Understanding the New Maximum Duration Provisions for Freshwater-Related Consents Under the NBE

With the recent assent of the Natural and Built Environment Act (NBE) on 24 August 2023, a transition from the Resource Management Act (RMA) is underway.

This transition has introduced new maximum duration provisions for some freshwater-related resource consents.

Here, we dive into these changes and what they mean from Day 1.

Freshwater-Related Consents: What's New?

The new NBE brings a key change: a new maximum duration for some freshwater-related resource consents.

This will apply to consents applied for between the day after the NBA receives Royal Assent and the region's 'NBEA date', which is 10 days after the region has notified the decisions version of its first Natural and Built Environment Plan (NBE plan).

However, this does not apply to freshwater-related consents applied for on or before the date of Royal Assent, nor will it apply to consents applied for after the region's NBEA date.

Which Activities Does This Apply To?

The new maximum duration applies to activities such as water permits for activities that take, use, dam, or divert freshwater, and discharge permits for activities that discharge any contaminant or water into freshwater.

Note that freshwater includes groundwater.

However, activities primarily associated with local authority or community reticulated water supply networks, and some infrastructure activities, are exempt from these new duration regulations.

The exemption also extends to the operation, upgrading, or maintenance of any existing hydroelectricity generation schemes.

These will be known as an “affected resource consent”.

In practical terms, this means that if you're involved in these activities, the new maximum duration provisions will not impact your consent duration.

What Do Applicants Need to Do?

If you're applying for a freshwater-related consent from the day after Royal Assent, you'll need to indicate whether your application is an 'affected resource consent' and whether you're seeking an exemption from the new maximum duration.

This process requires a specific determination from the consent authority, usually your council, showing that it's primarily for a specified exempted activity.

Your Right of Objection

You have the right to object if the consent authority determines that your application is not exempt.

This objection must be made in writing no later than 15 working days after you receive the decision on your consent application.

Notification Requirements

If your application is for a replacement freshwater-related resource consent, it can only be publicly notified if you request it.

However, the consent authority can still limited notify the application.

If your application is limited notified, a submitter may only appeal if the Environment Court is satisfied that they have a greater interest in the application than any interest the general public may have.

Summing Up

In summary, the new NBE legislation introduces a new maximum duration for some freshwater-related consents, with exemptions for certain activities.

It's important to understand these changes from Day 1, as they will affect the process and duration of consent applications under the new system.

We recommend consulting with a qualified planning professional for specific advice related to your situation.

Disclaimer: The information in this blog post is accurate at the time of publication. However, it is subject to change.