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Aquaculture legislation to be amended
15 May 2007 - Media release from New Zealand Government regarding aquaculture legislation to be amended
Environment Minister David Benson-Pope today announced the government’s intention to introduce a Bill to make technical amendments to aquaculture legislation.The intent of the 2005 aquaculture reforms was that aquaculture applications would be lodged only within aquaculture management areas (“AMAs”). AMAs are established through either council initiated or privately initiated changes to regional coastal plans. After the passage of that legislation, a decision by the Environment Court (SMW Consortium Limited v Tasman District Council) has indicated that aquaculture activities could be allowed outside these areas.
The Bill will restate the intent of the original legislation. Parties who are currently involved in aquaculture-related High Court proceedings will have the opportunity to consider their position in light of the proposed amendments.
"The current situation impacts seriously on major elements of legislation such as the creation of AMAs, allocation of space to iwi, testing for effects on fisheries, tendering and private plan changes," Mr Benson-Pope said.
"Aquaculture applications inconsistent with the intent of the reforms made after May 2006, and before this amending legislation comes into force, will be cancelled. In the interests of fairness, though, the legislation will not cancel those applications lodged before the Environment Court decision in May 2006. However the other amendments will apply to them like everyone else."
The government will also be introducing amendments to clarify that:
- The space covered by all applications made since the reforms came into force on 1 January 2005 is ‘new space’ for the purposes of the Maori Commercial Aquaculture Claims Settlement Act.
- An area can become an aquaculture management area only after it has been assessed for any undue adverse effects on fishing and there has been a determination, or an aquaculture agreement, or where it has been deemed to be an AMA under the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.
Amendments will also address a number of other technical issues that have been identified since implementation of the reforms.
The proposed amendments to settlement legislation will directly impact on issues due to be considered by the High Court in the Golden Bay Marine Farmers Consortium Ltd v Tasman District Council proceedings.
Media release at http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=29317
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