Applications For Consents-process (M.3) Flashcards
What is the difference between Land and Other Consents?
LAND USE & SUBDIVISION CONSENTS
•Territorial authority is consent authority
•Land owner controls access to land
CONSENTs RELATING TO AIR, WATER, COASTAL MARINE AREA AND DISCHARGES
•Regional council is consent authority
•No-one owns the resource
What is the standard process for resource consent?
•application for consent
•is application complete? Yes
•deferral pending application for further consents - s 91
•further information request - s 92
•notification decision - ss95A & 95B
•submission s 96
•suspension of processing if applicant requests ss 91A-91C
•pre-hearing meeting s 99 or mediation s 99A
•hearing s 100
•consideration s 104
•decision ss 104A-104D
•condition s 108
•decision to be in writing s 123
•decision to be notified to applicant and submitters s 114
•right of applicant and submitters to appeals s 120
What is the consent application process and who are the consent authorities?
•Territorial authorities/regional council is the consent authority
•Any person may apply for a consent
•Application must be (s 88)
-in prescribed form and manner (prescribed in regulations)
-include information and assessment of environmental effects required by Schedule 4
What is the incomplete application process for a consent?
•application for consent
•is application complete? No
•council returns application s 88(3) & (3A)
•applicant makes a new application
If application is public, limited or no notification at all. What steps are taken if there is some sort of notification?
•notification decision - as 95A & 95B
•submission s 96
•suspension of processing if applicant requests ss 91A-91C
•pre-hearing meeting s 99 or mediation s 99A
•hearing s 100
What do plan rules classify activities as?
•Permitted=Provided for in Act/plan/no consent
•Controlled=Requires resource consent
•Restricted discretionary=Requires resource consent
•Discretionary=Requires resource consent
•Non-complying=Requires resource consent
•Prohibited=Described as such in a plan/no application can be made
What is the permitted criteria for a permitted activity (or regulations)?
•S 87A(1)-an activity described as such by the RMA, regulations, NES, proposed plan and it complies with any requirements, conditions, permissions specified.
•S 87B-boundary activities approved by neighbours on infringed boundary [terms defined in s 87AAB]- new 2017
•S 87BB-activity would be permitted except for a marginal or temporary non-compliance with requirements, conditions, and permission specified in RMA, regulations, NES, a plan, proposed plan-also new 2017
What are activities meeting ‘CERTAIN’ requirements are permitted activities? -s 87BB
•Activity would be permitted except for marginal or temporary non-compliance
AND
•Any adverse effects are no different in character, intensity or scale than they would be if fully complied
AND
•Any adverse effects on a person are less than minor
AND
Consent authority decides to notify the proponent of the activity that the activity is a permitted activity
Do you have to consult for a resource consent or notice of requirement?
(s 36A)
•Neither the applicant nor the consent authority has a duty to consult anyone on resource consent applications, or notice of requirement
BUT
•An applicant is required to include information about any consultation undertaken in the AEE (but no AEE for a designation or HO)
•The obligation to report on consultation does not create an obligation to consult - explicit in cl 6(3) Schedule 4
BUT
•Good practice to consult and maybe a Treaty obligation
What variations are there on the standard process for resource consents?
DIRECT APPLICATION TO ENVIRONMENT COURT
“Streamlining decision-making on resource consents” 2009 amendment
-ss 87C resource consents
-ss198B-198G requirements
•Applicants, requiring authorities and HPA’s may ask the territorial authority to allow a notification application or requirement to go directly to the Environment Court
•And TA has discretion, unless the value of the investment in the proposal meets or exceeds an amount specified in regulations (new 2013)
•iIf a requirement goes to the Environment Court, it is decided by the Court not by the requiring authority. (ss 198K)
What is another variation for resource consents?
FAST TRACK APPLICATIONS FOR RESOURCE CONSENT FOR SPECIFIC CATEGORIES OF ACTIVITY - new ss 87AAC [18 October 2017]
APPLIES TO
•activities that are controlled under district plan (so land use), but not subdivision
AND
•Activities that are prescribed by regulations under s 360G(1)(a)
CONDITIONS FOR FAST TRACK TO APPLY
•application is non-notified
•only if application includes an electronic address for service
What is the suspension of resource consent process?
-new 2013 (only available for notified applications)
•There is a window for the applicant to request the consent authority to suspend processing a notified application for consent -ss 91A-91C
•Window: after notification and before hearing (if one) or decision (if no hearing)
•The consent authority must suspend the processing if asked
•Provision for suspension to cease-
91B
•The consent authority may return an application if it has been suspended for a certain period - s 91C
•Applies only to notified applications for resource consent BUT NOT if called in or direct referral to Enviornment Court
What are some further information requests or report commissioned for resource consents? - s 92
•Consent authority may-
•Request further information from the applicant
•Commission any person to report on any matter relating to an application
•The request for information or the commissioning of the report must be a reasonable time before any hearing (or, if no hearing, before the decision is made) - s 92(1)&(2)
•Applicant may provide the information or use (in writing) to do so
•A report may be commissioned only if - •The activity may have significant environmental effects and
•The applicant is notified before the report is commissioned and agrees
What section are Pre-hearing meetings and Mediation under?
•s 99
•s 99A
An applicant who’s application has not been granted under s 10(2) hazard right to object. What section does that come under
•s 357
