Section 400 — Resource Management Act 1991: Applications under Marine Farming Act 1971 for prohibited anchorages, etc

400 Applications under Marine Farming Act 1971 for prohibited anchorages, etc (1) Where, immediately before the date of commencement of this Act, an application has been made under section 28(1) of the Marine Farming Act 1971 for permission to declare any specified part of a licensed area to be a prohibited anchorage or a prohibited navigation area and that application had not been determined— (a) The application shall be determined under the Marine Farming Act 1971 as if this Act had not been enacted; and (b) If the controlling authority grants the application, then notwithstanding the repeal of section 28 of that Act, but subject to subsection (3) , such prohibition shall remain in force and the provisions of subsections (4) to (8) of the said section 28 shall continue to apply to that prohibition as if this Act had not been enacted. (2) Where, immediately before the date of commencement of this Act, any part of a lease or licence under the Marine Farming Act 1971 has been declared to be a prohibited anchorage or a prohibited navigation area under section 28(4) of that Act and such prohibition remains in force, then notwithstanding the repeal of section 28 of that Act, but subject to subsection (3) , such prohibition shall remain in force and the provisions of subsections (4) to (8) of the said section 28 shall continue to apply to that prohibition as if this Act had not been enacted. (3) After the date of commencement of this Act, those functions that were exercisable by a controlling authority under section 28(5) of the Marine Farming Act 1971 before the repeal of that subsection by this Act may continue to be exercised by any regional council in accordance with that subsection as if that subsection remained in force, but the regional council shall not make any declaration under that subsection without the prior consent of the Minister of Fisheries given with the concurrence of the Minister of Transport.