Marine Mammals Protection Regulations 1992
Status quo and problem
Commercial operators who wish to seek to come into contact with marine mammals must obtain a permit to do so. Permits can be granted for up to 10 years. The process for renewing marine mammal operator permits under the Marine Mammals Protection Regulations is ambiguous. It does not state whether a person seeking to renew a permit must advertise his/her intention and comply with the advertising process as if it were a new permit, or if they can dispense with advertising if the proposed renewal involves conditions and terms that are not substantially different from the expired permit. The renewal process is time-consuming (involving potentially months of delay), and where no substantive change is proposed the criteria used for new permit applications are largely unnecessary for holders of newly expired permits. The average processing cost for recent new applications is estimated to be $600 plus GST and for a non-advertised renewal $300 plus GST.
Objectives
The public policy objective is to ensure that the permit renewal process is clear and does not cause any unnecessary cost and/or delay.
Preferred option
Amend the Regulations to make it clear that an applicant for permit renewal is not required to advertise its intention to renew its permit if the proposed renewal of permit involves conditions and terms that are not substantially different from those in the expired permit. This will streamline the permit renewal process for permit holders seeking to renew permits, and remove uncertainty. Permit renewal processing costs to both the applicants and the Department will be minimised. Compliance costs will be reduced, as the cost of advertising in public newspapers would be dispensed with and there would be no submission process for operations where no substantive change to the business is proposed.
Implementation and Review
The Department of Conservation will notify its administrative staff (who process applications for renewal of marine mammal operator permits) about the process, and also those who hold such permits. The Department does not need a specific enforcement strategy for the proposal or to monitor and evaluate it.
Consultation
[…]. Te Puni Kokiri has been consulted and is supportive of the proposal.
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