Resource Management Amendment Act (No. 105 of 1994).
Country
Type of law
Legislation
Abstract
This Act makes several amendments to the principal Act of 1991. Section 15 on Discharge of contaminants into environment is extended by adding the following subsections 15A which prohibits the dumping or incineration of any waste or other matter from any ship, aircraft or offshore installation in the coastal marine area unless expressly allowed by a resource consent; 15 B which prohibits the discharge from any ship or offshore installation of any harmful substance, contaminant or water into the air, water or onto land unless expressly allowed by a resource consent; 15 C prohibits the dumping from any ship, aircraft or offshore installation or the storage of any radioactive waste or other radioactive matter, toxic or hazardous waste on or in any land or water. Section 138 on Surrender of (resource) consents is also extended by adding a new subsection 138 A (1-6) which states in more detail what the consent authority shall have regard to when considering the actual or potential effects of an activity envisaged in an application for a coastal permit to do something that would otherwise contravene section 15 A (1). These factors include the nature of contaminant discharges, the sensitivity of the receiving environment, possible alternative methods of disposal or combustion. A coastal permit may include a condition requiring the holder to adopt the best practicable option to prevent or minimize any actual or likely adverse effect, provided that the inclusion of the condition is the most efficient and effective means to do so. Finally, before deciding to grant a coastal permit the consent authority shall have regard to the nature of the discharge, the receiving environment as well as the financial implications for the holder of including certain conditions as well as the existence or not of other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment. Other amendments relate to offences and penalties, emergency works, functions of regional councils and other administrative matters.
Attached files
Date of text
Repealed
No
Source language
English
Legislation status
in force
Legislation Amendment
No