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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:

“This law explains how people can get permission to release things into the air if they already had approval before the new rules started.”

If you got approval to run a business that releases pollutants into the air under the old Clean Air Act 1972, but didn’t get a licence to operate, you can apply for a resource consent under the new law. The consent authority can give you a discharge permit if:

You’ve set up your equipment as approved. You’ve met all the building rules for your equipment. Your approval has rules about how to operate. Local authorities have had 10 working days to comment on or change these rules, and they haven’t asked for changes. The rules for operating are good and thorough.

If all of this is true, the consent authority will handle your application like this:

They won’t tell the public about your application or ask for comments. They won’t hold a hearing about your application. If they give you a discharge permit, it will only last for one year. They’ll follow all other rules in this Act when deciding about your application.

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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 > Climate and energy
Business > Industry rules
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391: Applications for licences and approvals under Clean Air Act 1972, or

“This law explains how old requests for air pollution permits will be handled under the new 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

“When deciding if someone can release things into the air, old rules about clean air might be looked at.”

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).