Section Sch1A-2 — Resource Management Act 1991: Assessment of undue adverse effects on fishing

2 Assessment of undue adverse effects on fishing (1) The regional council must not notify a proposed regional coastal plan or a proposed change to a regional coastal plan under clause 5 or clause 26 of Schedule 1 until— (a) the chief executive of the Ministry of Fisheries has made an aquaculture decision under section 186E of the Fisheries Act 1996 in relation to any area described in the plan as an aquaculture management area; and (b) the regional council has complied with clause 3 of this Schedule. (2) However, subclause (1) does not apply in relation to an area that is— (a) subject to a deemed coastal permit under section 10 , 20 , or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or (b) an aquaculture management area in relation to which a determination has already been made under section 186E of the Fisheries Act 1996 or section 38 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004. (3) Subclause (2)(b) does not include a determination to which section 186H(1)(d)(ii) of the Fisheries Act 1996 or section 41(1)(d)(ii) of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 applies, if the proposed regional coastal plan or proposed change to a regional coastal plan proposes to revoke or amend the rule on which the determination was based. Schedule 1A clause 2: substituted, on 28 September 2008, by section 13(3) of the Resource Management Amendment Act 2008 (2008 No 95).