149Consent authority may grant application with adaptive management approach

1. A consent authority may grant a planning consent that includes a condition that requires, or conditions that form, an adaptive management approach.

2. An adaptive management approach—

3. must allow an activity to commence on a small scale, or for a short period, or in stages, to allow its effects to be monitored; and
4. must require baseline information for—
   1. monitoring and reporting; and
   2. setting triggers and limits (other than an environmental limit) for the purpose of monitoring and reporting; and
5. must require ongoing monitoring and reporting; and
6. may require certification and review of environmental management plans; and
7. may include provisions to allow for an activity to step back to a previous stage or cease temporarily where triggers are met, to allow for management practices or monitoring requirements to be adapted accordingly; and
8. may include provisions to allow for an activity to be discontinued permanently (in circumstances where the effects are found to be unanticipated at the time consent was granted).

9. In determining the use of an adaptive management approach, the consent authority must consider—

10. whether there is adequate evidence that using an adaptive management approach will—
    1. sufficiently reduce uncertainty about the effects of the activity; and
    2. adequately manage any remaining risk; and
11. the extent of any environmental risk (including the consequences if the risk is realised); and
12. the importance of the activity for which the consent relates; and
13. the degree of uncertainty about the effects of the activity; and
14. whether and the extent to which the adaptive management approach will sufficiently diminish the risk and the uncertainty.

15. A consent authority may decide that an adaptive management approach sufficiently diminishes the risk and uncertainty if it is satisfied that—

16. there is sufficient monitoring of the receiving environment to set appropriate indicators and compliance limits; and
17. the conditions provide for effective monitoring of adverse effects using appropriate indicators; and
18. indicators are set to prompt remedial action before adverse effects occur or reach unacceptable levels; and
19. any effects that might arise can be remedied before they become irreversible.