Section 165BC — Resource Management Act 1991: Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan

165BC Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan (1) This section applies to applications for coastal permits for the occupation of space in the coastal marine area for the purpose of aquaculture activities made on or after 1 January 2005 but before 10 May 2006, being applications that (at the time of being made) did not relate to an aquaculture management area in a regional coastal plan. (2) A consent authority must not process or determine an application until such time as the area to which the application relates becomes an aquaculture management area in a regional coastal plan. (3) An application referred to in subsection (2) must be processed and determined under the rules in the regional coastal plan and any proposed regional coastal plan at the time the consent authority resumes processing the application. (4) However, a consent authority must not grant a coastal permit to occupy space for aquaculture activities in an aquaculture management area that is subject to a reservation relating to commercial fishing, except to a person specified in a notice given by the chief executive under section 186ZK of the Fisheries Act 1996 as the holder of an aquaculture agreement under that Act. (5) An application is deemed to be cancelled on and from the date on which a proposed regional coastal plan is notified under clause 5 of Schedule 1 after the commencement of the Resource Management Amendment Act 2008 and to the extent that the application relates to an area covered by the plan and the plan provides for an aquaculture management area, but it does not include the area that the application relates to. (6) An application is deemed to be cancelled on and from the day that is 10 years after the commencement of the Resource Management Amendment Act 2008 to the extent that, by that date,— (a) no proposed regional coastal plan covering the area that the application relates to has been notified under clause 5 of Schedule 1; or (b) a proposed regional coastal plan covering the area that the application relates to has been notified under clause 5 of Schedule 1, but the plan contains no aquaculture management areas. (7) This section— (a) prevails over Part 7A ; but (b) applies subject to the Maori Commercial Aquaculture Claims Settlement Act 2004 . Section 165BC: inserted, on 28 September 2008, by section 10 of the Resource Management Amendment Act 2008 (2008 No 95).