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This figure shows the process of how AMAs - Aquaculture Management Areas - are established.
Moratorium lifts (Dec 2004)
RMA is now main tool for managing aquaculture space. There is a general prohibition on aquaculture that can only be lifted by establishing AMAs. There are three possible routes:
1. Transitional provisions - Marine Farming Act leases and licences are transferred to the RMA
Transfer Fisheries Act permit conditions obtained under the current dual RMA/Fisheries system into RMA consents
Completing the current applications under both the RMA and Fisheries Act, including those on hold under the moratorium
All existing marine farms deemed as AMAs, once processed through transitional provisions (unless prohibited in a plan)
2. Council initiated Plan Change
Council undertakes RMA plan change process (involves consultation, submissions and potential appeals to the Environment Court before the plan is approved)
Undue Adverse Effects test undertaken by Ministry of Fisheries before plan is
20 percent of representative space identified in the process is set aside for Maori
3. Private Plan Change
Council undertakes 'constraints mapping' to determine indicative areas for aquaculture
Council invites private plan change within remaining areas
Private plan change (the same as a council initiated process, except funded by industry)
After an AMA created and identified in the coastal plan, the prohibition on aquaculture is lifted on the area of the AMA
Councils initiate a tender process (Successful tenderer applies for resource consent).
Private plan change initiator has preferential right to apply for resource consent (if required)
New default for dealing with expiring aquaculture resource consents (incumbent gets their application considered first, and must meet set criteria)