35Consent required for declarations

35 Consent required for declarations

35 Consent required for declarations

(1) The relevant Ministers are required to obtain the appropriate consent before declaring an area to be an aquatic reserve.

(2) The appropriate consent for an area (other than an area of public water land) is the consent of the owner of the land concerned.

(3) The appropriate consent for an area of public water land is—

(a) in the case of public water land that is Crown land—the consent of the Minister administering the Crown Land Management Act 2016, and

(b) in the case of public water land that is vested in a local or public authority or in trustees for a public purpose—the consent of that authority or those trustees.

(4) This section does not apply—

(a) to an area of water and the land submerged by that water below mean high water mark, or

(b) to an area vested in the relevant Ministers, or

(c) to an area subject to an aquaculture lease under the Fisheries Management Act 1994.

s 35: Am 2017 No 17, Sch 4.56 [4].