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Resource Management Act 1991

Resource consents - Decisions on applications relating to discharge of greenhouse gases

105: Matters relevant to certain applications

You could also call this:

“Things the council must think about when someone asks to put stuff in the water or on the coast”

When you apply for a permit to discharge something into the environment or do something in a coastal area that might go against sections 15 or 15B of the law, the authority that gives consent needs to look at some extra things. They need to think about what kind of discharge it is and how easily the environment where it’s going could be harmed. They also need to consider why you chose this particular way of doing things. Finally, they need to think about whether there are any other ways you could discharge the substance, including putting it somewhere else.

If you’re asking for permission to reclaim land (which means creating new dry land in an area that used to be underwater), the authority needs to think about whether it’s a good idea to create a public reserve or strip of land along the edge. If they think it is, they can make it a condition of giving you permission.

These are things the authority has to think about on top of everything else they consider when deciding whether to give permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234380.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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Part 6 Resource consents
Decisions on applications relating to discharge of greenhouse gases

105Matters relevant to certain applications

  1. If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B, the consent authority must, in addition to the matters in section 104(1), have regard to—

  2. the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
    1. the applicant's reasons for the proposed choice; and
      1. any possible alternative methods of discharge, including discharge into any other receiving environment.

        1. If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1), consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 108(2)(g) on the resource consent.

        Notes
        • Section 105: replaced, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).