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 to consider when applying to do something that affects the environment"

When you apply for a discharge permit or coastal permit to do something that goes against section 15 or section 15B, the consent authority must think about some extra things. They must consider the type of discharge and how sensitive the environment is to bad effects. They must also think about why you chose that method and if there are other ways to do it that might be better.

When you apply for a resource consent to reclaim land, the consent authority must think about whether an esplanade reserve or esplanade strip is a good idea. If they think it is, they can add a condition to your resource consent under section 108(2)(g). They must also consider the things mentioned in section 104(1) when making their decision.

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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.


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Part 6Resource 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).