　　1 General

　　2 Status of reprints

　　3 How reprints are prepared

　　4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

　　5 List of amendments incorporated in this reprint （most recent first（�/p>

　　--------------------------------------------------------------------------------

　　Notes

　　1 General

This is a reprint of the Aquaculture Reform （Repeals and Transitional

Provisions� Act 2004. The reprint incorporates all the amendments to the Act as at

28 September 2008, as specified in the list of amendments at the end of these notes.

　　Relevant provisions of any amending enactments that have yet to come into

force or that contain relevant transitional or savings provisions are also included,

after the principal enactment, in chronological order.

　　2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints

are presumed to correctly state, as at the date of the reprint, the law enacted by

the principal enactment and by the amendments to that enactment. This presumption

applies even though editorial changes authorised by section 17C of the Acts and

Regulations Publication Act 1989 have been made in the reprint.

　　This presumption may be rebutted by producing the official volumes of

statutes or statutory regulations in which the principal enactment and its amendments
are contained.

　　3 How reprints are preparedA number of editorial conventions are followed in

the preparation of reprints. For example, the enacting words are not included in

Acts, and provisions that are repealed or revoked are omitted. For a detailed list of
the editorial conventions, seehttp://www.pco.parliament.govt.nz/legislation/reprints.shtmlor Part 8 of the Tables

of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

　　4 Changes made under section 17C of the Acts and Regulations Publication Act

1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of
editorial changes in a reprint as set out in sections 17D and 17E of that Act so

that, to the extent permitted, the format and style of the reprinted enactment is

consistent with current legislative drafting practice. Changes that would alter the

effect of the legislation are not permitted.

　　A new format of legislation was introduced on 1 January 2000. Changes to

legislative drafting style have also been made since 1997, and are ongoing. To the

extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all
legislation reprinted after 1 January 2000 is in the new format for legislation and

reflects current drafting practice at the time of the reprint.

　　In outline, the editorial changes made in reprints under the authority of

section 17C of the Acts and Regulations Publication Act 1989 are set out below, and

they have been applied, where relevant, in the preparation of this reprint:

　　��omission of unnecessary referential words （such as ��of this section�� and
��of this Act��（�/p>

　　��typeface and type size （Times Roman, generally in 11.5 point（�/p>

　　��layout of provisions, including:

　　��indentation

　　��position of section headings （eg, the number and heading now appear above

the section（�/p>

　　��format of definitions （eg, the defined term now appears in bold type,

without quotation marks（�/p>

　　��format of dates （eg, a date formerly expressed as ��the 1st day of January
1999�� is now expressed as ��1 January 1999��（�/p>

　　��position of the date of assent （it now appears on the front page of each

Act（�/p>

　　��punctuation （eg, colons are not used after definitions（�/p>

　　��Parts numbered with roman numerals are replaced with arabic numerals, and

all cross-references are changed accordingly

　　��case and appearance of letters and words, including:

　　��format of headings （eg, headings where each word formerly appeared with an
initial capital letter followed by small capital letters are amended so that the

heading appears in bold, with only the first word （and any proper nouns� appearing

with an initial capital letter（�/p>

　　��small capital letters in section and subsection references are now capital

letters

　　��schedules are renumbered （eg, Schedule 1 replaces First Schedule）， and

all cross-references are changed accordingly

　　��running heads （the information that appears at the top of each page（�/p>

　　��format of two-column schedules of consequential amendments, and schedules

of repeals （eg, they are rearranged into alphabetical order, rather than

chronological）、�/p>

　　5 List of amendments incorporated in this reprint （most recent first（�br />
Aquaculture Reform （Repeals and Transitional Provisions� Amendment Act 2008 �?008

No 92（�/p>

　　Aquaculture Reform （Repeals and Transitional Provisions� Act 2004: section 58