Section 108 — Resource Management Act 1991: Conditions of resource consents

108 Conditions of resource consents (1) Except as expressly provided in this section and subject to any regulations, a resource consent may be granted on any condition that the consent authority considers appropriate, including any condition of a kind referred to in subsection (2) . (2) A resource consent may include any one or more of the following conditions: (a) Subject to subsection (10) , a condition requiring that a financial contribution be made: (b) a condition requiring provision of a bond (and describing the terms of that bond) in accordance with section 108A : (c) A condition requiring that services or works, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource, be provided: (d) In respect of any resource consent (other than a subdivision consent), a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates): (e) Subject to subsection (8) , in respect of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or section 15B , a condition requiring the holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of the discharge and other discharges (if any) made by the person from the same site or source: (f) In respect of a subdivision consent, any condition described in section 220 (notwithstanding any limitation on the imposition of conditions provided for by section 77B(2)(c) or (3)(c) ): (g) In respect of any resource consent for reclamation granted by the relevant consent authority, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10 : (h) In respect of any coastal permit to occupy any part of the coastal marine area (relating to land of the Crown in the coastal marine area or land in the coastal marine area vested in the regional council), a condition— (i) Detailing the extent of the exclusion of other persons: (ii) Specifying any coastal occupation charge. (3) A consent authority may include as a condition of a resource consent a requirement that the holder of a resource consent supply to the consent authority information relating to the exercise of the resource consent. (4) Without limiting subsection (3) , a condition made under that subsection may require the holder of the resource consent to do one or more of the following: (a) To make and record measurements: (b) To take and supply samples: (c) To carry out analyses, surveys, investigations, inspections, or other specified tests: (d) To carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner: (e) To provide information to the consent authority at a specified time or times: (f) To provide information to the consent authority in a specified manner: (g) To comply with the condition at the holder of the resource consent's expense. (5) Any conditions of a kind referred to in subsection (3) that were made before the commencement of this subsection, and any action taken or decision made as a result of such a condition, are hereby declared to be, and to have always been, as valid as they would have been if subsections (3) and (4) had been included in this Act when the conditions were made, or the action was taken, or the decision was made. (6) [Repealed] (7) Any condition under subsection (2)(d) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority. (8) Before deciding to grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or 15B subject to a condition described in subsection (2)(e) , the consent authority shall be satisfied that, in the particular circumstances and having regard to— (a) The nature of the discharge and the receiving environment; and (b) Other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment— the inclusion of that condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment. (9) In this section, financial contribution means a contribution of— (a) Money; or (b) Land, including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Maori land within the meaning of the Maori Land Act 1993 unless that Act provides otherwise; or (c) A combination of money and land. (10) A consent authority must not include a condition in a resource consent requiring a financial contribution unless— (a) The condition is imposed in accordance with the purposes specified in the plan or proposed plan (including the purpose of ensuring positive effects on the environment to offset any adverse effect); and (b) The level of contribution is determined in the manner described in the plan or proposed plan. Subsection (1) was amended, as from 7 July 1993, by section 58 Resource Management Amendment Act 1993 (1993 No 65) by substituting the letter “ A ” for the words “ Except as provided in subsection (3), a ” . Subsection (1)(b) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by inserting the words “ alteration or ” . Subsection (1)(c) was amended, as from 7 July 1993, by section 58(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ in favour of the consent authority ” for the words “ which is capable of registration under the Land Transfer Act 1952 ” . Subsection (1)(f) was amended, as from 7 July 1993, by section 58(3) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ notwithstanding section 114(1), ” . Subsection (1)(g) was inserted, as from 7 July 1993, by section 58(4) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was substituted, as from 17 December 1997, by section 24(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (2) was amended, as from 7 July 1993, by section 58(5) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ (g) ” for the expression “ (f) ” and by omitting the words “ subsection (3) and ” . Subsection (2) was substituted, as from 17 December 1997, by section 24(1) Resource Management Amendment Act 1997 (1997 No 104) See section 78 of that Act as to the transitional provisions. Subsection (2)(b) was substituted, as from 1 August 2003, by section 45(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(f) was amended, as from 1 August 2003, by section 45(2) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ section 77B(2)(c) or (3)(c) ” for the words “ section 105(l)(a) or (b) ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was substituted, as from 7 July 1993, by section 58(6) Resource Management Amendment Act 1993 (1993 No 65). Subsection (4) was substituted, as from 7 July 1993, by section 58(6) Resource Management Amendment Act 1993 (1993 No 65). Subsection (5) was substituted, as from 7 July 1993, by section 58(6) Resource Management Amendment Act 1993 (1993 No 65). Subsection (6) was amended, as from 17 December 1997, by section 24(2) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ (2)(b) ” for the expression “ (1)(b) ” See section 78 of that Act as to the transitional provisions. Subsection (6) was repealed, as from 1 August 2003, by section 45(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (7) was amended, as from 17 December 1997, by section 24(3) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ (2)(d) ” for the expression “ (1)(c) ” . See section 78 of that Act as to the transitional provisions. Subsection (8) was amended, as from 17 December 1997, by section 24(4)(b) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ (2)(e) ” for the expression “ (1)(e) ” . See section 78 of that Act as to the transitional provisions. Subsection (8) was amended, as from 20 August 1998, by section 24(4)(a) Resource Management Amendment Act 1997 (1997 No 104) by inserting the expression “ or 15B ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210). Subsection (9)(a) was substituted, as from 7 July 1993, by section 58(7) Resource Management Amendment Act 1993 (1993 No 65). Subsection (9)(b) was substituted, as from 7 July 1993, by section 58(7) Resource Management Amendment Act 1993 (1993 No 65). Subsection (9)(b) was amended, as from 15 November 1995, by section 34 Waikato Raupatu Claims Settlement Act 1995 (1995 No 58) by inserting the words “ and excluding land registered in the name of Pootatau Te Wherowhero under section 19 of the Waikato Raupatu Claims Settlement Act 1995 ” . See clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1995 (SR 1995/247). Subsection (9)(c) was substituted, as from 7 July 1993, by section 58(7) Resource Management Amendment Act 1993 (1993 No 65). Subsection (9) was substituted, as from 17 December 1997, by section 24(5) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions, and section 79 of that Act as to the financial transitional provisions. Subsection (10) was inserted, as from 17 December 1997, by section 24(5) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions, and section 79 of that Act as to the financial transitional provisions. Subsection (10)(a) was amended, as from 1 August 2003, by section 45(4) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or proposed plan ” after the word “ plan ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (10)(b) was amended, as from 1 August 2003, by section 45(5) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or proposed plan ” after the word “ plan ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.