Section 354 — Resource Management Act 1991: Crown's existing rights to resources to continue
Text of the provision Official document
354 Crown's existing rights to resources to continue (1) Without limiting the Acts Interpretation Act 1924 but subject to subsection (2), it is hereby declared that the repeal by this Act or the Crown Minerals Act 1991 of any enactment, including in particular— (a) Section 3 of the Geothermal Energy Act 1953; and (b) Section 21 of the Water and Soil Conservation Act 1967; and (c) Section 261 of the Coal Mines Act 1979,— shall not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed. (2) Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations. (3) Any person may use or occupy any land and any related part of the coastal marine area in which the Crown has a right, interest, or title, without obtaining the consent of the Crown under the Land Act 1948 or the Foreshore and Seabed Endowment Revesting Act 1991 or the Foreshore and Seabed Act 2004 , if the use or occupation by that person does not contravene this Act or regulations. Subsection (2) was substituted and subsection (3) was inserted, as from 7 July 1993, by section 159 Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was amended, as from 25 November 1994, by section 4 Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113), by inserting the words “ or the Foreshore and Seabed Endowment Revesting Act 1991 ” . Subsection (3) was amended, as from 25 November 2004, by section 33 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by inserting the words “ or the Foreshore and Seabed Act 2004 ” after the expression “ 1991 ” . See sections 40 to 43 of that Act.
Official source: legislation.govt.nz
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