Section 105 — Resource Management Act 1991: Matters relevant to certain applications

105 Matters relevant to certain applications (1) If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B , the consent authority must, in addition to the matters in section 104(1) , have regard to— (a) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (b) the applicant's reasons for the proposed choice; and (c) any possible alternative methods of discharge, including discharge into any other receiving environment. (2) If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1) , consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 108(2)(g) on the resource consent. Subsection (1) was substituted, as from 7 July 1993, by section 55(1) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(b) was amended, as from 17 December 1997, by section 22(1) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ consent may only be refused or ” . See section 78 of that Act as to the transitional provisions. Subsection (2)(a) was substituted, as from 7 July 1993, by section 55(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (2)(b) was substituted, as from 7 July 1993, by section 55(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (2)(b) was repealed, as from 17 December 1997, by section 22(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (2A) was inserted, as from 17 December 1997, by section 22(3) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (3A) was inserted, as from 17 December 1997, by section 22(4) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Sections 105 and 106 were substituted, as from 1 August 2003, by section 44 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.