Section 387 — Resource Management Act 1991: Existing geothermal licences and authorisations deemed to be water permits

387 Existing geothermal licences and authorisations deemed to be water permits (1) Every licence under the Geothermal Energy Act 1953 and every power or authorisation under section 11 of that Act that is in force immediately before the date of commencement of this Act shall, to the extent that it licenses or authorises the taking, tapping, use, or application of geothermal energy (within the meaning of the Geothermal Energy Act 1953)— (a) Within the coastal marine area, be deemed to be a coastal permit; and (b) In every other case, be deemed to be a water permit— granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked) by the appropriate consent authority, and the provisions of this Act shall apply accordingly. (2) Notwithstanding section 14(3)(a) , a permit deemed to be granted under subsection (1) does not authorise any person to take or use geothermal water except where such taking or use is also authorised by a water permit or a coastal permit granted under Part 6 or deemed to be so granted by virtue of section 386 . (3) Subject to subsection (2) , where, for the purpose of taking or using geothermal water, a person holds— (a) A permit referred to in subsection (1) or a water permit or a coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953, by virtue of the operation of section 389 ; and (b) A water permit or coastal permit granted under Part 6 or deemed to be so granted by virtue of section 386 — then the total amount of geothermal water which the holder of those permits shall be entitled to take or use pursuant to those permits shall be the lesser of the amounts specified in the respective permits. (4) From the date of commencement of this Act, the persons specified below shall be responsible for exercising any functions, powers, and duties in respect of the following conditions of, or provisions of the Geothermal Energy Act 1953 that relate to, any water permit or coastal permit under this section, any water permit or coastal permit granted under section 389 in respect of an application for a licence under the Geothermal Energy Act 1953, or any water permit or coastal permit whose conditions have been changed under section 386(7)(b) : (a) Conditions or provisions concerning occupational safety or health, the Minister of Energy: (aa) Refund or remission of rentals, the Minister: (b) All other conditions and provisions, the consent authority concerned. (5) Subsections (2) to (7) of section 108 of the Crown Minerals Act 1991 , with all necessary modifications, shall apply in respect of every water permit or coastal permit to which this section applies, as if references in those subsections to an existing privilege were references to such a water permit or such a coastal permit, as the case may require. (6) Where a permit resulting from a licence under the Geothermal Energy Act 1953 would, but for this subsection, not expire by the thirty-fifth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the thirty-fifth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration. (7) Where a permit resulting from a power or authorisation under section 11 of the Geothermal Energy Act 1953 would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration. Subsection (1) was amended, as from 7 July 1993, by section 180(1) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ and every authorisation under section 9(1)(c) of that Act ” . Subsection (4): see regulation 13(3) Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991 (SR 1991/206) as to the insertion of paragraph (aa), during the period 1 October 1991 to 31 September 1994. Subsection (4)(aa) was inserted, as from 2 September 1996, by section 21 Resource Management Amendment Act 1996 (1996 No 160). Subsection (5) was substituted, as from 1 October 1991, by section 2(2) Crown Minerals Amendment Act 1991 (1991 No 102). Subsections (6) and (7) were inserted, as from 7 July 1993, by section 180(2) Resource Management Amendment Act 1993 (1993 No 65).