Environmental law – Replacement consents and expiry dates

Resource consents are required to ensure the activity you want to do is carried out in a way that looks after you, the environment and those around you.  Not everything requires a consent and  there are permitted activities which can be done as of right.  You need to take care however as often these permitted activities have a list of requirements (known often as ‘standards’ or ‘conditions’) which must be met for the activity to actually be permitted.  If you don’t meet those you will require consent.

Consents once granted usually have an expiry date, the only exception being resource consents for land use.  Land use includes many things for example setting up frost fans, building close to your boundary or setting up a granny flat at home.

Consents that have expiry dates are usually ones relating to big ticket items in our environment, for example soil, water and air.  Expiry dates are mandatory, and the duration of the consent is determined when the application is granted.  There are many reasons to have a shorter expiry date.  The main benefit from a policy perspective of having an expiry date that allows the activity to be reconsidered in terms of effects and therefore to ensure best practice.

If you currently operate under a resource consent, you need to take care to note the expiry date and apply for a replacement consent early enough.  The Resource Management Act 1991 provides the ability to continue undertaking your activity even after expiry of your consent so long as you have lodged an application for replacement consent early enough.  This right continues until your consent is determined and all of the appeals in respect of the consent are determined.  From a business perspective it makes a significant difference to your staff and your bottom line if you don’t get this right.

For more information contact our team to discuss any concerns you might have about your expiry date or your ability to carry on business as usual.