Marine Reserve (Whangarei Harbour) Order, 2006

Marine Reserve (Whangarei Harbour) Order 2006 Anand Satyanand, Governor-General Order in Council At Wellington this 11th day of September 2006 Present: His Excellency the Governor-General in Council Pursuant to section 4(1) of the Marine Reserves Act 1971, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order. Contents 1 Title 2 Commencement 3 Whangarei Harbour Marine Reserve created 4 Condition relating to existing discharge 5 Condition relating to existing structure Schedule Whangarei Harbour Marine Reserve Order 1 Title This order is the Marine Reserve (Whangarei Harbour) Order 2006. 2 Commencement This order comes into force on 18 October 2006. 3 Whangarei Harbour Marine Reserve created The area described in the Schedule is declared to be a marine reserve to be known as the Whangarei Harbour Marine Reserve. 4 Condition relating to existing discharge (1) Clause 3 is subject to the condition that where, at the commencement of this order, a contaminant is being discharged within or into the marine reserve, the discharge of that contaminant may continue subject to (a) the provisions of the Resource Management Act 1991; and (b) compliance with all other legal requirements relating to the discharge of that contaminant. (2) In this clause, the terms contaminant and discharge have the meanings given to them by section 2(1) of the Resource Management Act 1991. 5 Condition relating to existing structure Clause 3 is subject to the condition that where, at the commencement of this order, a structure (or part of a structure) exists in the marine reserve, the structure may remain and be maintained subject to (a) the provisions of the Resource Management Act 1991; and (b) compliance with all other legal requirements relating to the structure. Schedule cl 3 Whangarei Harbour Marine Reserve That area (within the meaning of the Marine Reserves Act 1971) comprising 26.01 hectares shown marked "Sec 1" on SO Plan 364418 and 210.50 hectares shown marked "Sec 1" on SO Plan 364421. Diane Morcom, Clerk of the Executive Council. Explanatory Note This note is not part of the order, but is intended to indicate its general effect. This order, which comes into effect on 18 October 2006, constitutes the Whangarei Harbour Marine Reserve. Clauses 4 and 5 contain conditions relating to existing discharges and structures in the marine reserve. A copy of the description and maps showing the location of these discharges and structures is available from the Head Office of the Department of Conservation in Wellington. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 14 September 2006. This order is administered by the Department of Conservation.