The main elements of the reform include the expiry of the moratorium on aquaculture, and the introduction of a requirement that aquaculture can occur only in Aquaculture Management Areas (AMAs), to be defined in RMA regional coastal plans (this means that the moratorium effectively carries on until a plan containing AMAs is made operative). However marine farmers will still be required to get a resource consent under the RMA, and to be registered under the Fisheries Act.
Regional and unitary councils, the Ministry of Fisheries and the Department of Conservation are given specific responsibilities for the development of new Aquaculture Management Areas. The reform also provides for a new invited private RMA plan change process. Most existing marine farms are deemed AMAs.
An AMA must satisfy the Undue Adverse Effects (UAE) test on fishing exercised by the Chief Executive of the Ministry of Fisheries, before it can be notified. Final approval of the aquaculture provisions of a regional coastal plan remains the responsibility of the Minister of Conservation.
The Minister of Conservation can direct regional councils in relation to the allocation of coastal space. The circumstances in which this power of direction can be exercised are limited and include the need to give effect to government policy in the coastal marine area or to preserve the Crown’s ability to give effect to any obligation of the Crown arising out of an agreement in principle or deed of settlement between the Crown and iwi.
The reform changes the rules governing the occupation of coastal space for all activities not just aquaculture. These changes include:
- Tendering and other allocation methods can now be used by councils
- Rules can be made to address the effects of occupation and to manage competition for the occupation of space including the processing and hearing of applications together, limiting the character, intensity and scale of activities and the size of space that may be occupied.
Further details describing the aquaculture reform is available from the Ministry for the Environment.