198Special provisions relating to coastal permits for dumping and incineration

1. When considering an application for a coastal permit to do something that would otherwise contravene section 22(1), a permit authority, in having regard to the actual and potential effects on natural resources or people of allowing the activity, must have regard to—

2. the nature of any discharge of any contaminant which the dumping or incineration may involve, the sensitivity of the receiving environment to adverse effects, and the applicant’s reasons for making the proposed choice; and
3. any possible alternative methods of disposal or combustion including any involving discharge into any other receiving environment.

4. The permit authority may require the applicant to give further information to explain any matter referred to in subsection (1)(a) and (b). The requirement must be in writing and may be made at a reasonable time before the hearing (or, if there is no hearing, the determination) of the application.

5. The permit authority may include a condition requiring the permit holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on natural resources or people of any discharge of any contaminant which may occur in the exercise of the permit (best practicable option condition).

6. A permit authority may, at any time, in accordance with section 187, serve notice on the permit holder of its intention to review the conditions of the permit for the purpose of including the best practicable option condition.

7. Before deciding to include the best practicable option condition (when granting the permit or a result of a review under subsection (4)), the permit authority must—

8. have regard to—
   1. the nature of any discharge of a contaminant and the receiving environment; and
   2. the financial implications for the permit holder of including that condition; and
   3. other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment; and
9. be satisfied, in the particular circumstances, that including the condition is the most efficient and effective means of removing or reducing any adverse effect.

10. It is a condition of the permit that the permit holder must—

11. comply with any requirements in regulations made under section 800 to keep records of specified information; and
12. provide the relevant local authority each year with information specified in those regulations.

13. Sections 187 to 192 apply, subject to subsection (5), to a review of a permit under subsection (4). The powers of a permit authority under subsection (4) are in addition to its powers under section 186.

14. This section does not limit—

15. subpart 4:
16. section 169 except as provided in subsection (5).