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Resource Management Amendment Act 2020
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Resource Management Amendment Act 2020
Public Act
2020 No 30
Date of assent
30 June 2020
Commencement
see section 2
Contents
1
Title
2
Commencement
Part 1
Amendments to Resource Management Act 1991
3
Amendments to Resource Management Act 1991
4
Section 2 amended (Interpretation)
5
Section 2AC amended (Availability of documents during COVID-19 response)
6
Section 4 amended (Act to bind the Crown)
7
Section 11 amended (Restrictions on subdivision of land)
8
Section 29 amended (Delegation of functions by Ministers)
9
Section 36 amended (Administrative charges)
10
Section 38 amended (Authorisation and responsibilities of enforcement officers)
11
Section 39AA amended (Hearing using remote access facilities during COVID-19 response)
12
Section 42C amended (Functions of EPA)
13
Section 44 amended (Restriction on power to make national environmental standards)
14
Section 46A amended (Single process for preparing national directions)
15
Section 51 amended (Matters to be considered and board of inquiry’s report)
16
Section 58R amended (Contents of Mana Whakahono a Rohe)
17
Section 61 amended (Matters to be considered by regional council (policy statements))
18
Section 66 amended (Matters to be considered by regional council (plans))
19
Section 70A repealed (Application to climate change of rules relating to discharge of greenhouse gases)
20
Section 70B repealed (Implementation of national environmental standards)
21
Section 74 amended (Matters to be considered by territorial authority)
22
Subpart 4 of Part 5 replaced
Subpart 4—Freshwater planning process
80A
Freshwater planning process
23
Section 80C amended (Application to responsible Minister for direction)
24
Section 87AAC amended (Meaning of fast-track application)
25
Section 88 amended (Making an application)
26
Section 88B amended (Time limits from which time periods are excluded in relation to applications)
27
Section 88E amended (Excluded time periods relating to other matters)
28
New sections 88G and 88H inserted
88G
Exclusion of period when processing of non-notified application suspended
88H
Excluded time periods relating to non-payment of administrative charges
29
Section 91A amended (Applicant may have processing of application suspended)
30
Section 91B amended (When suspension of processing ceases)
31
Section 91C amended (Application may be returned if suspended after certain period)
32
New sections 91D to 91F inserted
91D
Applicant may have processing of non-notified application suspended
91E
When suspension of processing of non-notified application ceases
91F
Non-notified application may be returned after certain period
33
Section 95A amended (Public notification of consent applications)
34
Section 95B amended (Limited notification of consent applications)
35
Section 104E repealed (Applications relating to discharge of greenhouse gases)
36
Section 104F repealed (Implementation of national environmental standards)
37
Section 120 amended (Right to appeal)
38
Section 128 amended (Circumstances when consent conditions can be reviewed)
39
Section 129 amended (Notice of review)
40
Section 140 amended (Outline of this Part)
41
Section 141 amended (Interpretation)
42
Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
43
Section 143 amended (Restriction on when local authority may request call in)
44
Section 149C amended (EPA must give public notice of Minister’s direction)
45
Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
46
Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)
47
Section 149H amended (Local authority may not notify further change or variation in certain circumstances)
48
Section 149I amended (Limitation on withdrawal of change or variation)
49
Section 149M amended (Process if matter is request for regional plan or change and particular circumstances apply)
50
Section 149N amended (Process if section 149M applies or proposed plan or change not yet prepared)
51
Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)
52
Section 149P amended (Consideration of matter by board)
53
Section 149R amended (Board to produce report)
54
Section 149RA amended (Minor corrections to board decisions, etc)
55
Section 149U amended (Consideration of matter by Environment Court)
56
Section 149W amended (Local authority to implement decision of board or court about proposed regional plan or change or variation)
57
Section 170 amended (Discretion to include requirement in proposed plan)
58
Section 171 amended (Recommendation by territorial authority)
59
Section 174 amended (Appeals)
60
Section 187 amended (Meaning of heritage order and heritage protection authority)
61
Section 198E amended (Environment Court decides)
62
Section 198K amended (Environment Court decides)
63
Section 202 amended (Minister’s obligations upon receipt of application)
64
New Parts 9A and 9B inserted
Part 9A
Freshwater farm plans
217A
Purpose
217B
Interpretation
217C
Application of this Part
217D
Farm must have certified freshwater farm plan if it meets land use threshold
217E
Main duties of farm operators
217F
Contents of freshwater farm plan
217G
Certification of freshwater farm plan
217H
Audit of farm for compliance with certified freshwater farm plan
217I
Functions of regional councils
217J
Records that must be kept by regional council
217K
Regional council must appoint certifiers and auditors
217L
Relationship between certified freshwater farm plan and specified instruments
217M
Regulations relating to freshwater farm plans
Part 9B
Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems
217N
Purpose of this Part
217O
Nitrogenous fertiliser defined
217P
Obligation to comply with regulations
217Q
Regulations relating to sales information on nitrogenous fertiliser
65
Section 248 amended (Membership of Environment Court)
66
Section 249 amended (Eligibility for appointment as an Environment Judge or alternate Environment Judge)
67
Section 250 amended (Appointment of Environment Judges and alternate Environment Judges)
68
Section 250A amended (Judge not to undertake other employment or hold other office)
69
Section 250B amended (Protocol relating to activities of Judges)
70
Section 251 amended (Principal Environment Judge)
71
Section 251A amended (Appointment of acting Principal Environment Judge)
72
Section 252 amended (When an alternate Environment Judge may act)
73
Section 254 amended (Appointment of Environment Commissioner or Deputy Environment Commissioner)
74
Section 255 amended (When a Deputy Environment Commissioner may act)
75
Section 259 amended (Special advisors)
76
Section 261 amended (Protection from legal proceedings)
77
Section 265 amended (Environment Court sittings)
78
Section 279 amended (Powers of Environment Judge sitting alone)
79
Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
80
Section 281 amended (Waivers and directions)
81
Section 288A amended (Information regarding reserved judgments)
82
Section 288B amended (Recusal guidelines)
83
Section 311 amended (Application for declaration)
84
Section 316 amended (Application for enforcement order)
85
Section 324 amended (Form and content of abatement notice)
86
Section 325 amended (Appeals)
87
Section 325A amended (Cancellation of abatement notice)
88
Section 325B amended (Restrictions on certain applications for enforcement orders and abatement notices)
89
Section 330B amended (Emergency works under Civil Defence Emergency Management Act 2002)
90
Section 332 amended (Power of entry for inspection)
91
Section 336 amended (Return of property seized under sections 323 and 328)
92
Section 338 amended (Offences against this Act)
93
Section 339C amended (Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent)
94
Section 342 amended (Fines to be paid to local authority instituting prosecution)
95
Section 343D amended (Entitlement to infringement fees)
96
New Part 12A inserted
Part 12A
Enforcement functions of EPA
343E
Terms used in this Part
343F
Enforcement functions of EPA
343G
Intervention by EPA
343H
EPA may change enforcement functions
343I
EPA enforcement officers
343J
EPA may require information from local authority
343K
Additional reporting requirements
343L
Order for payment of EPA’s costs in bringing a prosecution
97
Section 353 amended (Notices and consents in relation to Maori land)
98
Section 355B amended (Enforcement powers against unlawful reclamations)
99
Section 357 amended (Right of objection against certain decisions)
100
Section 358 amended (Appeals against certain decisions or objections)
101
Section 360 amended (Regulations)
102
Sections 360D, 360E, 360G, and 360H repealed
103
Schedule 1 amended
104
Schedule 12 amended
Part 2
Amendments to other enactments
Subpart 1—Amendments to Resource Legislation Amendment Act 2017
105
Amendments to Resource Legislation Amendment Act 2017
106
Section 2 amended (Commencement)
107
Subpart 3 of Part 1 repealed
108
Schedules 4 and 5 repealed
Subpart 2—Consequential amendments to other enactments
109
Consequential amendments to other enactments
Schedule
Consequential amendments
Legislative history
Administrative information
The Parliament of New Zealand enacts as follows: