ECan's Responsibilities

What is monitored?
Environment Canterbury staff monitor many different activities with the potential to have an adverse impact on the environment.  These range from farming and industrial activities through to landfills and sewage treatment systems.  The resource consents that we monitor are split up into the following general categories.
• Land use consents,
• Discharge permits,
• Coastal permits
• Water permits.

How many resource consents are there ?
At 30 June 2004, there were 16,120 current resource consents and registered permitted activities.  These consents cover a broad range of activities and not all consents are monitored in any one-year. The frequency of monitoring depends on the type of activity authorised by the resource consent or regional plan as well as previous compliance history.

How are consents monitored?
Every resource consent granted includes conditions that place limitations on the activity involved. 
• These conditions will set out in detail the activity authorised and specify where and when it can be carried out.
• Conditions may control the scale of the activity or provide specific standards with which the consent holder must comply.
• The types of conditions, which can be applied, include, for example, allowing a water permit to be exercised only when flows in a river are above specified limits, or ensuring that dissolved oxygen in a discharge is above a designated concentration

At the time of monitoring conditions on consents and permitted activities are assessed and given grades that relate to the standard of compliance.

Where non-compliance is noted, most consent holders work with Environment Canterbury’s staff to achieve full compliance, without the need for more formal enforcement action.

How frequently do you monitor resource consents?
In many cases the frequency of monitoring relates to the performance of the consent holder.  Those who comply consistently are rewarded with less frequent monitoring than those consent holders who do not fully comply. This means that while there are target frequencies of monitoring for categories of consents, these have to be modified for individual consents depending on the actions of the consent holders. 

Are there certain monitoring programmes for certain types of resource consents?
While similar activities may have similar monitoring programmes, the variations in conditions and compliance mean most monitoring programmes are tailored to the consent. For example, low impact activities, such as tree planting on river berms, might be monitored only at the beginning or end of the consent period, or when other compliance monitoring in the area takes place. In contrast, some monitoring requires consent holders to send information to Environment Canterbury on a regular basis, such as return of information on quantity of gravel taken or water quality-sampling results. Ensuring this information is received to assess compliance may be a matter of making a phone call or sending a reminder letter.

What is involved in a site visit?
Monitoring of many consents may involve a series of site visits. These visits are usually made unannounced, to ensure that compliance monitoring officers see the normal, day-to-day operation under which the authorised activities are carried out. Site visits can involve on-site measurements and follow-up work, such as laboratory analysis of effluent discharge or water samples. Such visits may also include assessments relating to any possible future review of the consent conditions.

How much will compliance monitoring cost me?
The cost of monitoring resource consents is borne by the consent holder.  This cost can be as little as $25 for the simplest information-based programmes, through to several hundred dollars for one site visit and related laboratory analysis.  Consent holders are able to minimise costs by consistently complying fully with the conditions of their resource consent, thereby reducing the frequency of visits.

When consent holders do not comply with the conditions of their resource consent, staff work actively with the consent holder to ensure that the consent conditions are adhered to. This approach has proven to be successful in most cases.  Any follow up work is also charged.

Occasionally it is necessary to initiate formal enforcement action.

Can the conditions of my resource consent be changed?
You can apply to change or cancel the conditions of your consent, but you cannot change the duration.  The Council will have to check that there is no adverse effect from the change.  You, the consent holder, will need to obtain written approval from those who might be affected by the change of conditions. 
Find out about resource consent charges.

If, after a resource consent has been granted, the Council finds that there are adverse effects, inaccuracies in the original consent application, changes in plans or new national standards are set, then the Council may formally review your consent.  This is effectively treated as a new application for a resource consent and is charged as a new application.

How long does a resource consent last?
Your resource consent has an expiry date.

If you wish to carry out the activity after the expiry date, you need to apply to replace your consent.  If you apply to the Council no less than six months prior to the expiry date you will be able to continue to operate under the conditions of the current consent until the new application has been processed and a new resource consent issued.  Forms for the application for a resource consent can be found here.

What happens if I do not use my resource consent?
If you do not carry out the activity authorised by the consent within the time frame  specified in the RMA then the consent lapses.

If you know when you are applying for your consent that you will take longer than the five years to begin the activity you may ask for an extension to that time.

If you realise, after the consent has been issued, that you are not going to be able to carry out the activity within the specified time frame you must apply to Environment Canterbury prior to three months before the lapsing date for an extension to this.

Environment Canterbury may cancel a consent if you used it initially but then do not use it for a continuous period of five years.  You can apply to have this period extended.

What happens if I do not want the consent anymore?
If you no longer require the resource consent because the activity is not being carried out anymore, you may request to surrender the resource consent.

If you have sold the property and the new owner wishes to carry out the same activity under the same conditions, then you may transfer the resource consent to them. 

In the case of both a surrender and transfer, any costs incurred up until the date the surrender or transfer takes effect will be the responsibility of the consent holder or transferor, and these will be invoiced as part of our quarterly invoicing.  In the same way matters of compliance with conditions of consent will also be the responsibility of the consent holder or transferor up until the date the surrender or transfer takes effect.

If you do not transfer or surrender your resource consent you will continue to be responsible and liable for any ongoing matters of compliance and any monitoring fees incurred.