RMLA Submission on Marine Consents Extension Bill
On June 14 2024 RMLA submitted on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill.
A summary of our submission is as follows:
1. In summary, the RMLA does not consider the Bill will achieve the purposes of Part 2 of the RMA, nor will it achieve the intention of Government (that is, enabling certainty for permit holders). Rather the RMLA considers the Bill is likely to result in increased costs for permit holders and consent authorities primarily via increased litigation costs in the form of appeal and review proceedings and deterioration in the assessment and management of our natural resources that inevitably will adversely affect the productive capacity of aquaculture as an industry.
2. Secondly the RMLA does not consider there are 300 permits to be renewed by the end of 2024 but rather 34 permits further may due for replacement are likely able to rely upon s165ZH of the RMA 1991 to continue their permitted activity whilst they refine their application during processing.
3. Finally, the RMLA considers the current RMA process is sufficient, in particular having regard to s128(2A) however if an amendment to the RMA is to be made despite the reasons for refraining from doing so given in these submissions in order to address the 300 permits that must be renewed in 2024, the RMLA proposes an alternative:
(a) A 2-year extension in anticipation of replacement permit application:
(i) The duration period of these permits are extended by 2 years.
(ii) The permit holder must apply for renewal of permit within the 2 year period and may continue to undertake the permitted activity in compliance with the permit conditions during this 2 year period.
(iii) If the permit holder lodges its application for renewal prior to the expiry of the 2 year period they may continue to undertake the permitted activity in accordance with the current permit conditions until a decision is made in respect of the renewal application (including the period of resolution of any appeals arising from the application decision.