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Resource Management Act 1991  069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
Regional Plans
71   Rules about esplanade reserves on reclamation




   71. Rules about esplanade reserves on reclamation---(1) Subject to
 subsection (2), a regional council may include in its regional plan a
 rule which makes provision (either generally or in a particular locality
 or in particular circumstances) for---
   (a) Esplanade reserves required to be set apart under section 246 (3)
         along the mark of mean high water springs of the sea, or along
         the margin of any lake, or along the bank of any river, to be
         shown on a plan of survey submitted for approval under section
         245 to be of a width greater or less than 20 metres:
   (b) Section 245 (3) not to apply in respect of land along the bank of
         any river, or along the margin of any lake, or along the mark of
         mean high water springs of the sea.

   (2) Before a regional council includes in a regional plan a rule under
 subsection (1), the regional council shall be satisfied that---
   (a) In the case of a rule made under subsection (1) (a), the value of
         the esplanade reserve, in terms of the purposes specified in
         section 229, will not be significantly diminished:
   (b) In the case of a rule made under subsection (1) (b)---
           (i) By reason of security, public safety, or other exceptional
         circumstances it would not be appropriate for section 245 (3) to
         apply; or
           (ii) The land has little or no value in terms of the purposes
         specified in section 229; or
           (iii) Any value the land has in those terms can be adequately
         provided by other means.
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