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Resource Management Act 1991

Transitional provisions - Transitional resource consents

391: Applications for licences and approvals under Clean Air Act 1972

You could also call this:

"What happens to old air quality licence applications when the law changes"

You made an application for a licence or approval under the Clean Air Act 1972 before this Act started. If your application was not granted, declined, or withdrawn before this Act started, the licensing authority will decide how to deal with it. They will decide whether to deal with it under the Clean Air Act 1972 or under this Act.

You will be told what the licensing authority decides and what you need to do next. The licensing authority will look at how far your application has gone and what you and others have said about it. They will make sure you and others who need to know are told about their decision.

If the licensing authority decides to deal with your application under this Act, they will send it to the consent authority. The consent authority will then look at your application as if you had made it under this Act. You can appeal against the decision if you do not agree with it.

The licensing authority is the group that used to make decisions under the Clean Air Act 1972. They will follow the rules they used to follow, or the new rules under this Act, when making their decision. You can still appeal or ask for a review if you had the right to do so under the Clean Air Act 1972.

When the licensing authority makes a decision, it is final and you cannot take it to court. However, if they decide to grant your application, you can appeal against that decision under this Act. The decision will be like a discharge permit under this Act, even if all the rules were not followed.

You can find more information about what the licensing authority needs to consider in section 104 and section 88. These sections explain what the licensing authority needs to think about when making their decision. You can also look at the Resource Management Amendment Act 1996 for more information about the changes to this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240303.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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390D: Timing for renewals, or

"When to apply for a new permission or licence before the old one expires"

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391A: Resource consents following approval under Clean Air Act 1972, or

"Getting a permit to release contaminants into the air if you already have Clean Air Act approval"

Part 15Transitional provisions
Transitional resource consents

391Applications for licences and approvals under Clean Air Act 1972

  1. Where, before the date of commencement of this Act, an application has been made for—

  2. a licence within the meaning of the Clean Air Act 1972; or
    1. an approval under section 31 of that Act in respect of any scheduled premises within the meaning of that Act—
        1. and the application has not been granted, declined, or withdrawn before that date, the licensing authority shall, as soon as reasonably practicable, decide whether the application is to be dealt with after that date—
      1. by the licensing authority, in accordance with the Clean Air Act 1972 as if this Act had not been enacted; or
        1. by the licensing authority, in accordance with the Clean Air Act 1972 as if this Act had not been enacted, but having regard to the matters set out in section 104 (which deals with matters to be considered on an application for a resource consent); or
          1. by the appropriate consent authority, in accordance with this Act, as if the application had been made under this Act—
              1. and any such decision shall be final and not subject to appeal to, or review by, any court or the Environment Court.

            1. When making a decision for the purposes of subsection (1), the licensing authority shall have regard to—

            2. the progress made in consideration of the application; and
              1. any representations (whether written or not) made to the authority by the applicant and any other person as to the appropriate manner of dealing with the application—
                  1. and shall also ensure that written notice of the decision and anything that the applicant is required to do as a result of the decision is served, as soon as reasonably practicable after the decision is made, on every person (including the applicant) whom the licensing authority considers should receive notice.

                1. Where the licensing authority decides that the application should be dealt with in accordance with subsection (1)(e), the licensing authority shall as soon as reasonably practicable refer the application, and all information relevant to it, to the relevant consent authority and, for the purposes of section 88, the application shall be deemed to be an application for a discharge permit made by the applicant on the date that it is received by the relevant consent authority.

                2. The granting of an application to which subsection (1) applies in accordance with this section—

                3. constitutes the granting of a discharge permit under this Act, notwithstanding that all requirements of this Act in relation to applications for, and granting of, discharge permits may not have been complied with; and
                  1. may be appealed against in accordance with this Act accordingly.

                    1. A person who, if this Act had not been enacted, had—

                    2. a right of appeal; or
                      1. a right to make any application for review—
                          1. in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right.

                        1. In this section, licensing authority has the same meaning as in section 2(1) of the Clean Air Act 1972 before its repeal by this Act.

                        Notes
                        • Section 391(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).