Section 401A — Resource Management Act 1991: Transitional coastal occupation charges

401A Transitional coastal occupation charges (1) Where a person is occupying the coastal marine area, either as a holder of a resource consent or as a result of permitted activity in a plan, there is implied a condition that that person must, from the commencement of this section until a regional coastal plan or plan change is operative which contains either a charging regime or a statement to the effect that no regime may be introduced or 30 June 2007 (whichever is earlier), pay to the relevant regional council, if requested by that regional council, any sum required to be paid for the occupation of the coastal marine area by any regulations made under section 360(1)(c) . (2) Any money received by the regional council under subsection (1) may be used only for the purpose of promoting the sustainable management of the coastal marine area. (3) Where a regional council prepares or changes a regional coastal plan or proposed regional coastal plan in the period from the commencement of this section until 1 July 2007, that plan is not required to comply with section 64A . (4) Where no provision for coastal occupation charges has been made in a regional coastal plan or proposed regional coastal plan by 1 July 2007, the regional council must, in the first proposed regional coastal plan or change to a regional coastal plan notified after 30 June 2007, include a statement or regime on coastal occupation charges in accordance with section 64A . Sections 401A and 401B were inserted, as from 17 December 1997, by section 62 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (1) was amended, as from 1 January 2005, by section 28(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ 30 June 2007 ” for the expression “ 30 June 1999 ” . Subsection (3) was amended, as from 1 January 2005, by section 28(2) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ 1 July 2007 ” for the expression “ 1 July 1999 ” . Subsection (4) was amended, as from 1 January 2005, by section 28(3)(a) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ 1 July 2007 ” for the expression “ 1 July 1999 ” . Subsection (4) was amended, as from 1 January 2005, by section 28(3)(b) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ 30 June 2007 ” for the expression “ 30 June 1999 ” .