Section 391A — Resource Management Act 1991: Resource consents following approval under Clean Air Act 1972

391A Resource consents following approval under Clean Air Act 1972 (1) Where— (a) Before the date of commencement of this Act, any person has obtained an approval under section 31 of the Clean Air Act 1972 in respect of any scheduled premises within the meaning of that Act and that person had not applied for a licence to operate under section 25 of the Clean Air Act 1972; and (b) That person makes an application for a resource consent to discharge any contaminant into air from those premises— then the consent authority may grant a discharge permit to the approval holder under the provisions of subsection (2) if the consent authority is satisfied that— (c) The plant and equipment has been installed within the scheduled premises in accordance with the approval; and (d) The conditions proposed in the approval as to the construction of the plant and equipment have all been met by the applicant; and (e) The approval is subject to conditions of operation; and (f) Every local authority affected by an application to which subsection (2) applies has received at least 10 working days' opportunity to comment on or seek variation to any of those conditions, and that such local authorities have not sought any variation to the conditions of approval within that time; and (g) The conditions of operation contained in the approval are appropriate and adequate. (2) Where the provisions of subsection (1) are satisfied, the consent authority shall determine the application in accordance with the following provisions: (a) The application shall not be notified in accordance with section 93 or notice of the application served in accordance with section 94 ; and (b) The consent authority shall not hold a hearing in terms of section 100 to determine the application; and (c) Any discharge permit granted under this section shall expire 1 year after the date on which it commences; and (d) In all other respects the application shall be determined by the consent authority in accordance with the provisions of this Act. Section 391A was inserted, as from 7 July 1993, by section 182 Resource Management Amendment Act 1993 (1993 No 65) and is almost identical to section 391A as inserted by regulation 7 Resource Management (Transitional Provisions) Regulations (No 2) 1992 (SR 1992/107). Subsection (2)(a) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or notice of the application served in accordance with section 94 ” after the expression “ section 93 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.