Section 150C — Resource Management Act 1991: Earlier expiry of moratorium in relation to specified areas

150C Earlier expiry of moratorium in relation to specified areas (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than 31 December 2004 as the date on which the moratorium ends in relation to a coastal marine area described in the order. (2) The Minister must not make a recommendation unless— (a) the regional council concerned has requested the Minister to make the recommendation; and (b) the Minister is satisfied, based on information and explanations provided by the regional council, that— (i) a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and (ii) the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and (iii) the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future. (3) The Minister must make a recommendation under subsection (1) within 40 working days after receiving a request if the Minister is not prevented by subsection (2) from making the recommendation. (4) For the purposes of subsection (3) , sections 37 and 37A apply, with all necessary modifications, as if the Minister were acting as a consent authority. Part 6A (comprising sections 150A to 150F) was inserted, as from 26 March 2002, by section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5). Subsection (1) was amended, as from 19 March 2004, by section 6(1) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5) by substituting the expression “ 31 December 2004 ” for the words “ the date that is 2 years after the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 ” . Subsection (3) was amended, as from 19 March 2004, by section 6(2) Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5) by substituting the expression “ 40 ” for the expression “ 20 ” . Subsection (4) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ sections 37 and 37A apply ” for the words “ section 37 applies ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.