Environment Canterbury
   Home > Resource Consents > Consent Process  
  Open a printable version in a new window   Email this page

Resource Consents


Consent Holder Responsibilities

A resource consent is an important legal document.

When you first receive your resource consent, it is important that you read and understand it. Please ask Environment Canterbury to clarify any points that you do not fully understand.

A resource consent may impose conditions which control the way an activity is carried out. Those conditions are designed to maintain and protect Canterbury's natural resources for other users, both now and in the future.

It is the holder's responsibility to adhere to the conditions of the consent. If the holder does not adhere to those conditions, he or she risks enforcement action by Environment Canterbury.


Monitoring

The impact of the activity which is allowed by the consent will be monitored, either by Environment Canterbury  or by you, the consent holder, or by both. If the Consent holder takes responsibility for monitoring, they will be required to report results to Environment Canterbury in accordance with the consent conditions. Environment Canterbury may also carry out independent tests.

How long does a resource consent last?

Most resource consents issued by Environment Canterbury have an expiry date. If consent holders wish to continue to carry out an activity beyond a consents expiry date, they need to apply for a new consent.

Environment Canterbury writes to all consent holders at least nine months prior to the expiry of their consent reminding them to apply for a new consent.

If an application for a new consent has not been determined by the time the existing consent expires:

  • Where the application for the new consent is received by Environment Canterbury at least six months prior to the expiry of the existing consent, consent holders can continue to operate under their existing consent beyond its expiry date until their new application is determined.
  • Where the application for the new consent is received by Environment Canterbury between six and three months prior to the expiry of the existing consent, consent holders can continue to operate under their existing consent beyond its expiry date only with the approval of Environment Canterbury.
  • Where the application for the new consent is received less than three months prior to the expiry of the existing consent, consent holders must cease the activity until their new application is determined.

What happens if I don't use my consent?

The activity authorised by this consent must be started within five years of date of commencement, or before the lapse date specified in the conditions of the consent. If the activity does not occur within this time frame the consent will lapse and no longer be valid. If an extension to the lapsing period is required this must be applied for in writing before the consent is due to lapse. Once the activity has commenced, the consent is then valid through to its specified expiry date, unless the activity is discontinued for five years, in which case the consent may be cancelled.

When you first start using this consent, even if it is replacing a previous consent for the same activity, please complete an "Exercising of Resource Consent" form and return it to Environment Canterbury.

Yearly user charges

Environment Canterbury requires holders of resource consents to pay for all actual and reasonable costs of compliance monitoring. Normally an account for these costs will be sent out once per year (although for large accounts, consent holders will be billed every six months or quarterly).

Environment Canterbury is required to go through a procedure set out in the Resource Management Act to determine and inform the public of its charging policy in relation to consent monitoring. This information is contained in the published Annual Plan and tells you how charges will be calculated. This allows you to make a reasonable estimate of what the charges are likely to be.

Transferring resource consents

Except in special cases, you are able to transfer your consent to another person. Contact Environment Canterbury  if you wish to do this. Ensure that you transfer your consent when you are selling your property. There is a form to complete and a fee to pay.

What if I wish to give up a consent?

If you wish to surrender a resource consent, please notify Environment Canterbury in writing.

Can the conditions of a resource consent be changed?

Yes, resource consent conditions may be changed in a similar way as with a new application. However, to do this you will need to apply to Environment Canterbury. There is an appropriate fee, and your application may not be granted. The expiry date can never be changed.

 

  © 2008 Environment Canterbury. All rights reserved.