New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 476

476 Applications for permits under Marine Pollution Act 1974

1 Where, before the date of the commencement of this Act, an application has been made for a permit under section 22B of the Marine Pollution Act 1974 and the application has not been granted, declined, or withdrawn before that date, the Minister shall deal with that application.

2 Where an application to which subsection (1) applies relates to the coastal marine area (as defined in the Resource Management Act 1991 ),—

a) the appropriate regional council or regional councils or territorial authority or territorial authorities shall be notified of that application:

b) a regional council or territorial authority notified of the application may report to the Minister, in writing, on any aspect of the application:

c) the Minister may request and receive information from any regional council or territorial authority to assist in determining the application.

3 In determining an application that relates to the coastal marine area, the Minister may—

a) have regard to the provisions of the Resource Management Act 1991 ; and

b) in addition to any other conditions, impose conditions of the kind described in section 108 of that Act .

4 Where any permit is issued under this section, in relation to the coastal marine area, that permit shall be deemed for all purposes (including appeals) to be a coastal permit issued by the appropriate regional council under the Resource Management Act 1991 and the provisions of that Act shall apply accordingly.

5 Notwithstanding section 12(6) or section 15(3) of the Resource Management Act 1991 , a coastal permit deemed by subsection (2) to have been granted does not authorise any person to do anything that would otherwise contravene section 12 or section 15 of that Act.