NEW ZEALAND GAZETTE, No. 104

26 JUNE 2008

2771

(ii) but for the fact that no acoustic source was running, would have required an acoustic source to be turned off under any of those paragraphs.

(i) No acoustic source may be activated or reactivated at any time during poor visibility if:

(i) no acoustic source on the vessel has been active during the previous 24 hours; or

(ii) during the previous two hours, cetaceans have been seen from the vessel (or a spotter vessel or aircraft acting on the person’s behalf) within 10,000m of the place where the source is.

(j) An acoustic source must not be activated or reactivated except by gradually increasing power over a period of at least 30 minutes.

(k) While an acoustic source is being activated or reactivated (otherwise than during poor visibility), at least one qualified observer must continuously make visual observations all around the vessel and source for the presence of cetaceans:

(i) from the bridge, or preferably an even higher vantage point; and

(ii) using both binoculars and the naked eye.

Requirements to shut down

(l) If, while an acoustic source is activated, a cow-calf pair of cetaceans is seen to be or come within 1,500m of the vessel or source, the source must immediately be shut down.

(m) If, while an acoustic source is activated, a cetacean is seen to be or come within 500m of the vessel or source, the source must immediately be shut down.

(n) If a cetacean is detected (at any distance from the vessel) by passive acoustic monitoring while an acoustic source is activated during poor visibility, the source must immediately be shut down.

Operations during poor visibility

(o) While an acoustic source is being activated or reactivated during poor visibility, passive acoustic monitoring for the presence of cetaceans must be continuously maintained on the vessel.

(4) Paragraphs (c) and (d) of subclause (3) are cumulative.

(5) Paragraph (e) of subclause (3) does not limit or affect paragraphs (l) to (n) of that subclause.

Dated at Wellington this 26th day of June 2008.

STEVE CHADWICK, Minister of Conservation.

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Culture and Heritage

Crown Entities Act 2004

Appointment to the New Zealand Historic Places Trust Board

Pursuant to section 28 of the Crown Entities Act 2004, I appoint

Errol Clark, of Wellington

as a member of the New Zealand Historic Places Trust Board for a term of office from 9 April 2008 to 31 March 2011.

Dated at Wellington this 7th day of April 2008.

HON JUDITH TIZARD, Acting Minister for Arts, Culture and Heritage.

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Economic Development

Electricity Act 1992

Declaration of Powerco Transmission Services Limited as an Electricity Operator

Pursuant to section 4 of the Electricity Act 1992, I hereby declare

Powerco Transmission Services Limited

to be an electricity operator for all the purposes of the Electricity Act 1992.

Dated at Wellington this 23rd day of June 2008.

DAVID PARKER, Minister of Energy.

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Declaration of Vector Wellington Electricity Network Limited as an Electricity Operator

Pursuant to section 4 of the Electricity Act 1992, I hereby declare

Vector Wellington Electricity Network Limited

to be an electricity operator for the purposes of sections 24 and 31 of the Electricity Act 1992.

Dated at Wellington this 23rd day of June 2008.

DAVID PARKER, Minister of Energy.

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Education

Education Act 1989

The Education (2009 Fee and Course Costs Maxima) Notice 2008

Under sections 159L(3)(d) and 159M(b) of the Education Act 1989, the Minister for Tertiary Education gives notice of the proposed conditions setting limits on maximum fees that tertiary education organisations may charge domestic students in 2009.

Notice

1. Title—This notice may be cited as the Education (2009 Fee and Course Costs Maxima) Notice 2008.

2. Commencement—The proposed conditions outlined in this notice apply for the 2009 academic year only.