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Natural Environment Bill

Foundations - Duties and restrictions - Existing activities

25: Certain existing activities allowed

You could also call this:

"You can keep doing something you were already doing, even if new rules start."

Illustration for Natural Environment Bill

If a new rule is proposed, you can still do something you were already doing, even if it does not follow the new rule, until the rule starts. You can do this if you were allowed to do the activity before the rule was proposed, it was set up lawfully, and it has the same effects as before. You also need to have been doing the activity without stopping for more than six months. You can also do something without a permit if a new national rule or plan rule starts, and you were already doing it lawfully before the rule started. You need to have been doing the activity with the same effects as before, and you must apply for a permit within six months of the new rule starting. Your activity must have been lawfully set up before the new rule started, and your permit application must not have been decided yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549979.

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Topics:
Environment and resources > Town planningBusiness > Industry rules
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"No dumping of radioactive or toxic waste in coastal areas"

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26: Duty to avoid, minimise, or remedy adverse effects, or

"Look after the environment and people by avoiding or fixing harm you cause"

Part 2Foundations
Duties and restrictions: Existing activities

25Certain existing activities allowed

  1. A person may, without a permit, carry out an activity in a manner that contravenes a rule in a proposed plan that has legal effect until that rule becomes operative if,—

  2. before the rule had legal effect, the activity—
    1. was a permitted activity or otherwise could have been lawfully carried out without a permit; and
      1. was lawfully established; and
      2. the effects of the activity are the same as, or similar in character, intensity, and scale to, the effects that existed before the rule had legal effect; and
        1. the activity has not been discontinued for a continuous period of more than 6 months (or a longer period specified in the rule) since the rule had legal effect.

          1. A person may, without a permit, carry out an activity in a manner that contravenes a national rule or rule in a plan if,—

          2. before the national rule commenced or the rule in a plan became operative, the activity—
            1. was a permitted activity, or was allowed to continue under subsection (1), or otherwise could have been lawfully carried out without a permit; and
              1. was lawfully established; and
              2. the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the national rule commenced or rule in a plan became operative; and
                1. the person carrying out the activity has applied for a permit within 6 months after the date the national rule commenced or the rule in a plan became operative and the application has not been decided or any appeals have not been determined.