Wairau/ Awatere Resource Management Plan 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 the Council to have regard to both public and private benefits in determining whether or not a coastal occupation charging regime should apply. The Council must consider the extent to which: Public benefits from the coastal marine area 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. The 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 the 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. However there are a number of issues that need to be dealt with before a charging regime is introduced. There are some gaps in the information database the Council holds on the various occupations, particularly for moorings. The Council is also concerned at some of the inequities of the charging regime prescribed by the Act, particularly in relation to marine farm leases/ licences issued prior to the introduction of the Act. The coastal occupancy charges are not applicable to these marine farms but are applicable to marine farms granted permission by way of resource consent. Once these issues are addressed the Council will introduce a charging regime by way of future variation/ plan change. Prior to charges being introduced the Council will carry out further investigatory work and undertake consultation (as required by the Act) with the community and other affected parties on the following: When a charge will be imposed; When charges may be waived; How the charges would be collected; What the level of charges would be; What the money would be spent on; and How the regime would be administered. 9 - 2