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StatuteResource Management Act 1991

Section 383A — Resource Management Act 1991: Existing permissions to allow use of beds of lakes and rivers

Text of the provision Official document

383A Existing permissions to allow use of beds of lakes and rivers (1) Every Order in Council made under section 175 of the Harbours Act 1950 and every approval granted under section 178(1)(b) or (2) of that Act (or the corresponding provisions of any former enactment) in respect of any area in a region which is river bed or lake bed, and that is in force immediately before the date of commencement of this Act, shall be deemed to be a resource consent required under section 13 , and to have been granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate regional council; and the provisions of this Act shall apply accordingly. (2) Notwithstanding section 13 but subject to section 418(3) , (3A), (3B), and (3C), a person who is the holder of a resource consent referred to in subsection (1) shall not thereby be authorised to carry out any activity referred to in section 13 except where that person also holds every other permission, licence, permit, or approval that, immediately before the date of commencement of this Act, he or she was legally required to hold in order to carry out the activity. (3) Notwithstanding subsection (2) , every resource consent deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the consent, at any time within 3 years after the date of commencement of this Act, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that permit, matters that could have been included in a licence, permit, or approval required before the 1st day of October 1991 and of enabling the consent to authorise the activity. Section 383A was inserted, as from 7 July 1993, by section 175 Resource Management Amendment Act 1993 (1993 No 65).

Official source: legislation.govt.nz

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