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    Resource Management (Aquaculture Moratorium) Amendment Bill - update

    Author: Phillips Fox       

    The Resource Management (Aquaculture Moratorium) Amendment Act was passed last week. The Act includes certain amendments recommended by the Primary Production Select Committee, including changes to the stage at which applications are 'caught' by the 2 year moratorium on new aquaculture developments in the coastal marine area.

    The moratorium initially proposed to apply to all applications that had not reached the stage of a hearing as at 28 November 2001. Now, applications that were publicly notified before 28 November 2001, or accepted by a Regional Council as completed non-notified applications before 28 November 2001, will be exempt from the moratorium. Applications that were not notified before 28 November 2001, or non-notified applications that were incomplete at 28 November 2001, would be put on hold and considered once the moratorium expires. This change means that a further 113 applications, for a total area of 14,508ha, previously caught by the moratorium, will continue to be processed.

    Other changes include:
  • a definition of an aquaculture management area (AMA)

  • a new provision empowering councils to create AMAs

  • a provision requiring the Minister of Conservation to make a recommendation as to whether the moratorium should be lifted in relation to specified areas within 20 working days after receiving a request to do so from a Regional Council, and

  • new criteria to be satisfied if the moratorium is to be lifted for a specific area upon a Regional Council's request to the Minister of Conservation.


  • This is a general summary only and should not be taken as a substitute for specific advice.

    For further information please contact Rachel Hawkins, solicitor
    rachel.hawkins@phillipsfox.com

    Web site: Phillips Fox

    April, 2002