124Exercise of resource consent while applying for new consent

1. Subsection (3) applies when—

2. a resource consent is due to expire; and
3. the holder of the consent applies for a new consent for the same activity; and
4. the application is made to the appropriate consent authority; and
5. the application is made at least 6 months before the expiry of the existing consent.

6. Subsection (3) also applies when—

7. a resource consent is due to expire; and
8. the holder of the consent applies for a new consent for the same activity; and
9. the application is made to the appropriate consent authority; and
10. the application is made in the period that—
    1. begins 6 months before the expiry of the existing consent; and
    2. ends 3 months before the expiry of the existing consent; and
11. the authority, in its discretion, allows the holder to continue to operate.

12. The holder of a resource consent for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard may, if they make an application under subsection (1) or (2), continue to operate under an expired consent—

13. for the duration specified in the environmental performance standard; or
14. if the environmental performance standard does not specify a duration, until the date determined under subsection (3).

15. The holder may continue to operate under the existing consent until—

16. a new consent is granted and all appeals are determined; or
17. a new consent is declined and all appeals are determined.

18. This section does not apply to an application to which section 165ZH applies.