Section Sch1A-1A — Resource Management Act 1991: Proposed regional coastal plan or proposed change to regional coastal plan must not describe certain areas as aquaculture management areas

1A Proposed regional coastal plan or proposed change to regional coastal plan must not describe certain areas as aquaculture management areas (1) A proposed regional coastal plan or a proposed change to a regional coastal plan must not describe an area as an aquaculture management area if the area comprises or includes space— (a) that is subject to an application— (i) to which section 25(3) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 applies; and (ii) made by a person to whom section 25(2) of that Act applies; and (iii) which has not been determined or withdrawn; or (b) that is, or may be, subject to an application— (i) referred to in section 26(1)(b) of that Act; and (ii) made by a person referred to in section 26(1)(a) of that Act; and (iii) where an application has been made, it has not been determined or withdrawn; or (c) that is subject to an application to which section 50(2) of that Act applies and the application has not been determined or withdrawn; or (d) that was subject to an application to which section 50(2) of that Act applied and— (i) the coastal permit applied for has been granted; and (ii) the coastal permit has not lapsed or been cancelled or surrendered; but (iii) the application for a marine farming permit or spat catching permit referred to in section 50(3) of that Act has not been made or has been made but has not been determined or withdrawn. (2) To avoid doubt, subclause (1) does not prevent a proposed regional coastal plan or a proposed change to a regional coastal plan describing as an aquaculture management area an area to which a deemed coastal permit under the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 relates. (3) Subclause (1) does not apply to a proposed regional coastal plan or a proposed change to a regional coastal plan if the proposed plan or proposed change has been notified under clause 5 or clause 26 of Schedule 1 before the commencement of the Resource Management Amendment Act 2008 . (4) If a proposed regional coastal plan or a proposed change to a regional coastal plan describes an area as an aquaculture management area in breach of subclause (1), then (to avoid doubt)— (a) the area is not, and is not to be treated as, an aquaculture management area; and (b) the breach does not invalidate the rest of the plan to the extent that the rest of the plan is not inconsistent with the area not being an aquaculture management area. Schedule 1A clause 1A: inserted, on 28 September 2008, by section 13(2) of the Resource Management Amendment Act 2008 (2008 No 95).