Section 104F — Resource Management Act 1991: Implementation of national environmental standards
Text of the provision Official document
104F Implementation of national environmental standards If a national environmental standard is made to control the effects on climate change of the discharge into air of greenhouse gases, a consent authority, when considering an application for a discharge permit or coastal permit to do something that would otherwise contravene section 15 or section 15B ,— (a) may grant the application, with or without conditions, or decline it, as necessary to implement the standard; but (b) in making its determination, must be no more or less restrictive than is necessary to implement the standard. Sections 104E and 104F were inserted, as from 2 March 2004, by section 7 Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2). See sections 8 and 9 of that Act for transitional provisions relating to applications and rules made before 2 March 2004. The heading to section 104F was amended, as from 10 August 2005, by section 61(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ national environmental standards ” for the words “ regulations made under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Section 104F was amended, as from 10 August 2005, by section 61(2)(a) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard is made ” for the words “ regulations are made under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Paragraphs (a) and (b) were amended, as from 10 August 2005, by section 61(2)(b) Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ standard ” for the word “ regulations ” . See sections 131 to 135 of that Act as to the transitional provisions.
Official source: legislation.govt.nz
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