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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Transfer and surrender

196: Transferability of discharge permits

You could also call this:

"Transferring a discharge permit to someone else or a different site"

Illustration for Natural Environment Bill

If you have a discharge permit, you may be able to transfer it to someone else. You can transfer part or all of the permit for some or all of the time it is valid. You can do this if the transfer is for the same site the permit was granted for. You can transfer the permit to another owner or occupier of the site, or to a local authority. If you want to transfer the permit to a different site, you can do this if a plan allows it. A plan can allow the transfer, or you can apply to the permit authority to be allowed to make the transfer. The transfer can be allowed if it does not make things worse for the environment or people. It must also not break any national rules. If the discharge is to water, both sites must be in the same catchment. If the discharge is to air, both sites must be in the same air-shed or region. If you apply to transfer a permit, you must fill out the correct form and lodge it with the permit authority. You and the person you are transferring the permit to must do this together. The application will be considered as if you were applying for a new permit. The transfer is not official until the permit authority receives written notice of it. If you transfer the permit for the rest of the time it is valid, the original permit will be cancelled. The transferred part of the permit will become a new permit with the same conditions as the original one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525630.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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195: Transferability of water permits, or

"Rules for passing on your water permit to someone else"

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"What happens when you give up a natural resource permit"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Transfer and surrender

196Transferability of discharge permits

  1. The holder of a discharge permit may—

  2. transfer part or all of the holder’s interest in the permit; and
    1. make the transfer for part or all of the remaining period of the permit.

      1. The holder may make the transfer if it—

      2. is for the site for which the permit is granted; and
        1. is to—
          1. another owner or occupier of the site for which the permit is granted; or
            1. a local authority.

            2. The holder may make the transfer if it is for another site and is to any person, if a plan—

            3. allows the transfer; or
              1. allows the holder to apply to the permit authority that granted the permit to be allowed to make the transfer.

                1. A plan may allow a transfer or a permit authority may allow a transfer if—

                2. the transfer does not worsen the actual or potential effect of any discharges on natural resources or people; and
                  1. the transfer does not result in any discharges that contravene a national rule; and
                    1. if the discharge is to water, both sites are in the same catchment; and
                      1. if the discharge is to air and a national rule applies to a discharge to air, both sites are in the same air-shed as defined in the rule; and
                        1. if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.

                          1. An application under subsection (3)(b)—

                          2. must be in the prescribed form (if any); and
                            1. must be lodged jointly by the holder and the person to whom it is proposed to transfer the interest in the permit; and
                              1. must be considered under subparts 1 to 5 of this Part as if—
                                1. the application for a transfer were an application for a natural resource permit; and
                                  1. the holder were an applicant for a natural resource permit.

                                  2. The transfer has no effect until the permit authority that granted the permit receives written notice of it.

                                  3. When a planning authority receives written notice of a transfer that is made for all of the remaining period of the permit,—

                                  4. the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
                                    1. the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.