48Review of marine farming development plans

### 48 Review of marine farming development plans > > (1)  [*\[Section 48 Subsection (1) amended by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpa@EN) The planning authority must review a marine farming development plan when required to do so by the Minister or at least once every 10 years to ensure that the objectives of resource management, having regard to any relevant changing circumstances, are achieved to the maximum extent possible. > > > (2)  [*\[Section 48 Subsection (2) substituted by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpb@EN) If the planning authority considers that a marine farming development plan should be modified as a result of the review, it is to notify the Minister accordingly. > > > (3)  [*\[Section 48 Subsection (3) substituted by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpb@EN) If the Minister is of the opinion that the marine farming development plan requires modification – > > > > > > (a) the Minister is to direct the planning authority to prepare a draft modification; and > > > > > > > (b) the provisions of [Division 1](#HP3@HD1@EN) of this Part, other than [sections 15(2)](#GS15@Gs2@EN) , [16](#GS16@EN) , [17](#GS17@EN) and [25(1)](#GS25@Gs1@EN) , apply in relation to a draft modification to the plan as if it were a modification to a draft marine farming development plan; and > > > > > > > (c) the marine farming development plan ceases to have effect on the date the Minister gives final approval to the plan as modified. > > > (4)  [*\[Section 48 Subsection (4) inserted by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpb@EN) A marine farming development plan approved as a result of a review prevails to the extent of any inconsistency over any other marine farming development plan existing at the date of the approval and continuing in existence after that date. > > > (5)  [*\[Section 48 Subsection (5) inserted by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpb@EN) A lease in respect of an area that is covered by a marine farming development plan approved as a result of a review remains in force for the remainder of the period for which it was granted if a marine farming development plan does not provide for – > > > > > > (a) the relocation of the lease area; and > > > > > > > (b) the continued marine farming under a marine farming licence of the species of fish being farmed within the lease area as at the date of approval of the marine farming development plan. > > > (6)  [*\[Section 48 Subsection (6) inserted by No. 61 of 2001, s. 28, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS28@Hpb@EN) The Minister may renew a marine farming licence in respect of the area to which a lease referred to in [subsection (5)](#GS48@Gs5@EN) relates during any period during which a lease continues to be in force – > > > > > > (a) despite any inconsistency between that licence and the marine farming development plan as approved; and > > > > > > > (b) only if the licence relates to the marine farming of the species of fish being farmed within the lease area as at the date of approval of the marine farming development plan.