Section 385 — Resource Management Act 1991: Existing clean air permissions to become discharge permits

385 Existing clean air permissions to become discharge permits (1) Every permission granted under— (a) Section 25 of the Clean Air Act 1972; or (b) Section 31 of that Act— (or the corresponding provisions of any former enactment) that is in force immediately before the date of commencement of this Act shall be deemed to be a discharge permit granted under this Act on the same conditions (including those set in any enactment whether or not repealed by this Act) by the appropriate consent authority, and the provisions of this Act shall apply accordingly. (2) Without limiting subsection (1) , every permission to which subsection (1) applies shall be deemed to include, as conditions of the permission, sections 25(7), 26(8), and 31 of the Clean Air Act 1972. (3) Notwithstanding section 15 , a discharge permit deemed to be granted by— (a) Subsection (1)(a) does not authorise any person to do anything referred to in section 15 except where doing such a thing— (i) Is also authorised by a discharge permit deemed to be granted by subsection (1)(b) or by virtue of the operation of section 391 or section 391A ; or (ii) Immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(b) : (b) Subsection (1)(b) does not authorise any person to do anything referred to in section 15 except where doing such a thing— (i) Is also authorised by a discharge permit deemed to be granted by subsection (1)(a) or by virtue of the operation of section 391 or section 391A ; or (ii) Immediately before the date of commencement of this Act could lawfully have been carried out without being authorised by a permission referred to in subsection (1)(a) . (4) Notwithstanding subsection (2) , every discharge permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act or until the date of expiry of the permit, whichever first occurs, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that consent, matters that could have been included in a permission referred to in subsection (1)(a) or subsection (1)(b) , and of enabling the consent to authorise the discharge of contaminants into the air. (5) The date of expiry of any discharge permit deemed to be granted by subsection (1) shall be one year after the date on which the permission would have expired if this Act had not been passed. Subsection (2) was substituted, as from 7 July 1993, by section 178(1) Resource Management Amendment Act 1993 (1993 No 65). The new subsection replaced but was identical to the subsection substituted by regulation 6 Resource Management (Transitional Provisions) Regulations (No 2) 1992 (SR 1992/107). Subsection (3) was amended, as from 7 July 1993, by section 178(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting in each case the expression “ 391 or section 391A ” for both occurrences of the expression “ 389 ” .