Frequently asked questions
How long does a resource consent last?
Unless your consent is for a reclamation it is likely to have an
expiry date. You may use the consent subject to the conditions
imposed until that date. If you apply for a replacement consent no
less than six months before the expiry date, you may continue to
operate under the consent until your application and any appeals
have been decided upon. If the activity specified in a consent has
not started within five years of the date of issue the consent
will automatically lapse. However, an extension of this time limit
can be requested in writing to Bay of Plenty Regional
Council with an explanation of the circumstances before the lapse.
If a consent has been exercised but is then not used for a
continuous period of two years Bay of Plenty Regional Council
can cancel the consent by giving written notice.
Who is responsible for monitoring
Bay of Plenty Regional Council are responsible for
monitoring the use of resource consents to check that the consent
holder is exercising a consent in accordance with its limits and
conditions. Compliance monitoring is carried out to assess the
impact that the consent activity is having on the environment.
Consents are generally monitored by Bay of Plenty Regional
Council staff visiting the location of the activity. In some
situations the consent holders may also be required to report at
regular intervals on a specified aspect of the consent.
Can a consent be transferred?
A land use consent, coastal permit, water permit or discharge
permit can be transferred to another person by the consent holder
unless specifically prohibited in the consent conditions. A water
permit for the taking of water can be transferred to another site
within the same catchment or the same aquifer in accordance with
the approval of Bay of Plenty Regional Council.
Can a consent be surrendered?
If a consent holder no longer wishes to hold a resource consent
they may return or surrender the consent back to Bay of Plenty
Regional Council. This surrender must be put in writing to Bay
of Plenty Regional Council who are required to give notice of
acceptance before the surrender is valid. Forms for the surrender
of a permit are available from the Consent Administration Officer.
If there are uncompleted works at the time the surrender is applied
for Bay of Plenty Regional Council may direct these works to
be completed before accepting the surrender. The consent holder
will remain liable for any non-compliance with any condition of the
consent prior to surrender.
Can a consent be changed?
A consent holder can request a change or cancellation of a
consent condition but can not change the expiry date. Bay of
Plenty Regional Council can change consents when regional plans are
prepared or reviewed. Bay of Plenty Regional Council can
review consents or conditions for specified reasons such as a
greater impact on the environment than expected.
What about resource consents and the
Anyone carrying out an activity is required under the Resource
Management Act 1991 (RMA) to avoid, remedy or mitigate any adverse
effects on the environment arising from the activity, whether or
not it is covered by a resource consent. Under the enforcement
provisions a person may be directed to cease or not commence an
activity which has or is likely to have an adverse effect on the
environment. Anyone who does not comply with a direction to cease
an activity or who embarks on an activity which requires a consent
without first obtaining one may be prosecuted. If you have are in
any doubt about breaching the RMA please contact Environment Bay of
Plenty. Many such problems can be resolved through discussion
without the need for legal action.
Are there charges for holding a resource
Yes. For the majority of resource consents an annual
charge is payable by the consent holder under Section 36 of the
RMA. You can find out what the annual charge for your
resource consent on our
Section 36 RMA Charges Policy page.
The direct costs of monitoring are recovered from consent
holders. These costs include those incurred in: monitoring
inspections, sample collection and processing, data analysis,
review of management plans/monitoring reports, report on monitoring
work undertaken, consent administration, and time spent responding
to enquiries and justified complaints. Extra charges may
arise if additional monitoring is required because of
non-compliance with consent conditions.