Section 165J — Resource Management Act 1991: Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing

165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing (1) This section applies to an aquaculture management area to the extent that the area is subject to a reservation relating to commercial fishing. (2) A regional council must not allocate authorisations relating to aquaculture activities in an area subject to a reservation, 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 relating to the area. (3) No person may apply for or be granted a coastal permit to occupy space for aquaculture activities in an aquaculture management area that is subject to a reservation in relation to commercial fishing, except 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. (4) Before allocating an authorisation referred to in subsection (2) , the regional council must have received advice from the chief executive that— (a) the time for registering aquaculture agreements has expired; and (b) at least 1 aquaculture agreement has been registered. (5) If a coastal permit is granted for the area that is subject to the reservation, the regional council must delete from the regional coastal plan the reservation in relation to the area to which the coastal permit relates. (6) If the chief executive advises the regional council that no aquaculture agreement has been registered in respect of the area or part of the area, the regional council must amend its regional coastal plan by deleting the area or part of the area from the aquaculture management area. (7) If an authorisation lapses under section 165N and the holder of the authorisation does not hold a coastal permit granted under it, the regional council must amend its regional coastal plan by deleting the area from the aquaculture management area. (8) Schedule 1 and Schedule 1A do not apply to an amendment made under any of subsections (5) , (6) , or (7) . (9) This section applies subject to section 14 of the Maori Commercial Aquaculture Claims Settlement Act 2004 . Part 7A (comprising sections 165A to 165ZJ) was inserted, as from 1 January 2005, by section 20 Resource Management Amendment Act (No 2) 2004 (2004 No 103).