Section 43A — Resource Management Act 1991: Additional powers to implement national environmental standards

43A Additional powers to implement national environmental standards (1) National environmental standards may— (a) prohibit an activity: (b) allow an activity: (c) restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard: (d) require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard: (e) specify, in relation to a rule made before the commencement of a national environmental standard,— (i) the extent to which any matter to which the standard applies continues to have effect; or (ii) the time period during which any matter to which the standard applies continues to have effect: (f) require local authorities to review, under section 128(1) , all or any of the permits to which paragraph (ba) of that subsection applies as soon as practicable or within the time specified in a national environmental standard. (2) A national environmental standard that prohibits an activity— (a) may do 1 or both of the following: (i) state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and (ii) require compliance with the rules in a plan or proposed plan as a term or condition; or (b) may state that the activity is a prohibited activity. (3) If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4) ,— (a) allow the activity, unless it states that a resource consent is required for the activity; or (b) state that the activity is a permitted activity. (4) A national environmental standard that allows an activity— (a) may state that a resource consent is not required for the activity; or (b) may do 1 or both of the following: (i) state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and (ii) require compliance with the rules in a plan or proposed plan as a term or condition. (5) If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans: (a) a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and (b) the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and (c) if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail. (6) A national environmental standard that allows a resource consent to be granted for an activity— (a) may state that the activity is— (i) a controlled activity; or (ii) a restricted discretionary activity; or (iii) a discretionary activity; or (iv) a non-complying activity; and (b) may state the matters over which— (i) control is reserved; or (ii) discretion is restricted. Sections 43A to 43E were inserted, as from 20 May 2003, by section 18 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1) was amended, as from 10 August 2005, by section 28(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ National environmental standards ” for the words “ Regulations made under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(b) was substituted, as from 10 August 2005, by section 28(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(c) and (d) was amended, as from 10 August 2005, by section 28(3) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard ” for the words “ the regulations ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(e) was amended, as from 10 August 2005, by section 28(4)(a) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard ” for the words “ the regulations ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(e) was amended, as from 10 August 2005, by section 28(4)(b) Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ standard ” for the word “ regulation ” in both places it appears. See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(f) was amended, as from 10 August 2005, by section 28(5) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard ” for the words “ the regulations ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was substituted, as from 10 August 2005, by section 28(6) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsections (3) to (6) were inserted, as from 10 August 2005, by section 28(6) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.