Section 311 — Resource Management Act 1991: Application for declaration

311 Application for declaration (1) Subject to subsections (2) and (3) , any person may at any time apply to the Environment Court in the prescribed form for a declaration. (2) No person (other than the consent authority or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a resource consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates. (3) No person (other than a local authority, consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 310(e) . The words “ Environment Court ” in subsections (1) to (3) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (3) was amended, as from 7 July 1993, by section 139 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ of Conservation ” .