On this page: Background, what are occupation charges?, ownership of the seabed, what we are doing, more information
Most of the coastal marine area is public space, also known as the common marine and coastal area, or the 'commons'. No person may occupy the commons on an ongoing basis (eg. with a fixed mooring, a jetty or a marine farm) unless they hold a resource consent or a rule in the regional coastal plan permits it.
All regional councils are required by law to decide whether or not to levy a coastal occupation charge on any person or business that occupies the commons. Waikato Regional Council believes that such charges are appropriate and should be levied on private occupation of public marine space.
Background
Most of the Waikato region’s coastal marine area is public space, available for the community's use and enjoyment. In some locations private or commercial structures may affect the public's use of or access to the coastal marine area.
Following initial consultation in 2003, Waikato Regional Council has considered whether coastal occupation charges should be levied and believes that they are appropriate and should be levied as a rental on private occupations of public space. Any charge should be relative to the degree to which the public is excluded and the extent of private benefits gained by the occupier.
What are occupation charges?
An occupation charge would be an annual fee, to be paid by any person, business or organisation that occupies public space in the coastal marine area. It would be like a rental for occupying public space, similar to the concessions paid for occupying and using national parks and reserves. They are intended to compensate the public for the private use of their space and for any loss of access to it.
These charges replace an earlier system of foreshore licence fees that were levied under the Harbours Act, and coastal rentals levied under regulations. In 1997 these were replaced with the coastal occupation charging system in the RMA.
Charges could apply to wharves, jetties, boat ramps, boat sheds, moorings, marine farms, marinas, cables and pipelines. They would only apply to occupation of public space within the coastal marine area. They would not apply to structures intended solely for the use of the public.
Ownership of the seabed
The Marine and Coastal Area (Takutai Moana) Act 2011 created a new regime in which no person, including the Crown, is able to own any part of the common marine and coastal area (the commons). The small areas of private title that already existed in the coastal marine area were unaffected and are not part of the commons.
Occupation charges can only apply to the commons. Occupation of privately owned space in the coastal marine area is not subject to any coastal occupation charge.
Maori are able to seek recognition of their customary title and rights in the commons. Any person exercising a protected customary right is not subject to an occupation charge. Any group that holds customary marine title is not required to pay occupation charges in relation to that space.
What we are doing
Waikato Regional Council is of the view that coastal occupation charges, as a form of rental, should be levied on the private use of public space.
The proposed Regional Policy Statement states that Council will establish an occupation charging regime in the Regional Coastal Plan (method 7.1.3) and use the revenue to enhance the sustainable management of the coastal marine area.
At this time, Waikato Regional Council does not expect to make any further changes to the Regional Coastal Plan until it is reviewed. The review is expected to start in 2014/15 and will take several years. Coastal occupation charges will be implemented as part of the review and will not take effect until the new plan is operative.
More information
If you’d like to be involved in any discussions on coastal occupation charges, or would like more information, call Waikato Regional Council’s freephone 0800 800 401.
Coastal marine area (CMA)
The coastal marine area (CMA) is defined as the area encompassing the foreshore, seabed and coastal water, and air space above the water:
- of which the seaward boundary is the outer limits of the territorial sea:
- of which the landward boundary is the line of mean high water springs, except where that line crosses a river. The landward boundary at that point shall be whichever is the lesser of
- one kilometre upstream from the mouth of the river; or
- the point upstream that is calculated by multiplying the width of the river mouth by 5.