Marlborough Sounds Resource Management Plan 25 August 2011 35A.2.1.1 Circumstances under which the Alternative Allocation Method will Apply Rule 35A.2.1.1 shall be used to obtain the right to apply for coastal permits for marine farming in operative AMA Zones, where the AMA Zone, or the part of the AMA Zone, arose from a Private Plan Change under Schedules 1, Part 2, and 1A of the Act. Where Rule 35A.2.1.2 refers to a Private Plan Change, it is referring to the Private Plan Change which successfully resulted in the creation of the operative AMA Zone. 35A.2.1.2 Alternative Allocation Method Under the circumstances specified in Rule 35A.2.1.1, the right to apply for coastal permits for marine farming will only be obtained by way of the following methods: 35A.2.1.2.1 One Private Plan Change Request The right to apply for coastal permits for marine farming for an area in an AMA Zone arising from a single Private Plan Change shall be obtained by the person who requested the Private Plan Change. 35A.2.1.2.2 More than One Private Plan Change Request for the Same Area Where more than one Private Plan Change request was made to Council for the same area of an AMA Zone, the right to apply for coastal permits for marine farming for the overlapping area shall be obtained by the person whose Private Plan Change request was the first to either: i. provide all required information; or ii. decline to provide further or additional information requested by the Council in writing when the Council or the Environment Court determines that the requested information was not required to be provided; and the Private Plan Change successfully resulted in the creation of an operative AMA zone for that area. Subject to Rule 35A.2.1.3 (which relates to reservations for commercial fishing), this right to apply for coastal permits for marine farming shall be obtained on the date on which the Private Plan Change becomes operative. 35A.2.1.2.3 The Right to Apply for Coastal Permits for Marine Farms not Taken Up Where the right to apply for a coastal permit for marine farming has been obtained by a person under Rules 35A.2.1.2.1 or 35A.2.1.2.2, and: i. The right to apply for a coastal permit for marine farming by that person lapses; or ii. A coastal permit for marine farming is granted to the person that has the right to apply, but it lapses; authorisations within that area shall be offered by way of public tendering. For the purposes of Rule 35A.2.1.2.3 i., “lapse” shall have the meaning specified in Section 165N of the Act, as if the right to apply for a coastal permit for marine farming was an authorisation. 35A - 2