New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) Regulations 17A to 17C apply to an application for a resource consent to discharge PM10 into an airshed before 1 September 2013, if—
(a) the concentration of PM10 in the airshed already breaches its ambient air quality standard; and
(b) the discharge to be permitted by the resource consent is likely to increase significantly the concentration of PM10 in the airshed.
(2) Regulation 17A applies to an application if—
(a) there is no regional plan that applies to the airshed; or
(b) there is a regional plan that applies to the airshed, but the plan does not comply with regulation 17B(2).
(3) Regulation 17B applies to an application if there is a regional plan that applies to the airshed and the plan complies with regulation 17B(2).
(4) Regulation 17C applies to an application if the application cannot be granted under regulation 17A or regulation 17B and either—
(a) the concentration of PM10 in the airshed, at the time the application is decided, is on or below the straight line path or the curved line path; or
(b) the application has been made in circumstances to which section 124 applies and the concentration of PM10 in the airshed, at the time the application is decided, is above the straight line path or the curved line path.
(5) In this regulation and regulations 17A to 17C—
curved line path means a curved line that—
(a) starts on the y axis of a graph at a point representing, as at 1 September 2005 or the date that the plan is publicly notified (whichever is the later), the concentration of PM10 in the airshed; and
(b) ends on the x axis of the graph at a point representing, as at 1 September 2013, the ambient air quality standard for PM10 in the airshed
regional plan includes a proposed regional plan
relevant date means—
(a) in the case of an airshed that is the region of a regional council, 1 September 2005:
(b) in the case of an airshed that is a part of the region of a regional council, the date of the notice in the Gazette that specifies the part to be a separate airshed
straight line path means a straight line that—
(a) starts on the y axis of a graph at a point representing, as at the relevant date, the extent to which the concentration of PM10 in the airshed breaches its ambient air quality standard; and
(b) ends on the x axis of the graph at a point representing, as at 1 September 2013, the ambient air quality standard for PM10 in the airshed.
Regulation 17: substituted, on 25 August 2005, by regulation 6 of the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Amendment Regulations 2005 (SR 2005/214).