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RMA 1991 - Part 3 and 4

Terms in this set (20)

Part 3
Duties and Restrictions under the act
Part 3 summary
Restrictions on land, coastal and water use, discharges and alterations stating that unless allowed by a national standard or regional rule, a resource consent is required. Duties include avoiding unreasonable noise by the best practicable option and every person of power has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity.
Part 3 Subsections
LCRW DNA

Land (use and subdivision 9&11)

Coastal Marine areas (use and alterations 12)

Rivers and Lake Beds (Use or alterations 13)

Water(14)

Discharges (No dumping or contaminants 15A-B)

Noise (Duty to avoid ... 16)

Adverse affects (duty to avoid ... 17)
Part 4
Functions Powers and Duties of Central and Local government.
Function and Power of Ministers
Part 4 - subsections 24-29 including A's and B's
Minister of the Environment - Functions powers Duties
recommendations, monitor the effect and implementation of the act, appoint officers to achieve the act.
Minister of Conservation
28 Preparation, recommendations, approval in regards to COASTAL policy plans
28A
regional councils must supply information about regional councils monitoring of costal stuff - permits, plans etc...
Functions Powers and Duties of Local Authorities
Part 4 - Subsections 30-36AA

Regarding regional councils and territorial authorities.
Functions of Regional Councils
30 Carrying out what is necessary to achieve the act in their region - specifically to achieve integrated management
Functions of Territorial Authorities
Function to give affect to the act in its district. Establishment of local policies
Minister of Conservation ahs certainpoweres of local authority when...
31A Most islands - has the powers, duties functions of regional councils and territorial authorities for islands
Evaluation Reports
32 Rules for publishing evaluation reports, what evaluation reports should do - is the proposal the best way to achieve the act? What are the costs and benefits - environmental, economic, social and cultural?
35
Duty for local authority(regional council or territorial authority) to gather information, monitor and keep record.

35A - keep records for iwi or hapu in that region/territory
Powers and duties in relation to hearings
part 4 Subsections 39-42
Hearings
39 Local authorities - should be public unless sensitive information, without unnecessary formality.

Usually in regards to resource consents or heritage orders.
Persons heard at hearings
40 Applicants, any person who has made a submission and has said they want to speak (personally or through a representative)
Hearing provisions
41 Powers of describes powers of the local authority and when they can be exercised

Summoning witnesses, relating to evidence, maintaining order, when evidence may be presented....
Protection of sensitive information
42 A hearing doesn't have to be public if the local authority decides against public interest to make information available .
Part 4A
32c-32d

Environmental protection authority (EPA) - makes recommendations to minister and receives applications for resource consents and receives notifications on other matters (local authorities provide information to EPA)
THIS SET IS OFTEN IN FOLDERS WITH...