The Resource Management (Marlborough Sounds Coastal Tendering-Marine Farming) Order 1996 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 8th day of July 1996 Present: His Excellency the Governor-General in Council Pursuant to section 152 of the Resource Management Act 1991, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order. O r d e r 1. Title and commencement (1) This order may be cited as the Resource Management (Marlborough Sounds Coastal Tendering-Marine Farming) Order 1996. (2) This order shall come into force on the day after the date of its publication in the Gazette. 2. Consent authority not to grant coastal permit,[el]etc. (1) A consent authority shall not grant a coastal permit in respect of any land of the Crown within the area of the internal waters of New Zealand (as defined in the Territorial Sea and Exclusive Economic Zone Act 1977), and those portions of the coastal marine area landward of the internal waters, within the boundaries of the Proposed Marlborough Sounds Resource Management Plan (publicly notified 31 July 1995) (Cape Soucis to Rarangi and thence to the point of intersection of the baseline of the Territorial Sea and the boundary of the Marlborough Sounds Resource Management Plan as defined in the Proposed Plan Volume 3 Zoning Map 4) which would authorise the holder of a permit (if granted) to occupy within the meaning of section 12 (4) of the Resource Management Act 1991 for any period exceeding 6 months any space in the above described area for a marine farming activity which would require a marine farming permit under section 67j or section 67q of the Fisheries Act 1983. (2) The direction in subclause (1) of this clause shall not apply to or affect any of the applications or other matters referred to in section 153 of the Resource Management Act 1991, namely (a) Any application for a coastal permit made before the date on which this order came into force: (b) Any application, whether made before or after the date on which this order came into force, for a coastal permit to do something (i) That otherwise would contravene section 14 or section 15 of the Resource Management Act 1991; or (ii) That would otherwise contravene section 12 of[el]that Act (other than something described in section 152 (1) (a) to (c) of that Act): (c) Any application to which any of sections 389, 390, 390a, 390c, 393, 395, and 397 of that Act apply: (d) The operation of section 124 of that Act (relating to the exercise of resource consents while applying for a new resource consent): (e) Any of the following in force or being carried out on the date on which this order came into force: (i) Any coastal permit: (ii) Any lease, licence, permit, Order in Council, or approval described in section 425 or section 426 of that Act: (iii) Any permitted activity in the coastal marine area: (iv) Any other lawful activity. (3) The said direction shall also not apply to the grant of a permit which is for the continuation of an activity being carried out under an existing permit, where the holder of that permit has applied for a new permit under section 124 of the Resource Management Act 1991 after the date on which this order came into force, nor to a variation to an existing permit for a marine farming activity made under section 67k of the Fisheries Act 1983 which does not alter the area of land being occupied. MARIE SHROFF, Clerk of the Executive Council. (DOC: 5: Legal: WS2797)