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The exclusive economic zone and continental shelf (environmental effects) Bill 2011

Robert Makgill UGent, Kellie Dawson and Nicola de Wit (2012) RESOURCE MANAGEMENT JOURNAL (AUCKLAND). p.1-6 & 16
abstract
This article looks at the The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill 2011 in light of New Zealand’s rights and obligations under the Law of the Sea Convention. It then addresses three key areas of concern including: (a) the purpose of the Bill; (b) the test for granting marine consents under clause 61(2); and (c) the precautionary approach. The writers consider that the Bill largely succeeds, in a drafting sense, in what it sets out to do (i.e. provide an effects based statutory regime for balancing environmental protection with economic development). However, the writers consider that the Bill fails to provide an adequate degree of clarity in respect of our three areas of concern. Lack of clarity in turn contributes to an overall failure to achieve a desirable level of integration with the Resource Management Act 1991 (“RMA”). This leads to our central concern, which is that “failure to achieve integrated management will result in unnecessary complexity and costs for the Crown, applicants, submitters (whether supporters, opponents or neutral), and decision-makers” (Robert Makgill and Alastair Logan, “The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill” (2012) 789 Lawtalk 15 at 15.)
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
journal title
RESOURCE MANAGEMENT JOURNAL (AUCKLAND)
Resour. manag. j. (Auckl.)
issue
April
pages
1 - 6 & 16
ISSN
1175-1444
language
English
UGent publication?
no
classification
A3
copyright statement
I have transferred the copyright for this publication to the publisher
id
3035666
handle
http://hdl.handle.net/1854/LU-3035666
date created
2012-10-28 03:23:28
date last changed
2014-09-29 15:09:12
@article{3035666,
  abstract     = {This article looks at the The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill 2011 in light of New Zealand{\textquoteright}s rights and obligations under the Law of the Sea Convention.  It then addresses three key areas of concern including: (a) the purpose of the Bill; (b) the test for granting marine consents under clause 61(2); and (c) the precautionary approach.  The writers consider that the Bill largely succeeds, in a drafting sense, in what it sets out to do (i.e. provide an effects based statutory regime for balancing environmental protection with economic development).  However, the writers consider that the Bill fails to provide an adequate degree of clarity in respect of our three areas of concern.  Lack of clarity in turn contributes to an overall failure to achieve a desirable level of integration with the Resource Management Act 1991 ({\textquotedblleft}RMA{\textquotedblright}).  This leads to our central concern, which is that {\textquotedblleft}failure to achieve integrated management will result in unnecessary complexity and costs for the Crown, applicants, submitters (whether supporters, opponents or neutral), and decision-makers{\textquotedblright} (Robert Makgill and Alastair Logan, {\textquotedblleft}The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill{\textquotedblright} (2012) 789 Lawtalk 15 at 15.)},
  author       = {Makgill, Robert and Dawson, Kellie and de Wit, Nicola},
  issn         = {1175-1444},
  journal      = {RESOURCE MANAGEMENT JOURNAL (AUCKLAND)},
  language     = {eng},
  number       = {April},
  pages        = {1--6 \& 16},
  title        = {The exclusive economic zone and continental shelf (environmental effects) Bill 2011},
  year         = {2012},
}

Chicago
Makgill, Robert, Kellie Dawson, and Nicola de Wit. 2012. “The Exclusive Economic Zone and Continental Shelf (environmental Effects) Bill 2011.” Resource Management Journal (auckland) (April): 1–6 & 16.
APA
Makgill, R., Dawson, K., & de Wit, N. (2012). The exclusive economic zone and continental shelf (environmental effects) Bill 2011. RESOURCE MANAGEMENT JOURNAL (AUCKLAND), (April), 1–6 & 16.
Vancouver
1.
Makgill R, Dawson K, de Wit N. The exclusive economic zone and continental shelf (environmental effects) Bill 2011. RESOURCE MANAGEMENT JOURNAL (AUCKLAND). 2012;(April):1–6 & 16.
MLA
Makgill, Robert, Kellie Dawson, and Nicola de Wit. “The Exclusive Economic Zone and Continental Shelf (environmental Effects) Bill 2011.” RESOURCE MANAGEMENT JOURNAL (AUCKLAND) April (2012): 1–6 & 16. Print.