Section 20A — Resource Management Act 1991: Certain existing lawful activities allowed

20A Certain existing lawful activities allowed (1) If, as a result of a rule in a proposed regional plan being notified, an activity requires a resource consent, the activity may continue until the rule becomes operative if,— (a) before the rule was notified, the activity— (i) was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and (ii) was lawfully established; and (b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule was notified; and (c) the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule was notified. (2) If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,— (a) before the rule became operative, the activity— (i) was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and (ii) was lawfully established; and (b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and (c) the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined. Section 20A was inserted, as from 26 March 2002, by section 5 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5). Sections 19 to 20A were substituted, as from 1 August 2003, by section 8 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.