National Environmental Standards for Marine Aquaculture
National Environmental Standards for Marine Aquaculture
Monday 7 December, 2020
The Resource Management (National Environmental Standards for Marine Aquaculture) Regulations 2020 (“NES-MA” or “Standards”) were released on 30 July and will come into force on 1 December 2020. The Standards are part of the Government’s Aquaculture Strategy which aims to guide the sustainable growth of New Zealand’s aquaculture industry.
Many coastal permits for existing marine farms are due to expire between 2020 and 2025 so the purpose of the NES-MA is to ensure marine aquaculture can continue to contribute to regional development. Rules for considering replacement consents have varied between regions which created uncertainty; therefore, the NES-MA will provide a consistent regime for considering replacement coastal permits across New Zealand. The Standards will replace regional plan rules except where the NES-MA provides that certain rules remain in force. The Standards apply to replacement permits for existing marine farms only and do not apply to applications for permits for the establishment of new marine farms.
Replacement coastal permits for existing marine farms in inappropriate areas for existing aquaculture activities
The replacement of coastal permits for existing marine farms in areas identified in a policy statement or plan, or proposed policy statement or plan, as inappropriate for existing aquaculture activities is provided under the Standards as a discretionary activity. However, regional councils may set more stringent rules for these activities in its regional plan or proposed regional plan.
Replacement coastal permits for existing marine farms with no change in consented species
The replacement of coastal permits for existing marine farms that are not within an inappropriate area for existing aquaculture activities is a restricted discretionary activity, where the area, site, species, and structures and anchoring systems are the same as those authorised under the existing consent.
The realignment of an existing marine farm to an area that is not within an inappropriate area for existing aquaculture activities is provided for as a restricted discretionary activity where it can meet certain requirements, including that the realignment is no more than one-third of the existing consented area.
The matters over which discretion is restricted are provided for, as well as additional matters for existing marine farms that involve fed aquaculture, offshore marine farms, marine farms within outstanding areas, and for realignment of marine farms.
Regional councils may provide more lenient rules in its regional plan or proposed regional plan for these types of activities than that of a restricted discretionary activity.
Public or limited notification is precluded for replacement coastal permits which are not within an inappropriate area for existing aquaculture activities, unless required under the Resource Management Act 1991 (“RMA”). However, public notification is precluded altogether in some circumstances.
Replacement coastal permits for exiting marine farms to change consented species.
The replacement of coastal permits for existing marine farms, where there is a complete change of the consented species to be farmed or where there is an addition of a new species to the existing consented species, is provided for as a restricted discretionary activity.
The replacement of coastal permits where there is a change in the consented species and:
- a change to the form of the subsurface structures; or
- a change to any marine farm structure; or
- a change to any of the marine farm structures and realignment of the existing marine farm to an area outside an inappropriate area for existing aquaculture activities, are provided as restricted discretionary activities where they comply with the requirements.
The matters over which discretion is restricted are provided for, as well as additional matters for marine farms within outstanding areas and for offshore marine farms.
Again, regional councils may provide more lenient rules in its regional plan or proposed regional plan for these types of activities than that of a restricted discretionary activity, and public and limited notification is precluded in some circumstances.
These provisions only apply to existing marine farms that obtained a coastal permit before the commencement date of the Standards. They do not apply in certain circumstances, including to marine farms consented for spat catching and the addition of spat catching to existing marine farms.
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