Marlborough Sounds Resource Management Plan 25 August 2011 space. Areas for new marine farming (Aquaculture Management Areas – AMAs) need to be identified in the Plan, and coastal permits for marine farms within AMAs are issued by the Council. The Ministry of Fisheries contributes to the Plan process by testing for any undue adverse effects on commercial, customary or recreational fisheries prior to an AMA being approved in the Plan. Space within AMAs is also to be allocated to iwi to settle Maori claims to commercial marine farming. 9.1.1 Coastal Occupancy Charges The Resource Management Amendment Act 1997 gave regional councils the opportunity of introducing a charging regime for the occupation of coastal space within the coastal marine area. The amendment placed a responsibility on councils to place a statement in their Regional Coastal Plans, either to set out a charging regime or to say they will not do so. The Act also specified that any money so collected must be spent on the sustainable management of the coastal marine area. Section 64A of the Act requires Council to have regard to both public and private benefits in determining whether or not a coastal occupation charging regime should apply. Council must consider the extent to which: • Public benefits from the coastal marine area are lost or gained; and • Private benefit is obtained from the occupation of the coastal marine area. The premise underlying coastal occupation charges is that exclusive occupation of the coastal marine area is a privilege not a right - it is public space over which everyone has a right of access, and if used so as to exclude others a similar option of use, the public should be compensated for that exclusion and loss of opportunity. Most occupations will result in elements of both public and private benefit, and the extent to which they are exclusive will vary. The identification of benefits (public/private) is limited to those directly arising from a structure which is occupying the space, not the associated activity that is facilitated by that structure being present. The benefits or otherwise of the associated activity are assessed through the coastal permit process. Council has carried out an exercise to assess the relative benefits associated with different types of occupation. This has allowed a comparative assessment in terms of where the principal benefit lies. If charges are to offset the loss of public opportunity as a consequence of exclusive occupation, they should apply in principle wherever there is a net private benefit to the occupier. In carrying out this exercise Council considers that it is justified in principle in charging for occupation of coastal space in circumstances where net private benefit is greater than net public benefit. In these circumstances the Council is committed to introducing a coastal occupancy charging regime. Council has completed an information database on the various occupations within the Coastal Marine Area and is satisfied that it now has adequate information in that database to enable the implementation of a coastal occupancy charging regime. However, further work, is required to determine the circumstances in 9 - 2