Section 43K of the Principal Act is amended as follows:

(a) by omitting paragraph (a) from subsection (2) and substituting the following paragraphs:

(aa) is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and

(a) does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and

(b) by inserting the following subsections after subsection (2) :

(2A)  An amendment of a condition or restriction specified in a permit is not to be taken to contravene subsection (2)(a) by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Commission or the Appeal Tribunal.

(2B)  A condition or restriction ( the fresh condition or restriction ) specified by the Commission or the Appeal Tribunal in a permit is not to be taken, for the purposes of this section, to be required or imposed by the Commission or the Appeal Tribunal if –

(a) the fresh condition or restriction is to the same effect as a condition or restriction that was specified in the permit by the planning authority before the Commission or the Appeal Tribunal specified the fresh condition or restriction in the permit; and

(b) the fresh condition or restriction is not referred to in the decision, in relation to the permit, of –

(i) the Appeal Tribunal under section 23 of the Resource Management and Planning Appeal Tribunal Act 1993 ; or

(ii) the Commission under section 43H .

(c) by inserting the following subsection after subsection (5) :

(6)  If the planning authority amends a permit referred to in section 43H containing a condition or restriction which the Heritage Council has required under section 39(6) of the Historic Cultural Heritage Act 1995 , the planning authority must, by notice in writing served on the Heritage Council, notify the Council of the amendment.