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Resource Management Act 1991

Transitional provisions - Transitional resource consents

387: Existing geothermal licences and authorisations deemed to be water permits

You could also call this:

“Old permissions to use heat from the ground are now treated as special water permits”

If you had a licence or permission to use geothermal energy before this law came into effect, it’s now treated as a special kind of permit. This permit lets you keep using geothermal energy, but there are some new rules.

If your permit is for using geothermal energy in the sea, it’s now called a coastal permit. If it’s for using geothermal energy anywhere else, it’s called a water permit. These new permits have the same rules as your old licence.

Your new permit doesn’t let you take or use geothermal water unless you also have a separate water or coastal permit that allows this.

If you have both types of permits for using geothermal water, you can only use the smaller amount of water that’s allowed between the two permits.

Different people are in charge of different parts of your permit now. The Minister of Energy looks after safety rules. The Minister (we don’t know which one) handles refunds. The consent authority (a local government group) takes care of everything else.

There are some time limits on these permits. If your permit came from an old geothermal licence, it will end 35 years after this law started. If it came from a different kind of permission, it will end 10 years after this law started.

Some other rules about mining also apply to your permit, but they’ve been changed a bit to fit with this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239880.

Topics:
Environment and resources > Climate and energy
Government and voting > Local councils
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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”

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388: Requirement to supply information, or

“People using special permits must tell the authorities about what they're doing and how it affects nature when asked”

Part 15 Transitional provisions
Transitional resource consents

387Existing geothermal licences and authorisations deemed to be water permits

  1. Every licence under the Geothermal Energy Act 1953 and every power or authorisation under section 11 of that Act that is in force immediately before the date of commencement of this Act shall, to the extent that it licenses or authorises the taking, tapping, use, or application of geothermal energy (within the meaning of the Geothermal Energy Act 1953)—

  2. within the coastal marine area, be deemed to be a coastal permit; and
    1. in every other case, be deemed to be a water permit—
        1. granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked) by the appropriate consent authority, and the provisions of this Act shall apply accordingly.

      1. Notwithstanding section 14(3)(a), a permit deemed to be granted under subsection (1) does not authorise any person to take or use geothermal water except where such taking or use is also authorised by a water permit or a coastal permit granted under Part 6 or deemed to be so granted by virtue of section 386.

      2. Subject to subsection (2), where, for the purpose of taking or using geothermal water, a person holds—

      3. a permit referred to in subsection (1) or a water permit or a coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953, by virtue of the operation of section 389; and
        1. a water permit or coastal permit granted under Part 6 or deemed to be so granted by virtue of section 386—
            1. then the total amount of geothermal water which the holder of those permits shall be entitled to take or use pursuant to those permits shall be the lesser of the amounts specified in the respective permits.

          1. From the date of commencement of this Act, the persons specified below shall be responsible for exercising any functions, powers, and duties in respect of the following conditions of, or provisions of the Geothermal Energy Act 1953 that relate to, any water permit or coastal permit under this section, any water permit or coastal permit granted under section 389 in respect of an application for a licence under the Geothermal Energy Act 1953, or any water permit or coastal permit whose conditions have been changed under section 386(7)(b):

          2. conditions or provisions concerning occupational safety or health, the Minister of Energy:
            1. refund or remission of rentals, the Minister:
              1. all other conditions and provisions, the consent authority concerned.

                1. Clause 15(2) to (6) of Schedule 1 of the Crown Minerals Act 1991, with all necessary modifications, shall apply in respect of every water permit or coastal permit to which this section applies, as if references in those subsections to an existing privilege were references to such a water permit or such a coastal permit, as the case may require.

                2. Where a permit resulting from a licence under the Geothermal Energy Act 1953 would, but for this subsection, not expire by the 35th anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the 35th anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

                3. Where a permit resulting from a power or authorisation under section 11 of the Geothermal Energy Act 1953 would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

                Notes
                • Section 387(1): amended, on , by section 180(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 387(4)(aa): inserted, on , by section 21 of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 387(5): replaced, on , by section 2(2) of the Crown Minerals Amendment Act 1991 (1991 No 102).
                • Section 387(5): amended, on , by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 387(6): inserted, on , by section 180(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 387(7): inserted, on , by section 180(2) of the Resource Management Amendment Act 1993 (1993 No 65).