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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Transfer and surrender

199: Permit authority may treat certain activities as permitted activities

You could also call this:

"Authorities can allow some activities that don't fully follow the rules if they won't harm the environment."

Illustration for Natural Environment Bill

The proposed law says a permit authority can decide that some activities are allowed even if they do not fully meet the rules. You can do an activity without getting in trouble if it would be allowed except for a small or temporary mistake. The activity must not harm the environment or people more than it would if you followed the rules. A permit authority can choose to send you a notice saying your activity is allowed. They can do this after you apply for a permit or on their own. The notice must be in writing and include what the activity is, where it will happen, and why the authority thinks it is okay. If you apply for a permit for an activity that is allowed under this rule, the authority does not have to process your application. They will send it back to you. The notice saying your activity is allowed will expire after five years if you do not do the activity.

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 It might be out of date or be missing some parts.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=LMS1541886.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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"Rules for getting permission to dump or burn things in coastal areas"

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200: Certificate of compliance where activity does not require permit, or

"Get a certificate to prove your activity follows the rules, even if you don't need a permit."

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Transfer and surrender

199Permit authority may treat certain activities as permitted activities

  1. An activity is a permitted activity if—

  2. the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, regulations, a natural environment plan, or a proposed natural environment plan; and
    1. any adverse effects of the activity on natural resources and people are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
      1. any adverse effects of the activity on a person are minor or less than minor; and
        1. the permit authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.

          1. A permit authority may give a notice under subsection (1)(d)—

          2. after receiving an application for a natural resource permit for the activity; or
            1. on its own initiative.

              1. The notice must be in writing and must include—

              2. a description of the activity; and
                1. details of the site at which the activity is to occur; and
                  1. the permit authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the permit authority in making that decision.

                    1. If a person has submitted an application for a natural resource permit for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.

                    2. A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.