This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Natural Environment Bill

Foundations - Environmental limits - Breach of environmental limits

66: Avoiding breach of environmental limit

You could also call this:

"Stopping councils from harming the environment"

Illustration for Natural Environment Bill

You will have a new rule to help keep the environment safe. A regional council must try not to break environmental limits. The council must check if a limit is likely to be broken. You will have to check for problems if there is enough evidence that a limit might be broken soon. This includes looking at activities that could cause problems and checking if they are likely to break the limit. If a council thinks a limit will be broken, it must make a plan to stop this from happening. The council can change its plans, make new rules, or adjust how resources are used to keep the environment safe. The council must also decide what is enough evidence to check for problems. This includes looking at trends over time or using forecasts to predict what might happen.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537443.

This page was last updated on View changes


Previous

65: Requirements for action plans to remedy breach of environmental limits, or

"Fixing environmental breaches: councils must make a plan with achievable targets"


Next

67: Breach of environmental limits, or

"What happens when environmental rules are broken"

Part 2Foundations
Environmental limits: Breach of environmental limits

66Avoiding breach of environmental limit

  1. A regional council must avoid breaching an environmental limit.

  2. A regional council must evaluate the likelihood of a limit being breached if—

  3. there is sufficient evidence that the limit is likely to be breached in the medium to long term future; or
    1. there are activities authorised under this Act or other legislation that—
      1. are carried out within a management unit; and
        1. are likely to give rise to a breach of the limit.
        2. If a regional council is satisfied that a breach of an environmental limit is likely to occur, the council must—

        3. take action to avoid the breach by preparing an action plan or changing its natural environment plan; and
          1. take any other action the council considers necessary to avoid breaching the environmental limit, including—
            1. making or changing a cap on resource use:
              1. preparing or changing a rule in a natural environment plan:
                1. reviewing the conditions (specified in the plan) that apply to natural resource permits and making any necessary adjustments:
                  1. establishing a safety margin within environmental limits (to account for uncertainties, natural variability, errors, or unexpected events):
                    1. widening that safety margin:
                      1. changing the way that natural resources are allocated.
                      2. In this section, sufficient evidence includes—

                      3. evidence of trends in the state of the natural environment over time; or
                        1. forecasts informed by modelling or evaluation.