Resource Management Act 1991

137 Transferability of discharge permits

• (1) The holder of a discharge permit may—

  • (a) transfer part or all of the holder's interest in the permit; and

  • (b) make the transfer for part or all of the remaining period of the permit.

  (2) The holder may make the transfer if it—

  • (a) is for the site for which the permit is granted; and

  • (b) is to—

    • (i) another owner or occupier of the site for which the permit is granted; or

    • (ii) a local authority.

  (3) The holder may make the transfer if it is for another site and is to any person, if a regional plan—

  • (a) allows the transfer; or

  • (b) allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.

  (4) A regional plan may allow a transfer or a consent authority may allow a transfer if—

  • (a) the transfer does not worsen the actual or potential effect of any discharges on the environment; and

  • (b) the transfer does not result in any discharges that contravene a national environmental standard; and

  • (c) if the discharge is to water, both sites are in the same catchment; and

  • (d) if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and

  • (e) if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.

  (5) An application under subsection (3)(b)—

  • (a) must be in the prescribed form; and

  • (b) must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and

  • (c) must be considered under sections 39 to 42A, 88 to 115, 120, and 121 as if—

    • (i) the application for a transfer were an application for a resource consent; and

    • (ii) the holder were an applicant for a resource consent.

  (6) The transfer has no effect until the consent authority that granted the permit receives written notice of it.

  (7) When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—

  • (a) the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and

  • (b) the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.

  Section 137: replaced, on 10 August 2005, by section 75 of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 137(5)(c): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).