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Regulatory framework

As there is no legislation dealing specifically with cleanfills, activities associated with their establishment and operation are controlled through the Resource Management Act 1991. The regulatory authority responsible for each type of consent is shown below:

  • Regional Council or Unitary Authority
    Discharge Permits - Discharge contaminants to land, air or water
    Water Permit - the taking, use, damming or diverting of water
    Land-use consent - excavation or filling of land, install bores or culverts
    Coastal permit - activities in the coastal marine area
  • District or City Council
    Landuse consent - use of the land
    Subdivision consent - partition of the land

Activity Status of Cleanfills

Activities are classified under the RMA into five categories:

  • Permitted activities are recognised as being compatible with the environmental outcome sought by the regional or district plan. No resource consent is required, but permitted activities are subject to performance criteria in the plan.
  • Controlled activities may have a minor adverse effect on the environment. Consent must be granted, but subject to conditions in accordance with criteria set out in the regional or district plan.
  • Discretionary activities (including limited/restricted discretionary activities) are allowed at the discretion of the consent authority. The scope of matters that may be considered are wide ranging, unless the plan specifically restricts the scope of the consent authority's discretion. There is a general presumption that there is potential for adverse effects to be created by discretionary activities.
  • Non-complying activities are not provided for by the plan. There is a presumption that the activity will have an adverse effect on the environment unless it can be demonstrated otherwise.
  • Prohibited activities are expressly prohibited in the plan and no resource consent can be granted.

Some district and regional plans (for example, Far North District Proposed Plan, Rotorua District Plan) treat cleanfilling operations as a permitted activity. These activities are subject to compliance with a range of performance criteria, including quantities, nature of materials and location. Other plans (for example, Northland Proposed Regional Water and Soil Plan, Otago Regional Plan: Waste) make specific provision for cleanfilling as either permitted or controlled activities. Again, these are subject to compliance with a range of performance criteria.

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Last updated: 17 September 2007