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Natural Environment Bill

Natural resource permits - Consideration of application and decision

158: Matters relevant to application for discharge permit, coastal permit, or reclamation

You could also call this:

"What the council considers when you apply for a permit to affect the coastline or environment"

Illustration for Natural Environment Bill

When you apply for a discharge permit or coastal permit, the permit authority looks at some key things. They consider the type of discharge and how it might affect the environment. They also think about your reasons for choosing a particular method and whether there are other ways to do it. If you apply for a permit to reclaim land, the authority decides whether to create an esplanade reserve or strip and adds conditions to the permit if needed. They do this by following section 169(1)(i) of the proposed law. This helps them make a decision about your application. However, the authority does not consider these things if your application is for an activity that follows certain environmental standards or design solutions. This means that if your application meets these standards, the authority will not look at the other factors mentioned earlier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1536383.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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Part 4Natural resource permits
Consideration of application and decision

158Matters relevant to application for discharge permit, coastal permit, or reclamation

  1. If an application is for a discharge permit or coastal permit to do something that would contravene section 21 or 23, the permit authority must have regard to—

  2. the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
    1. the applicant’s reasons for the proposed choice; and
      1. any possible alternative methods of discharge, including discharge into any other receiving environment.

        1. If an application is for a natural resource permit for a reclamation, the permit authority must consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 169(1)(i).

        2. However, subsections (1) and (2) do not apply if an application is for an activity—

        3. that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard and the application complies with the relevant environmental performance standard; or
          1. that is regulated by an infrastructure design solution and the application complies with the infrastructure design solution.