Section 418 — Resource Management Act 1991: Certain existing permitted uses may continue

418 Certain existing permitted uses may continue (1) For the purposes of this Act, section 15(1)(c) shall not apply in respect of any discharge from any industrial or trade premises which would not have required any licence or other authorisation under the Clean Air Act 1972, unless a regional plan provides otherwise. (1A) Notwithstanding subsection (1) , for the purposes of this Act, section 15(1)(c) shall apply to any discharges from industrial or trade premises used for the storage, transfer, treatment, or disposal of waste materials or other waste-management purposes, or for composting organic material, commenced after the 1st day of October 1991. (1B) For the purposes of this Act, section 15(1)(d) shall not apply in respect of any discharge of a contaminant from any industrial or trade premises which would not have required any licence or other authorisation to discharge contaminants onto or into land under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act, unless a regional plan provides otherwise. (1C) Notwithstanding subsection (1B) , for the purposes of this Act, section 15(1)(d) shall apply in respect of any discharges from industrial or trade premises used for the storage, transfer, treatment, or disposal of waste materials or other waste-management purposes, or for composting organic material, where that use of premises is in the nature of a waste-transfer station, land fill, rubbish dump or tip, unless— (a) The discharge is expressly allowed by a rule in a proposed regional plan; or (b) An application for a permit to discharge the contaminant has been lodged with the regional council. (2) For the purposes of this Act, paragraphs (b) and (c) of section 14(1) do not apply in respect of any use or taking of geothermal energy for any purpose authorised under section 6 or section 9(1)(b) or section 9(1)(c) of the Geothermal Energy Act 1953 within a region until the third anniversary of the date of commencement of this Act, unless a regional plan for the region sooner provides otherwise. (3) For the purposes of this Act, section 13(1) shall not apply in respect of any activity lawfully being carried out in relation to the bed of any river or lake before the 1st day of October 1991 which did not require any licence or other authorisation relating to such activity under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act, until a regional plan provides otherwise. (3A) For the purposes of this Act (except where section 383A applies), section 13(1) shall not apply in respect of any activity lawfully being carried out in relation to the bed of any river or lake while any licence or other authorisation, granted pursuant to an application made before the 1st day of October 1991, relating to such activity under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act remains in force, until a regional plan provides otherwise. (3B) Notwithstanding section 13(1)(a) , any use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the bed of any river or lake (whether or not commenced or being carried out) which, before the 1st day of October 1991, could have been lawfully commenced and continued without any licence or other authorisation relating to such activity under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act, may be continued or commenced at any time after the date of commencement of this Act until a regional plan provides otherwise. (3C) For the purposes of this Act, each regional plan under section 368 shall be deemed to include a rule to the effect that every activity described in section 13(1)(a) or (b) , in respect of any line defined in section 2(1A) of the Telecommunications Act 1987 , is a permitted activity in every case where that activity— (a) Will not cause or contribute to the occurrence of— (i) Any significant change to the movement of water or sediment in the river or lake; or (ii) Any erosion or natural hazard; or (iii) Any adverse effect to the bed of the river or lake; and (b) Will not adversely affect the carrying out of any other lawful activity in respect of the river or lake. (3D) Every rule deemed to be included in a regional plan by subsection (3C) shall apply until a regional plan provides otherwise. (4) Without limiting subsection (2) , where, immediately before the date of commencement of this Act,— (a) Heat or energy from geothermal water; or (b) Heat or energy from the material surrounding any geothermal water— was being lawfully taken or used, and such taking or use did not require any licence, permit, or other authorisation under the Geothermal Energy Act 1953, then, notwithstanding paragraphs (b) and (c) of section 14(1), such taking or use may be continued until a regional plan provides otherwise. (5) For the purposes of this Act, where, immediately before the date of commencement of this Act, any person holds any permit or dispensation granted under— (a) A bylaw made under section 149 of the Soil Conservation and Rivers Control Act 1941 (relating to watercourses) or section 150 of that Act (relating to land utilisation); or (b) A bylaw made under section 34A of the Water and Soil Conservation Act 1967 (relating to dam construction); or (c) A bylaw made under section 4 of the Water and Soil Conservation Amendment Act 1973 (relating to bores and underground water)— that permit or authorisation shall not be deemed to be a resource consent but that person may, subject to its conditions, continue to undertake the activity authorised by that permit or authorisation within a region until whichever is the sooner of— (d) The date on which a regional plan for that region provides otherwise; or (e) The date on which the permit or authorisation expires. (6) Notwithstanding section 12 where, immediately before the date of commencement of this Act,— (a) There is in force— (i) Any licence, permit, Order in Council, or approval which is deemed by section 384(1) to be a coastal permit; or (ii) Any lease described in section 425(1) ; and (b) Any activity was or was proposed to be carried out by or on behalf of the holder of that coastal permit, lease, or licence and such activity could have been lawfully commenced and continued in the coastal marine area under section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977— such activity may be continued or commenced at any time after the date of commencement of this Act and continued until— (c) The expiry of the coastal permit, lease, or licence; or (d) Where section 124 applies, the determination of any application made for a new coastal permit to replace any such coastal permit, lease, or licence and the determination of any appeals in respect of that application; or (e) A rule is included in a regional coastal plan prepared under this Act which provides that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, a non-complying activity, or a prohibited activity— whichever occurs last. (6A) For the purposes of this Act, where, in respect of any mooring existing before the 1st day of October 1991, no licence or permit was held which could be deemed to be a coastal permit under section 384(1) , then section 12(2)(a) shall not apply to that mooring until one year after a regional coastal plan provides otherwise. (6B) For the purposes of this Act, section 12(1) and (2) shall not apply in respect of any activity lawfully being carried out in the coastal marine area, before the 1st day of October 1991, which did not require any licence or other authorisation relating to such activity under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act, until a regional coastal plan provides otherwise. (6C) For the purposes of this Act, section 12(2)(a) shall not apply in respect of the occupation of any warehouse, building, wharf, or other structure in or partly within the coastal marine area under any lease, licence, permit, or other authorisation in force immediately before the 1st day of October 1991, and entered into under section 173(f) of the Harbours Act 1950 (or any former enactment). (7) Except as provided in subsection (6) , section 12 shall not apply to any activity being carried out on the date of commencement of this Act in the coastal marine area under section 90 or section 102A(1) or section 108 of the Town and Country Planning Act 1977 until the third anniversary of the date of commencement of this Act, unless a rule in a regional coastal plan prepared under this Act sooner provides that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, a non-complying activity, or a prohibited activity. (8) For the purposes of this Act, section 14(1)(a) shall not apply to the activities of ships, boats, and vessels in respect of the operational needs of those craft where, before the 1st day of October 1991, no licence or authorisation was required for those activities under any Act repealed by this Act, until a regional plan provides otherwise. (9) For the purposes of this Act, section 14(1)(a) shall not apply in respect of any activity lawfully being carried out in relation to the taking of water from a reservoir for water supply purposes, before the 1st day of October 1991, which did not require any licence or other authorisation relating to such activity under any of the Acts, regulations, or bylaws, or parts thereof, amended, repealed, or revoked by this Act, until the tenth anniversary of the date of commencement of this Act, unless a regional plan sooner provides otherwise. Subsection (1) was amended, as from 5 December 1991, by regulation 5(1) Resource Management (Transitional Provisions) Regulations (No 2) 1991 (SR 1991/256) as if subsection (1) was substituted and subsections (1A) to (1D) were inserted. Subsection (1) was substituted, and subsections (1A), (1B), and (1C) were inserted, as from 7 July 1993, by section 200(1) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was substituted, as from 2 September 1996, by section 23(1) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1A) was substituted, as from 2 September 1996, by section 23(1) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1B) was substituted, as from 2 September 1996, by section 23(1) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1B) was substituted, as from 17 December 1997, by section 67(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. See section 67(2) of that Act which states that “ Notwithstanding the amendment of section 418(6)(a)(ii) of the principal Act by section 23(2) of the Resource Management Amendment Act 1996 , section 418(6) of the principal Act is to be treated as having continued to apply to leases and licences described in section 426(1) of the principal Act as if that section 23(2) had not been enacted ” . Subsection (1C) was substituted, as from 2 September 1996, by section 23(1) Resource Management Amendment Act 1996 (1996 No 160). Subsection (3) was amended, as from 5 December 1991, by regulation 5(2) Resource Management (Transitional Provisions) Regulations (No 2) 1991 (SR 1991/256) as if subsection (3) was substituted and subsection (3A) was inserted. Subsection (3) was substituted, as from 7 July 1993, and subsections (3A) to (3D) were inserted, as from 7 July 1993, by section 200(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (4) was amended, as from 7 July 1993, by section 200(3) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ (b) and (c) ” for the expression “ (a) and (b) ” . Subsection (5)(b) was amended, as from 7 July 1993, by section 200(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ 34A ” for the expression “ 35A ” . Subsection (6)(a)(ii) was amended, as from 2 September 1996, by section 23(2) Resource Management Amendment Act 1996 (1996 No 160) by omitting the words “ or any lease or licence described in section 426(1) ” . See section 67(2) Resource Management Amendment Act 1997 (1997 No 104) which states that “ Notwithstanding the amendment of section 418(6)(a)(ii) of the principal Act by section 23(2) of the Resource Management Amendment Act 1996, section 418(6) of the principal Act is to be treated as having continued to apply to leases and licences described in section 426(1) of the principal Act as if that section 23(2) had not been enacted ” . Subsection (6)(a)(ii) was amended, as from 1 January 2005, by section 30(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by omitting the words “ or any lease or licence described in section 426(1) ” . Subsection (6)(e) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ a restricted discretionary activity, ” after the words “ controlled activity, ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (6A) was inserted, as from 7 July 1993, by section 200(5) Resource Management Amendment Act 1993 (1993 No 65). Subsection (6A) was amended, as from 2 September 1996, by section 23(3) Resource Management Amendment Act 1996 (1996 No 160) by substituting the expression “ 12(2)(a) ” for the expression “ 120(2)(a) ” . Subsections (6B) and (6C) were inserted, as from 7 July 1993, by section 200(5) Resource Management Amendment Act 1993 (1993 No 65). Subsection (7) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ a restricted discretionary activity, ” after the words “ controlled activity, ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Section 418 was amended, as from 5 December 1991, by regulation 5(3) Resource Management (Transitional Provisions) Regulations (No 2) 1991 (SR 1991/256) as if subsection (8) was added. Subsections (8) and (9) were inserted, as from 7 July 1993, by section 200(6) Resource Management Amendment Act 1993 (1993 No 65).