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Natural Environment Bill

Combined plan and other matters - National environment plans - Further matters relating to rules

100: Rules relating to market-based allocation process or comparative permitting process

You could also call this:

"Rules for Deciding Who Gets Resource Permits"

Illustration for Natural Environment Bill

The proposed law says a rule in a plan can require a market-based allocation process. This means a process to decide who gets a right to apply for a resource permit. You might need to hold this right before you can apply for a permit. The proposed law also says a rule can enable a consent authority to receive a permit application outside of the usual time period, as stated in section 210. If this happens, the consent authority must wait until the next required time period to process the application. This time period is determined under section 210. A rule in a plan can also require a permit application to be determined through a comparative permitting process. This means comparing different applications to decide which ones to approve. You can find more information about the time period for processing applications in section 210.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1542802.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningBusiness > Industry rules
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99: Rules may allocate natural resource activity, or

"Rules can decide how natural resources like water or land are used."

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101: Plan must not permit activity that has certain effects on protected customary rights, or

"Plans must protect Māori customary rights and not allow harmful activities"

Part 3Combined plan and other matters
National environment plans: Further matters relating to rules

100Rules relating to market-based allocation process or comparative permitting process

  1. If required or authorised by a national standard, a rule in a plan may—

  2. require the use of a market-based allocation process to determine the allocation of a right to apply for that resource permit:
    1. require a person to hold a right to apply before lodging an application for a permit under a rule:
      1. enable a consent authority to receive a permit application that is subject to market–based allocation process outside of the time period notified in accordance with section 210.

        1. If required or authorised by a national instrument, a rule in a plan may—

        2. require a permit application for a natural resource use activity be determined through the comparative permitting process:
          1. enable a consent authority to receive a permit application that is subject to the comparative consenting process outside of the time period notified in accordance with section 210.

            1. A consent authority that receives an application under a rule described in subsection (1)(c) or (2)(b) must hold the application without processing it until the next required time period determined under section 210.