Resource Management Act 1991

Transitional provisions - Transitional resource consents

385: Existing clean air permissions to become discharge permits

You could also call this:

"Old air pollution rules become new discharge permits with the same conditions."

If you had a permission to release contaminants into the air under the Clean Air Act 1972, it will now be called a discharge permit under the Resource Management Act 1991. You will still have to follow the same conditions as before, and the Resource Management Act 1991 will apply to you. The conditions will include what was in sections 25, 26, and 31 of the Clean Air Act 1972.

If you have a discharge permit, you can only do what the permit allows you to do, unless you also have another permit that allows you to do something else. You can check section 15 to see what you are allowed to do. Some things you might have been able to do before the Resource Management Act 1991 started, you will still be able to do.

You can apply to change your discharge permit within two years of the Resource Management Act 1991 starting, or before your permit expires, to include new conditions that could have been in your old permission. You can do this by applying to the regional council under section 127(1). Your discharge permit will expire one year after your old permission would have expired.

Your discharge permit will have conditions that you must follow, and you must do what the permit says. You can look at section 391 or section 391A to see what else you might be allowed to do. You should follow the rules in the Resource Management Act 1991.

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This page was last updated on 19 May 2025

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

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Part 15Transitional 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).