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Resource Management Act 1991

Transitional provisions - Transitional resource consents

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

You could also call this:

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

If you got approval under the Clean Air Act 1972 to run a business that releases contaminants into the air, you might need a resource consent. You can apply for a discharge permit if you already have approval to run your business. The person deciding your application can grant you a permit if they are satisfied with your equipment and how you plan to run your business.

The person deciding your application will look at whether you installed your equipment correctly and if you met all the conditions. They will also check if every local authority had a chance to comment on your application and if they are happy with the conditions. You will get a discharge permit if everything is in order, but it will only last for one year.

When you apply for a discharge permit, the person deciding your application will not tell everyone about your application or hold a hearing. They will decide your application based on the rules in the Resource Management Act, except for a few special conditions. You can find more information about the rules for notifying applications in sections 95 to 95G and the rules for hearings in section 100.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240306.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Business > Industry rules
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392: Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air, or

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Part 15 Transitional provisions
Transitional resource consents

391AResource consents following approval under Clean Air Act 1972

  1. Where—

  2. before the date of commencement of this Act, any person has obtained an approval under section 31 of the Clean Air Act 1972 in respect of any scheduled premises within the meaning of that Act and that person had not applied for a licence to operate under section 25 of the Clean Air Act 1972; and
    1. that person makes an application for a resource consent to discharge any contaminant into air from those premises—
        1. then the consent authority may grant a discharge permit to the approval holder under the provisions of subsection (2) if the consent authority is satisfied that—
      1. the plant and equipment has been installed within the scheduled premises in accordance with the approval; and
        1. the conditions proposed in the approval as to the construction of the plant and equipment have all been met by the applicant; and
          1. the approval is subject to conditions of operation; and
            1. every local authority affected by an application to which subsection (2) applies has received at least 10 working days' opportunity to comment on or seek variation to any of those conditions, and that such local authorities have not sought any variation to the conditions of approval within that time; and
              1. the conditions of operation contained in the approval are appropriate and adequate.

                1. Where the provisions of subsection (1) are satisfied, the consent authority shall determine the application in accordance with the following provisions:

                2. the application shall not be notified under sections 95 to 95G; and
                  1. the consent authority shall not hold a hearing in terms of section 100 to determine the application; and
                    1. any discharge permit granted under this section shall expire 1 year after the date on which it commences; and
                      1. in all other respects the application shall be determined by the consent authority in accordance with the provisions of this Act.

                        Notes
                        • Section 391A: inserted, on , by section 182 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 391A(2)(a): amended, on , by section 64 of the Resource Management Amendment Act 2013 (2013 No 63).
                        • Section 391A(2)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).