Section 137 — Resource Management Act 1991: Transferability of discharge permits

137 Transferability of discharge permits (1) The holder of a discharge permit may— (a) transfer part or all of the holder's interest in the permit; and (b) make the transfer for part or all of the remaining period of the permit. (2) The holder may make the transfer if it— (a) is for the site for which the permit is granted; and (b) is to— (i) another owner or occupier of the site for which the permit is granted; or (ii) a local authority. (3) The holder may make the transfer if it is for another site and is to any person, if a regional plan— (a) allows the transfer; or (b) allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer. (4) A regional plan may allow a transfer or a consent authority may allow a transfer if— (a) the transfer does not worsen the actual or potential effect of any discharges on the environment; and (b) the transfer does not result in any discharges that contravene a national environmental standard; and (c) if the discharge is to water, both sites are in the same catchment; and (d) if the discharge is to air and a national environmental standard applies to a discharge to air, both sites are in the same air-shed as defined in the standard; and (e) if the discharge is to air and paragraph (d) does not apply, both sites are in the same region. (5) An application under subsection (3)(b) — (a) must be in the prescribed form; and (b) must be lodged jointly by the holder of the permit and the person to whom it is proposed to transfer the interest in the permit; and (c) must be considered under sections 88 to 115 , 120 , and 121 as if— (i) the application for a transfer were an application for a resource consent; and (ii) the holder were an applicant for a resource consent. (6) The transfer has no effect until the consent authority that granted the permit receives written notice of it. (7) When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,— (a) the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and (b) the interest, or the part of it transferred, is a new permit on the same conditions as the original permit. Subsection (1)(a) was amended, as from 7 July 1993, by section 78(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or to a local authority ” . Subsection (2) was amended, as from 7 July 1993, by section 78(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or to a local authority ” . Section 137 was substituted, as from 10 August 2005, by section 75 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.