45Emergency plans

45 Emergency plans

(1)  [Section 45 Subsection (1) amended by No. 61 of 2001, s. 27, Applied:19 Sep 2001] The planning authority may prepare a draft emergency plan in respect of any lease area or other area providing for any matter which a marine farming development plan may provide if satisfied that –

(a) [Section 45 Subsection (1) amended by No. 61 of 2001, s. 27, Applied:19 Sep 2001] there is likely to be a substantial deterioration in the quality of the water within a lease area; or

(b) [Section 45 Subsection (1) amended by No. 61 of 2001, s. 27, Applied:19 Sep 2001] there is pollution which substantially affects or is likely to substantially affect the water or fish in a lease area; or

(c) [Section 45 Subsection (1) amended by No. 61 of 2001, s. 27, Applied:19 Sep 2001] pests or diseases affect or are likely to affect substantially the water or fish in a lease area.

(1AA)  [Section 45 Subsection (1AA) inserted by No. 46 of 2017, s. 50, Applied:04 Dec 2017] An emergency plan must include any matters relating to environmental management of finfish farming that the Director, EPA requires to be included in such a plan.

(1A)  [Section 45 Subsection (1A) inserted by No. 61 of 2001, s. 27, Applied:19 Sep 2001] An emergency plan may include a provision restricting or prohibiting the use of a lease area for a specified period.

(2)  [Section 45 Subsection (2) amended by No. 46 of 2017, s. 50, Applied:04 Dec 2017] The planning authority must submit the draft emergency plan to the Panel and to the Director, EPA.

(3)  The Panel must –

(a) consider the terms of the draft emergency plan and the circumstances requiring the plan; and