Section 419 — Resource Management Act 1991: Certain discharges affected by water classifications

419 Certain discharges affected by water classifications (1) Where— (a) Provisions of a final water classification of the kind referred to in section 368(2)(b) are deemed to constitute the provisions of a regional plan under section 368(1) or a regional coastal plan under section 370(1) ; and (b) Immediately before the date of commencement of this Act, in respect of any receiving water to which those provisions apply, any discharge of waste within the meaning of the Water and Soil Conservation Act 1967 was authorised to be continued under section 26K(2) of that Act— any person so authorised shall, subject to subsection (2) , continue to be so authorised for the same period, to the same extent, and subject to the same conditions, pending that person's application for a resource consent to discharge such waste into the receiving water and the determination of any appeals in respect of that application. (2) Any person authorised under subsection (1) to continue any discharge of waste shall cease to be so authorised upon the second anniversary of the date of commencement of this Act unless by that anniversary that person has made an application under this Act to the relevant regional council for a resource consent to discharge such waste. (3) This section shall apply notwithstanding anything to the contrary in this Act.