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Natural Environment Bill

Natural resource permits - Consideration of application and decision

166: Precautionary principle where information uncertain or inadequate

You could also call this:

"Be careful with the environment when we're not sure what might happen"

Illustration for Natural Environment Bill

When you apply for a natural resource permit, the person deciding your application must be careful and protect the environment if they do not have enough information. They must think about the potential risks and try to avoid harm to the environment. If the person thinks your application might be refused because of a lack of information, they will consider adding conditions to your permit that help manage any potential risks. You can expect the permit authority to take a cautious approach when they do not have all the facts. This means they will try to find a balance between allowing you to use the natural resource and protecting the environment. The permit authority might add conditions to your permit that require you to monitor and adapt your activities to minimize any potential harm. The permit authority's goal is to make a decision that is safe for the environment, even if they are not sure about all the potential effects of your application. They will use their best judgement to make a decision that protects the environment and allows you to use the natural resource in a responsible way. This approach helps to ensure that the environment is protected, even when there is some uncertainty about the potential impacts of your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537141.

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165: Determination of natural resource permit, or

"Deciding if you can have a natural resource permit"


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167: Permit authority may grant application with adaptive management approach, or

"Permit authority can approve a project with conditions to test and adapt its environmental impact"

Part 4Natural resource permits
Consideration of application and decision

166Precautionary principle where information uncertain or inadequate

  1. When deciding whether to grant or refuse an application for a natural resource permit, a permit authority must favour caution and environmental protection if the information available to determine the application is uncertain or inadequate.

  2. However, if applying subsection (1) means that the application is likely to be refused, the permit authority must consider whether including a condition that requires, or conditions that form, an adaptive management approach would address the concerns arising from the uncertainty or inadequacy of the information.