The purpose of the Resource Management Act is to 'promote the sustainable management of natural and physical resources' which is defined to include providing for the wellbeing of people while protecting the life supporting capacity of the environment, the needs of the future generations and minimising or avoiding the adverse effects of activities on the environment.

Resource consents

Resource consents are needed for activities that have an effect on the environment They are granted by regional, district and city councils. These permits and consents are granted under the Resource Management Act which replaces separate laws for such things as planning, soil and water protection use, and coastal protection.

For mining activities the main types of resource consent are:

• water permits for taking or diverting water
• discharge permits for discharges into water, the air, or on to land
• land use consents for excavations and disturbance of land or the habitats of plants and animals
• coastal permits for activities on or near the coast

Rules in regional and district plans can classify an activity as "permitted" in which case a resource consent is not required. Consents usually need to be applied for if an activity is not classified in this way. The law requires councils to treat all activities in the same way on the basis of their effects on the environment.

When applying for a consent the company or individual must assess the effects on the environment of the work they wish to carry out.

The issues to be covered are listed in the fourth schedule to the Resource Management Act.

In summary the assessment must:

• Describe the work to be carried out
• Describe its effects on the environment
• Demonstrate that the method of treatment of any waste is the best practical option
• Assess the risks to the environment if hazardous substances are to be used
• Describe the methods to be used to avoid or minimise any adverse effects

People that may be affected must be consulted, and the Treaty of Waitangi must be taken into account. The regional or local council considers the information provided and it may advertise (notify) the application to the public in a newspaper. A council may decide not to notify any application for a resource consent if the effects would be minor and people affected give written approval. If the council receives submissions it holds a hearing where interested parties can be heard. It may then grant or decline the application.

If the applicant or any of those making submissions are not satisfied with the council's decision they can appeal it to the Environment Court. The Environment Court will hold a hearing open to the public, hear evidence and produce a decision. This decision can be appealed to the High Court and the Court of Appeal on points of law only.

The rights and obligations of holders of resource consents are set out in the Resource Management Act. The details for the particular activity are covered by conditions established by the council after considering each consent application.

The conditions on resource consents may, for example, specify noise and dust limits, set standards for discharge, cover monitoring to ensure the conditions are being complied with, and state how rehabilitation work is to be carried out.

An application for a resource consent may take a few months to several years to be finalised, depending on the scale and effect of the activity proposed, and whether there is opposition to it.

 

Enforcement……

If environmental conditions are not being met or the necessary consents have not been obtained then regulatory agencies have the power to close down an operation. Company directors and managers can be held personally liable and imprisoned for up to 2 years.

The conditions and bonds that form part of a resource consent can apply beyond the life of the operation to protect against long term hazards.

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