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Natural Environment Bill

Natural resource permits - Consideration of application and decision

161: Matters relevant to application relating to stormwater network

You could also call this:

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

Illustration for Natural Environment Bill

When you apply for a natural resource permit that involves a stormwater network, the permit authority must consider certain things. The permit authority must not grant the permit if it goes against a stormwater 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 get a permit, it may have conditions that relate to a stormwater environmental performance standard or an infrastructure design solution. However, there may be exceptions to these rules if certain conditions are met. The permit authority can also include other conditions in the permit that are not covered by these standards or solutions. The permit authority's decisions must be fair and reasonable, and must not be more or less restrictive than necessary. You should be aware that these rules may not apply in all situations, and the permit authority has some flexibility in making decisions. The permit authority's main goal is to ensure that the stormwater network is managed in a way that protects the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539736.

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Part 4Natural resource permits
Consideration of application and decision

161Matters relevant to application relating to stormwater network

  1. When considering a natural resource permit application that relates to a stormwater 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 stormwater 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 stormwater environmental performance standard; or
          1. the infrastructure design solution.
          2. However, subsection (1)

          3. does not apply if an exception under a stormwater 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 stormwater environmental standard or an infrastructure design solution does not regulate or manage.