126 Cancellation of consent

(1)

A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.

(2)

Subsection (1) does not apply if—

(a)

the resource consent expressly provides otherwise; or

(b)

within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—

(i)

whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and

(ii)

the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan.

(3)

Sections 357A and 357C to 358 apply to this section.

Section 126: replaced, on 1 August 2003, by section 52 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 126(3): amended, on 10 August 2005, by section 69 of the Resource Management Amendment Act 2005 (2005 No 87).