These regulations are the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

These regulations come into force on 1 January 2012.

In these regulations,—

These regulations—

• (a) deal with territorial authority functions under section 31 of the Act:

• (b) do not deal with regional council functions under section 30 of the Act.

(1) These regulations—

• (a) apply when a person wants to do an activity described in any of subclauses (2) to (6) on a piece of land described in subclause (7) or (8):

• (b) do not apply when a person wants to do an activity described in any of subclauses (2) to (6) on a piece of land described in subclause (9).

(2) An activity is removing a fuel storage system from the piece of land or replacing a fuel storage system in or on the piece of land, which means—

• (a) doing any of the following:

  • (i) removing or replacing the whole system:

  • (ii) removing or replacing an underground part of the system:

  • (iii) taking away or putting back soil associated with the removal or replacement of the system or the part:

• (b) doing any of the following for purposes associated with removing or replacing the whole system or part of the system:

  • (i) sampling the soil of the piece of land:

  • (ii) investigating the piece of land:

  • (iii) remediating the piece of land:

  • (iv) validating the piece of land:

  • (v) managing the piece of land.

(3) An activity is sampling the soil of the piece of land, which means sampling it to determine whether or not it is contaminated and, if it is, the amount and kind of contamination.

(4) An activity is disturbing the soil of the piece of land, which—

• (a) means disturbing the soil of the piece of land for a particular purpose:

• (b) does not include disturbing the soil of the piece of land, whatever the purpose, if the land is land to which regulation 33(9) or 36 of the Resource Management (National Environmental Standard for Electricity Transmission Activities) Regulations 2009 applies.

(5) An activity is subdividing land, which means subdividing land—

• (a) that has boundaries that are identical with the boundaries of the piece of land; or

• (b) that has all the piece of land within its boundaries; or

• (c) that has part of the piece of land within its boundaries.

(6) An activity is changing the use of the piece of land, which means changing it to a use that, because the land is as described in subclause (7), is reasonably likely to harm human health.

(7) The piece of land is a piece of land that is described by 1 of the following:

• (a) an activity or industry described in the HAIL is being undertaken on it:

• (b) an activity or industry described in the HAIL has been undertaken on it:

• (c) it is more likely than not that an activity or industry described in the HAIL is being or has been undertaken on it.

(8) If a piece of land described in subclause (7) is production land, these regulations apply if the person wants to—

• (a) remove a fuel storage system from the piece of land or replace a fuel storage system in or on the piece of land:

• (b) sample or disturb—

  • (i) soil under existing residential buildings on the piece of land:

  • (ii) soil used for the farmhouse garden or other residential purposes in the immediate vicinity of existing residential buildings:

  • (iii) soil that would be under proposed residential buildings on the piece of land:

  • (iv) soil that would be used for the farmhouse garden or other residential purposes in the immediate vicinity of proposed residential buildings:

• (c) subdivide land in a way that causes the piece of land to stop being production land:

• (d) change the use of the piece of land in a way that causes the piece of land to stop being production land.

(9) These regulations do not apply to a piece of land described in subclause (7) or (8) about which a detailed site investigation exists that demonstrates that any contaminants in or on the piece of land are at, or below, background concentrations.

(1) Subclauses (2) and (3) prescribe the only 2 methods that the person may use for establishing whether or not a piece of land is as described in regulation 5(7).

(2) One method is by using information that is the most up-to-date information about the area where the piece of land is located that the territorial authority—

• (a) holds on its dangerous goods files, property files, or resource consent database or relevant registers; or

• (b) has available to it from the regional council.

(3) The other method is by relying on the report of a preliminary site investigation—

• (a) stating that an activity or industry described in the HAIL is, or is not, being undertaken on the piece of land; or

• (b) stating that an activity or industry described in the HAIL has, or has not, been undertaken on the piece of land; or

• (c) stating the likelihood of an activity or industry described in the HAIL being undertaken, or having been undertaken, on the piece of land.

(4) The person must—

• (a) choose which of the 2 methods to use; and

• (b) meet all the costs involved in using the method that the person has chosen.

(1) In this regulation,—

(2) If the contaminant of concern is a priority contaminant and the land use fits within an exposure scenario adopted in the Methodology, the applicable standard is the soil contaminant standard for the priority contaminant.

(3) If the contaminant of concern is a priority contaminant and the land use does not fit within an exposure scenario adopted in the Methodology, the applicable standard is whichever of the following is more appropriate in the circumstances:

• (a) the guideline value derived in accordance with the methods and guidance on site-specific risk assessment provided in the Methodology:

• (b) the soil contaminant standard for the priority contaminant of the exposure scenario adopted in the Methodology with greater assumed exposure than the actual exposure.

(4) If the contaminant of concern is not a priority contaminant, the applicable standard is whichever of the following is more appropriate in the circumstances:

• (a) the guideline value derived in accordance with the methods and guidance on site-specific risk assessment provided in the Methodology:

• (b) a guideline value for the protection of human health that is chosen in accordance with the current edition of Contaminated Land Management Guidelines No. 2–Hierarchy and Application in New Zealand of Environmental Guideline Values, Wellington, Ministry for the Environment.

(1) Removing or replacing a fuel storage system is a permitted activity while the following requirements are met:

• (a) the activity must be done in accordance with the current edition of Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Wellington, Ministry for the Environment:

• (b) the territorial authority of the district where the system is located must be notified of—

  • (i) the place where the activity is to be done:

  • (ii) the dates on which it is intended that the activity begin and end:

  • (iii) the facility at which it is intended that soil taken away in the course of the activity be disposed of:

• (c) notification under paragraph (b) must be done no sooner than 1 month and no later than 1 week before the activity begins:

• (d) the volume of soil disturbed must be no more than 30 m³ for each tank in the system:

• (e) the volume of soil taken away in the course of the activity must be no more than 30 m³ for each tank in the system:

• (f) soil taken away in the course of the activity must be disposed of at a facility authorised to receive soil of that kind:

• (g) the duration of the activity must be no longer than 2 months:

• (h) the results of the investigation of the piece of land required by the guidelines described in paragraph (a) must be reported to the territorial authority within 3 months after the activity ends.

(2) Sampling the soil of the piece of land is a permitted activity while the following requirements are met:

• (a) controls to minimise the exposure of humans to mobilised contaminants must—

  • (i) be in place when the activity begins:

  • (ii) be effective while the activity is done:

  • (iii) be effective until the soil is reinstated to an erosion-resistant state:

• (b) the soil must be reinstated to an erosion-resistant state within 1 month after the end of the course of sampling for which the activity was done:

• (c) soil must not be taken away in the course of the activity except as samples taken for the purpose of laboratory analysis:

• (d) the integrity of a structure designed to contain contaminated soil or other contaminated materials must not be compromised.

(3) Disturbing the soil of the piece of land is a permitted activity while the following requirements are met:

• (a) controls to minimise the exposure of humans to mobilised contaminants must—

  • (i) be in place when the activity begins:

  • (ii) be effective while the activity is done:

  • (iii) be effective until the soil is reinstated to an erosion-resistant state:

• (b) the soil must be reinstated to an erosion-resistant state within 1 month after the serving of the purpose for which the activity was done:

• (c) the volume of the disturbance of the soil of the piece of land must be no more than 25 m³ per 500 m²:

• (d) soil must not be taken away in the course of the activity, except that,—

  • (i) for the purpose of laboratory analysis, any amount of soil may be taken away as samples:

  • (ii) for all other purposes combined, a maximum of 5 m³ per 500 m² of soil may be taken away per year:

• (e) soil taken away in the course of the activity must be disposed of at a facility authorised to receive soil of that kind:

• (f) the duration of the activity must be no longer than 2 months:

• (g) the integrity of a structure designed to contain contaminated soil or other contaminated materials must not be compromised.

(4) Subdividing land or changing the use of the piece of land is a permitted activity while the following requirements are met:

• (a) a preliminary site investigation of the land or piece of land must exist:

• (b) the report on the preliminary site investigation must state that it is highly unlikely that there will be a risk to human health if the activity is done to the piece of land:

• (c) the report must be accompanied by a relevant site plan to which the report is referenced:

• (d) the consent authority must have the report and the plan.

(5) If a requirement described in any of subclauses (1) to (3) is not met, the activity is a controlled activity under regulation 9 while it meets the requirements in regulation 9(1).

(6) If a requirement described in subclause (4) is not met, the activity is a controlled activity under regulation 9 while it meets the requirements in regulation 9(3).

(1) If a requirement described in any of regulation 8(1) to (3) is not met, the activity is a controlled activity while the following requirements are met:

• (a) a detailed site investigation of the piece of land must exist:

• (b) the report on the detailed site investigation must state that the soil contamination does not exceed the applicable standard in regulation 7:

• (c) the consent authority must have the report:

• (d) conditions arising from the application of subclause (2), if there are any, must be complied with.

(2) The matters over which control is reserved are as follows:

• (a) the adequacy of the detailed site investigation, including—

  • (i) site sampling:

  • (ii) laboratory analysis:

  • (iii) risk assessment:

• (b) how the activity must be—

  • (i) managed, which may include the requirement of a site management plan:

  • (ii) monitored:

  • (iii) reported on:

• (c) the transport, disposal, and tracking of soil and other materials taken away in the course of the activity:

• (d) the timing and nature of the review of the conditions in the resource consent:

• (e) the duration of the resource consent.

(3) If a requirement described in regulation 8(4) is not met, the activity is a controlled activity while the following requirements are met:

• (a) a detailed site investigation of the piece of land must exist:

• (b) the report on the detailed site investigation must state that the soil contamination does not exceed the applicable standard in regulation 7:

• (c) the consent authority must have the report:

• (d) conditions arising from the application of subclause (4), if there are any, must be complied with.

(4) The matter over which control is reserved is the adequacy of the detailed site investigation, including—

• (a) site sampling:

• (b) laboratory analysis:

• (c) risk assessment.

(5) The consent authority must not give public notification of an application for a resource consent to do any of the activities.

(6) If a requirement described in this regulation is not met, the activity is a restricted discretionary activity under regulation 10 while it meets the requirements in regulation 10(2).

(1) This regulation applies to an activity described in any of regulation 5(2) to (6) on a piece of land described in regulation 5(7) or (8) that is not a permitted activity or a controlled activity.

(2) The activity is a restricted discretionary activity while the following requirements are met:

• (a) a detailed site investigation of the piece of land must exist:

• (b) the report on the detailed site investigation must state that the soil contamination exceeds the applicable standard in regulation 7:

• (c) the consent authority must have the report:

• (d) conditions arising from the application of subclause (3), if there are any, must be complied with.

(3) The matters over which discretion is restricted are as follows:

• (a) the adequacy of the detailed site investigation, including—

  • (i) site sampling:

  • (ii) laboratory analysis:

  • (iii) risk assessment:

• (b) the suitability of the piece of land for the proposed activity, given the amount and kind of soil contamination:

• (c) the approach to the remediation or ongoing management of the piece of land, including—

  • (i) the remediation or management methods to address the risk posed by the contaminants to human health:

  • (ii) the timing of the remediation:

  • (iii) the standard of the remediation on completion:

  • (iv) the mitigation methods to address the risk posed by the contaminants to human health:

  • (v) the mitigation measures for the piece of land, including the frequency and location of monitoring of specified contaminants:

• (d) the adequacy of the site management plan or the site validation report or both, as applicable:

• (e) the transport, disposal, and tracking of soil and other materials taken away in the course of the activity:

• (f) the requirement for and conditions of a financial bond:

• (g) the timing and nature of the review of the conditions in the resource consent:

• (h) the duration of the resource consent.

(4) If a requirement described in this regulation is not met, the activity is a discretionary activity under regulation 11.

(1) This regulation applies to an activity described in any of regulation 5(2) to (6) on a piece of land described in regulation 5(7) or (8) that is not a permitted activity, controlled activity, or restricted discretionary activity.

(2) The activity is a discretionary activity.