Section 417A — Resource Management Act 1991: Uses of lakes and rivers not restricted by section 9

417A Uses of lakes and rivers not restricted by section 9 (1) Notwithstanding section 374(4) , for the purposes of this Act, subsections (1) and (2) of section 9 do not apply in respect of any activity carried out on the surface of water in any lake or river— (a) Unless the activity is specifically referred to, and is controlled or restricted or prohibited by a rule, in a district plan or proposed district plan deemed to be constituted under section 373 ; or (b) Until a district plan or proposed district plan prepared under Schedule 1 provides otherwise. (1A) Nothing in subsection (1) shall apply to any commercial activity (being an activity that has, or has the potential to have, as its sole purpose or a related purpose the production of assessable income) carried out in the district of the Queenstown-Lakes District Council. (1B) The application of subsection (1) or subsection (1A) may be excluded or modified at any time in accordance with Schedule 1 . (2) Where any activity is lawfully carried out in any lake or river or on the surface of any lake or river in accordance with a licence or other authorisation granted pursuant to an application made before the 1st day of October 1991 under any Act, regulation, or bylaw, including an Act, regulation, or bylaw amended, repealed, or revoked by this Act, subsections (1) and (2) of section 9 shall not apply in respect of that activity to the extent that that activity is permitted by that licence or other authorisation and so long as that licence or other authorisation remains in force. (3) Where any activity undertaken in any lake or river or on the surface of any lake or river— (a) Is authorised by a licence, permit, or authorisation granted pursuant to an application made under any bylaw continued in force by any provision of subsections (1) to (9) of section 424; or (b) Is, by virtue of section 424(10) , exempt from any provision of any bylaw continued in force by subsections (1) to (9) of section 424,— subsections (1) and (2) of section 9 shall not, unless a district plan or a proposed district plan otherwise provides, apply in respect of any such activity to the extent that the activity is permitted by the licence, permit, or authorisation or exempted from the bylaw. Section 417A was inserted, as from 7 July 1993, by section 199 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was substituted, and subsections (1A) and (1B) were inserted, as from 2 September 1996, by section 22(1) Resource Management Amendment Act 1996 (1996 No 160). See also regulation 3 Resource Management (Transitional) Regulations 1994 (SR 1994/34) (revoked as from 2 September 1996, by section 22(2) Resource Management Amendment Act 1996 ), which provided, until 1 October 1996, for the replacement of subsection (1) of this section.