Section 107B — Resource Management Act 1991: Provision for certain infrastructure works and related operations

107B Provision for certain infrastructure works and related operations (1) Section 107A does not prevent the grant of a resource consent to carry out— (a) an infrastructure work and its associated operations if— (i) the infrastructure work and its associated operations were lawfully established before the commencement of Part 3 of the Foreshore and Seabed Act 2004 ; and (ii) any significant adverse effects of the proposed activity on the recognised customary activity will be, or are likely to be, the same or similar in character, intensity, and scale to those that existed before the application for the resource consent was made: (b) maintenance work on, to, or in respect of an infrastructure work and its associated operations that were lawfully established before the commencement of Part 3 of Foreshore and Seabed Act 2004 , so long as any significant adverse effects of the maintenance work on the recognised customary activity are temporary in nature. (2) In this section, infrastructure work and its associated operations is limited to any infrastructure works and associated operations that are owned, operated, or carried out by 1 or more of the following: (a) the Crown, as defined in section 2(1) of the Public Finance Act 1989 : (b) a local authority: (c) a network utility operator: (d) an electricity generator as defined in section 2(1) of the Electricity Act 1992 : (e) a port company as defined in section 2(1) of the Port Companies Act 1988 or a port operator as defined in section 650J(6) of the Local Government Act 1974 : (f) the Maritime Safety Authority of New Zealand. Sections 107A to 107D were inserted, as from 17 January 2005, by section 25 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.