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Resource Management Act 1991

Resource consents - Transfer of consents

137: Transferability of discharge permits

You could also call this:

"Transferring a discharge permit to someone else or a different site"

If you have a discharge permit, you can transfer part or all of it to someone else. You can do this for the site the permit was granted for, or for a different site. You can transfer the permit to another owner or occupier of the site, or to a local authority. If you want to transfer the permit to a different site, you need to check the regional plan to see if it is allowed.

If a regional plan allows the transfer, or if you get permission from the consent authority, you can make the transfer. The transfer must not make the environment worse, and it must not break any national environmental standards. If the discharge is to water, both sites must be in the same catchment, and if the discharge is to air, both sites must be in the same air-shed or region.

To apply for a transfer, you and the person you are transferring to must fill out a form together. The application will be considered under sections 39 to 42A, 88 to 115, 120, and 121 as if you were applying for a new resource consent. The transfer is not official until the consent authority gets written notice of it.

When the consent authority gets the notice, the original permit will be cancelled, and the transferred part will become a new permit with the same conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235268.

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Environment and resources > Town planningEnvironment and resources > Conservation
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Part 6Resource consents
Transfer of consents

137Transferability of discharge permits

  1. The holder of a discharge permit may—

  2. transfer part or all of the holder's interest in the permit; and
    1. make the transfer for part or all of the remaining period of the permit.

      1. The holder may make the transfer if it—

      2. is for the site for which the permit is granted; and
        1. is to—
          1. another owner or occupier of the site for which the permit is granted; or
            1. a local authority.

            2. The holder may make the transfer if it is for another site and is to any person, if a regional plan—

            3. allows the transfer; or
              1. allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.

                1. A regional plan may allow a transfer or a consent authority may allow a transfer if—

                2. the transfer does not worsen the actual or potential effect of any discharges on the environment; and
                  1. the transfer does not result in any discharges that contravene a national environmental standard; and
                    1. if the discharge is to water, both sites are in the same catchment; and
                      1. if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and
                        1. if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.

                          1. An application under subsection (3)(b)—

                          2. must be in the prescribed form; and
                            1. must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and
                              1. must be considered under sections 39 to 42A, 88 to 115, 120, and 121 as if—
                                1. the application for a transfer were an application for a resource consent; and
                                  1. the holder were an applicant for a resource consent.

                                  2. The transfer has no effect until the consent authority that granted the permit receives written notice of it.

                                  3. When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—

                                  4. the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
                                    1. the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.

                                      Notes
                                      • Section 137: replaced, on , by section 75 of the Resource Management Amendment Act 2005 (2005 No 87).
                                      • Section 137(5)(c): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).