Part 3: Possible Wording for Consent Conditions for Deemed Consents
Date of Commencement of deemed coastal permits:
1 January 2005
Duration of deemed coastal permit:
[For leases and licences]
This deemed coastal permit shall expire on 31 December 2024 unless it has lapsed, been surrendered or been cancelled at an earlier date pursuant to the Resource Management Act 1991 (RMA).
[For marine farming permits and spat catching permits]
This deemed coastal permit shall expire on (insert EXPIRY DATE from original permit) unless it has lapsed, been surrendered or been cancelled at an earlier date pursuant to the RMA.
Activities authorised by this consent
[For leases and licences]
1A This coastal permit authorises:
i. the marine farming of [enter SPECIFIC SPECIES here], and
ii. the associated existing structures and
iii. the associated discharges and
iv. the occupation of X hectares in the coastal marine area bounded by the coordinates xxxxxxxx [or on the attached survey plan]
that had previously been carried out pursuant to [marine farming lease or licence number] (see advice note 2).
[For marine farming permits]
1B This coastal permit authorises the marine farming of [enter SPECIFIC SPECIES here], including spat catching that had previously been carried out pursuant to [marine farming permit number] (see advice note 2).
[For spat catching permits]
1C This coastal permit authorises the taking of spat of [enter SPECIFIC SPECIES here], that had previously been carried out pursuant to [spat catching permit number] (see advice note 2).
2. The number of longlines located within the marine farm boundary shall not exceed [X] per hectare (refer to advice note 3).
3. The coastal permit holder shall provide Maritime New Zealand (MNZ) and Land Information New Zealand (LINZ) written notice of the details of the structure(s) including their geographic location and method of navigation marking by 1 July 2007 (this date will vary depending on council workload/timeframes and when it anticipates completing any review of off-site farms). Exception: This condition does not apply if MNZ and LINZ have been previously notified of the correct location and current methods of marking the marine farm.
4. The coastal permit holder shall, if requested by the council in writing, provide the following:
i. a survey plan prepared by a registered surveyor that defines the boundary of the marine farm (to an accuracy as stated on request from the council) and the position of the structures
ii. map references of the corner points of the marine farm(s) (to an accuracy of plus or minus 10 metres).
This information shall be provided to the council as soon as is practicable but no later than two months from the date of receipt of that request.
NB. The survey plan shall be made in accordance with the Surveyor General's Rules for Cadastral Survey 2002/2, or any regulations made in substitution thereof. The location coordinates are to be in Geodetic Datum 2000, New Zealand Transverse Mercator Projection.
Navigation, safety, marking and lighting
5. The coastal permit holder shall ensure that marine farming structures are laid out and the boundaries of the marine farm marked and lit in accordance with the navigation and safety requirements of Maritime New Zealand (MNZ) and the council harbourmaster or their delegate. This condition will be satisfied by complying with MNZ guidelines for aquaculture areas: Guideline for Aquaculture Management Areas and Marine Farms, MNZ December 2005.
6A. [For longline farms]Each buoy shall be permanently branded so as to clearly identify its ownership. Each corner of the marine farm structures and the middle of each of the seaward-most and landward-most longlines shall be marked with an orange marker buoy of a minimum diametre of 0.5 metres. The coastal permit holder shall provide confirmation to the council that this has occurred within [appropriate timeframe].
6B. [For oyster farms] Each marine farm shall be marked with white posts extending two metres above mean high-water spring tide positioned at the corners and at intervals of not more than 50 metres apart on the marine farm structures between each corner. A clear and legible sign shall be fixed to each corner of the farmed area with the coastal permit holder's name and deemed coastal permit number written on it.
7. If any part of the marine farming structures is lost into the marine environment so that it could constitute a navigational or safety hazard, the coastal permit holder shall inform the council harbourmaster and MNZ immediately. The coastal permit holder shall also undertake all necessary steps to find and retrieve the lost structure.
Removal of derelict and/or unused structures
8 The coastal permit holder shall inform the council should they cease to farm the area in which it is authorised to place structures by this consent. The structures authorised by this consent shall be removed by the coastal permit holder within [timeframe as appropriate to the type and scale of marine farming] of the date of ceasing to farm this area or as soon as practicable thereafter, and the site rehabilitated by the coastal permit holder to the extent practicable.
Structural integrity and waste removal
9 The coastal permit holder shall maintain all structures to ensure they are restrained, secure and in working order at all times so as to not create a navigational hazard.
10 The coastal permit holder shall take whatever steps are deemed necessary to retrieve from the coastal marine area any non-biodegradable material that has escaped from the marine farm activities.
Discharges
11 The coastal permit holders shall ensure that, other than those authorised in association with the normal operation of the marine farm, there is no discharge of contaminants such as oil, diesel, petrol or effluent, to the coastal marine area as a result of the exercise of the deemed coastal permit.
Review condition
12 The conditions of this deemed coastal permit may be reviewed by the council, pursuant to section 128 of the RMA, by the giving of notice pursuant to section 129 of the RMA, at [enter Review Interval here] yearly intervals in order to:
address any adverse effect on the environment which may arise from the exercise of the deemed coastal permit and which it is appropriate to deal with at a later stage.
Advice notes
Note 1:
a) [For former leases and licences]. This deemed coastal permit provides for the activities previously authorised by the [marine farming lease or licence number] originally granted on [date]. This deemed coastal permit was created on 1 January 2005 by the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (ARA) and expires on 31 December 2024 (section 10(8) ARA). The holder of a deemed coastal permit has a preferential right to apply for a new coastal permit pursuant to section 49 of the ARA Act 2004 and sections 165ZH and 124 of the Resource Management Act 1991.
[For former marine farm permits and spat catching permits]. This deemed coastal permit provides for the activities previously authorised by the [marine farming or spat catching permit number] originally granted on [date]. This deemed coastal permit was created on 1 January 2005 by the ARA Act 2004 and expires on the same date as the original permit. The holder of a deemed coastal permit has a preferential right to apply for a new coastal permit pursuant to sections 165ZH and 124 of the RMA 1991.
b)This coastal permit is transferable to another owner, upon application to the council, on the same conditions and for the same use as originally granted and all approved variations (section 135 RMA).
c) The coastal permit holder is responsible for all subcontracted operations related to the exercise of this consent.
d) The reasonable costs incurred by council arising from supervision and monitoring of this coastal permit will be charged to the permit holder. This may include, but not be limited to, routine inspection by council officers or agents, liaison with the permit holder, responding to complaints or enquiries relating to the marine farm, and review and assessment of compliance with the conditions of coastal permits.
Note 2:
This coastal permit does not authorise exclusive occupation of space in the coastal marine area. Marine farming structures and operations will result in some physical exclusion over some area of the permit. To the extent that this is necessary for the normal operation of the marine farm it is provided for by this coastal permit (refer to section 122(5) of the RMA1991).
Note 3:
The deemed coastal permit should specify the maximum number of longlines allowed within the marine farm boundary. The number of longlines allowed will be the same as that specified in the Harbours Act approval (for leases and licences) or the structures approval in the coastal permit (for marine farm permits). However, there may be circumstances where the Ministry of Fisheries has placed a restriction on the number of longlines allowed to take into account adverse effects on fisheries resources. In these circumstances, the maximum number of longlines as recommended by the Ministry of Fisheries should be used. Altering the density of longlines could result in adverse environmental effects. To go beyond the maximum number of lines authorised by the coastal permit, the permit holder should apply for a change to the conditions.
Note 4:
The permit holder is advised that they are required to comply with all relevant provisions of the Building Act 2004.
Note 5:
The permit holder is advised that they have a general duty under section 17(1) RMA to avoid, remedy or mitigate any adverse effect on the environment arising from the marine farming activity.
Note 6:
[For leases and licences only] The permit holder is advised pursuant to section 8(2) of the ARA, that any variation to the former lease or licence made under section 13 of the now repealed Marine Farming Act 1971 and in force as at 1 January 2005 is to be treated as a condition of the deemed coastal permit.
Note 7:
Under section 44 of the Biosecurity Act 1993 every person has a duty to inform Biosecurity New Zealand (a division of the Ministry of Agriculture and Forestry), as soon as practicable, of the presence of an organism not normally seen or otherwise detected in New Zealand.
Under section 46 of the Biosecurity Act 1993 every person is required, without unreasonable delay, to notify the chief technical officer of the presence or possible presence of notifiable organisms (under Ministry of Agriculture and Forestry policy all notifiable organisms are also unwanted organisms).
Note 8:
Any person who accidentally or incidentally kills or injures any marine mammal through some cause other than fishing (for example, by entanglement or stranding) must report the event to a marine mammals officer declared or appointed as such under section 11 of the Marine Mammals Protection Act 1978 [As defined in section 2(1) of the Fisheries Act 1996. Every person who is a member of the Police, or a ranger appointed under section 38(1) of the Wildlife Act 1953, section 8(1) of the Reserves Act 1977, or section 40(1) of the National Parks Act 1980 is deemed to be a warranted officer; but, where such a person has been appointed for part of New Zealand only, the person is deemed to have been appointed a warranted officer for that part.] or a fishery officer [As defined in section 2 (1) of the Fisheries Act 1996.] as soon as practicable. This is a legal requirement in terms of the Marine Mammals Protection Act 1978.
Any person who accidentally or incidentally kills or injures any marine wildlife (other than a marine mammal) that is protected under the Wildlife Act 1953 (for example, sea turtles), through some cause other than fishing (for example, by entanglement or stranding) must report the event to a ranger appointed or deemed to be appointed under the Wildlife Act 1953 [Every constable, and every warranted officer appointed under section 38 (1) Wildlife Act 1953 or deemed to have been appointed by section 59(9) of the Conservation Act 1987, is deemed to be a ranger to exercise duties throughout New Zealand.] or to a fishery officer. This is a legal requirement under the Wildlife Act 1953.
There have been some cases of marine mammal entanglements in mussel farms, and fin-fish farms. It is accepted that in carrying out legitimate marine farming activities, from time to time there will be casualties to other marine life. Immediate notification to the Department of Conservation will enable departmental staff to obtain as much information as possible in order to research methods to avoid, remedy and mitigate any future entanglements.
Other mitigation options may also be appropriate wherever there is a higher risk of entanglement, such as maintaining lines and ropes under tension, use of anti-predator nets and minimising food waste from fish farms.
Note 9:
The coastal permit holder may apply at any time for a change or cancellation of consent conditions (except for a change to the duration of the consent) under section 127 of the Resource Management Act 1991.
