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Natural Environment Bill

Natural resource permits - Consideration of application and decision

160: Matters relevant to application relating to wastewater network

You could also call this:

"What to consider when applying for a wastewater network permit"

Illustration for Natural Environment Bill

When you apply for a natural resource permit that involves a wastewater network, the permit authority must consider certain things. They must not grant the permit if it goes against a wastewater environmental performance standard or an infrastructure design solution, as defined in section 5 of the Water Services Act 2021. The authority must include conditions in the permit that give effect to these standards or solutions. If you apply for a permit, the authority may include conditions that relate to activities or effects that are not covered by wastewater environmental standards or infrastructure design solutions. However, there are some exceptions to this rule, and the authority does not have to follow it if an exception applies. The authority can also include conditions that are not covered by these standards or solutions, as long as it is allowed by the Act. The permit authority has to make sure the conditions are not too restrictive or too lenient, and are only what is necessary to meet the wastewater environmental performance standard or infrastructure design solution. This means the authority has to balance the need to protect the environment with the need to allow activities to happen. You can find more information about wastewater networks in section 5 of the Water Services Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1536343.

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161: Matters relevant to application relating to stormwater network, or

"What to consider when applying for a permit for stormwater networks"

Part 4Natural resource permits
Consideration of application and decision

160Matters relevant to application relating to wastewater network

  1. When considering a natural resource permit application that relates to a wastewater network, as defined in section 5 of the Water Services Act 2021, a permit authority—

  2. must not grant the permit contrary to—
    1. a wastewater environmental performance standard; or
      1. an infrastructure design solution; and
      2. must include, as a condition of granting the permit, requirements that are no more or less restrictive than is necessary to give effect to—
        1. the wastewater environmental performance standard; or
          1. the infrastructure design solution.
          2. However, subsection (1)

          3. does not apply if an exception under a wastewater environmental performance standard or an infrastructure design solution applies; and
            1. except as expressly otherwise provided in this Act, does not prevent a permit authority from including, as a condition of granting a natural resource permit, a requirement that relates to any activity, effect, or other matter that a wastewater environmental standard or an infrastructure design solution does not regulate or manage.