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Resource Management Act 1991

Transitional provisions - Transitional resource consents

385: Existing clean air permissions to become discharge permits

You could also call this:

“Old permissions to release things into the air are now treated like special permits that let you do that.”

You need to know about old permissions for clean air that are now called discharge permits. If you had a permission under the Clean Air Act 1972, it’s now a discharge permit under the new law. The permit has the same rules as before, including some from the old Clean Air Act.

Your discharge permit lets you do certain things, but only if you were allowed to do them before. If you’re not sure what you can do, you should check your permit carefully.

You have two years from when the new law started, or until your permit runs out (whichever comes first), to ask the regional council to change your permit. You can ask them to add things that could have been in your old permission, or to let you release contaminants into the air.

Your new discharge permit will end one year after your old permission would have ended if the law hadn’t changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239869.

Topics:

Environment and resources > Conservation

Environment and resources > Climate and energy

Government and voting > Local councils

384A: Right of port companies to occupy coastal marine area, or

“Port companies can get special permission to use coastal areas for their work until 2026.”

386: Existing rights and authorities under Water and Soil Conservation Act 1967, or

“Old water-use rights become new permits with time limits and special rules”

Part 15 Transitional provisions
Transitional resource consents

385Existing clean air permissions to become discharge permits

Every permission granted under—
section 25 of the Clean Air Act 1972; or
section 31 of that Act—

Without limiting subsection (1), every permission to which subsection (1) applies shall be deemed to include, as conditions of the permission, sections 25(7), 26(8), and 31 of the Clean Air Act 1972.
Notwithstanding section 15, a discharge permit deemed to be granted by—
subsection (1)(a) does not authorise any person to do anything referred to in section 15 except where doing such a thing—
1. is also authorised by a discharge permit deemed to be granted by subsection (1)(b) or by virtue of the operation of section 391 or section 391A; or
2. immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(b):
subsection (1)(b) does not authorise any person to do anything referred to in section 15 except where doing such a thing—
1. is also authorised by a discharge permit deemed to be granted by subsection (1)(a) or by virtue of the operation of section 391 or section 391A; or
2. immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(a).

Notwithstanding subsection (2), every discharge permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act or until the date of expiry of the permit, whichever first occurs, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that consent, matters that could have been included in a permission referred to in subsection (1)(a) or subsection (1)(b), and of enabling the consent to authorise the discharge of contaminants into the air.
The date of expiry of any discharge permit deemed to be granted by subsection (1) shall be 1 year after the date on which the permission would have expired if this Act had not been passed.

Notes

Section 385(2): replaced, on 7 July 1993, by section 178(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 385(3)(a)(i): amended, on 7 July 1993, by section 178(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 385(3)(b)(i): amended, on 7 July 1993, by section 178(2) of the Resource Management Amendment Act 1993 (1993 No 65).