Introduction
The Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (ARA) [http://rangi.knowledge-basket.co.nz/gpacts/public/text/2004/an/109.html] provides councils with an opportunity to review the conditions of all deemed coastal permits (sections 10(4), 20(3) and 21(3) ARA). The review can involve varying, adding or deleting conditions to make them consistent with the Resource Management Act 1991 (RMA), but must not amend the species or area covered by the permit (sections 10(5), 20(4) and 21(4) ARA). Councils intending to review the conditions of deemed coastal permits need to have begun their review within 12 months of 1 January 2005 (that is, before 1 January 2006).
A deemed coastal permit is a lease or licence that is deemed to be a coastal permit under section 10(1) ARA, or a marine farming or spat catching permit deemed to be a coastal permit under section 20(1) and 21(1) ARA, respectively. The leases and licences were issued under the now repealed Marine Farming Act 1971 and included all the authorisations necessary for the marine farming activity. The marine farming and spat catching permits were issued under the Fisheries Act 1983 and authorised the marine farming and spat catching activities only. However, the farmer would have obtained all necessary coastal permits under the RMA before applying for their marine farming or spat catching permit.
The difference between the leases and licences and marine farming and spat catching permits, and how the deeming provisions apply, is shown in Figure 1. A key difference is the marine farming and spat catching permits also have accompanying RMA coastal permits, which are retained and not affected by the transitional provisions of the ARA. The intent of the transitional provisions was to enable lawful marine farmers to continue farming with the coastal permits necessary under the RMA.
Figure 1: Marine farming authorisations, before the ARA (Aquaculture Reform Act 2004) and after the ARA
The deemed coastal permits in the shaded boxes are the subject of this guide.
The ARA provides for those deemed permits shown in the shaded boxes to be reviewed. With respect to the existing RMA coastal permits (associated with the marine farming or spat catching permits), these can be reviewed by the council in accordance with section 128 of the RMA, or at the request of the permit holder in accordance with section 127 of the RMA.
Scope of this guide
This guide is the outcome of one of 14 national aquaculture reform implementation projects that aim to support councils in planning for aquaculture [The Aquaculture Reform Implementation Programme is available on the Aquaculture Workspace, which is available to staff in councils, the Department of Conservation, Ministry of Fisheries and Ministry for the Environment to share relevant resources to support implementation of the aquaculture reform. Further information on the Workspace is available from the Ministry for the Environment. Otherwise, the Implementation Plan is explained further on the MfE website at www.mfe.govt.nz/issues/resource/aquaculture/implementation.html, including an email link to request a copy] . It provides guidance on the type of conditions applicable to deemed coastal permits. These conditions cover generic issues and are intended as a guideline for councils, to sit alongside any conditions specific to the region, site or individual application. Because they are generic, they may need to be considered in light of specific circumstances of an individual farm and region. The guide does not cover conditions that could be applied to new coastal permits for aquaculture within aquaculture management areas (AMAs).
Two separate national aquaculture reform implementation projects (the planning guidance [Project VI] and information guidance [Project VII] for future AMAs) will provide guidance and information to support planning for new aquaculture activities.
Note that when considering conditions for deemed coastal permits, councils should also have regard to their own standard procedures for resource consents. For example, administrative charges have not been included in these guidelines as these are general consent issues for which councils will already have standard procedures.
Structure of this guide
The guide is structured as follows:
- Part 1 describes generic issues that the suggested consent conditions address, such as a marine farm's location and navigational safety. At the end of each explanation, suggested wording for a relevant consent condition(s) is provided.
- Part 2 identifies and discusses other matters that consents officers may need to consider when assessing consent conditions, but which are not covered by the conditions suggested in this guide. Work is still underway in relation to these matters.
- Part 3 repeats the full list of the suggested consent conditions outlined in Part 1, for ease of reference. These are followed by advice notes for coastal permit holders that can be attached to the reviewed deemed coastal permits.
