New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) A consent authority must decline an application for a resource consent (the proposed consent) to discharge PM10 if the discharge to be expressly allowed by the consent would be likely, at any time, to increase the concentration of PM10 (calculated as a 24-hour mean under Schedule 1) by more than 2.5 micrograms per cubic metre in any part of a polluted airshed other than the site on which the consent would be exercised.
(2) However, subclause (1) does not apply if—
(a) the proposed consent is for the same activity on the same site as another resource consent (the existing consent) held by the applicant when the application was made; and
(b) the amount and rate of PM10 discharge to be expressly allowed by the proposed consent are the same as or less than under the existing consent; and
(c) discharges would occur under the proposed consent only when discharges no longer occur under the existing consent.
(3) Subclause (1) also does not apply if—
(a) the consent authority is satisfied that the applicant can reduce the PM10 discharged from another source or sources into each polluted airshed to which subclause (1) applies by the same or a greater amount than the amount likely to be discharged into the relevant airshed by the discharge to be expressly allowed by the proposed consent; and
(b) the consent authority, if it intends to grant the proposed consent, includes conditions in the consent that require the reduction or reductions to take effect within 12 months after the consent is granted and to then be effective for the remaining duration of the consent.
(4) For the purposes of this regulation,—
(a) an airshed becomes a polluted airshed on and from 1 September 2012 or any later day if, for the immediately prior 5-year period,—
(i) the airshed has meaningful PM10 data for at least a 12-month period; and
(ii) the airshed's average exceedances of PM10 (as calculated under regulation 16D) was more than 1 per year; and
(b) an airshed stops being a polluted airshed on and from any day if the PM10 standard was not breached in the airshed in the immediately prior 5-year period.
(5) If an airshed is established by notice in the Gazette, the data (if any) that best applies to the new airshed from the 1 or more airsheds from which the new airshed derived must be treated as if it were the new airshed's data to determine, under subclause (4),—
(a) whether the new airshed immediately becomes a polluted airshed; or
(b) whether the new airshed later becomes or stops being a polluted airshed.
(6) To avoid doubt,—
(a) a polluted airshed to which subclause (1) applies may or may not be an airshed in the region of the consent authority considering an application; and
(b) if an airshed stops being a polluted airshed under subclause (4)(b), it may later become a polluted airshed again under subclause (4)(a).
An airshed's average exceedances of PM10 per year is 1.2 for the 5-year period from 1 September 2007 to 31 August 2012. The airshed therefore becomes a polluted airshed on 1 September 2012.
15 March 2020 is the first day after the end of a 5-year period in which the PM10 standard was not breached in the airshed. The airshed therefore stops being a polluted airshed on 15 March 2020.
Regulation 17: substituted, on 1 June 2011, by regulation 10 of the Resource Management (National Environmental Standards for Air Quality) Amendment Regulations 2011 (SR 2011/103).
