Territorial Authorities

Territorial authorities are responsible for controlling the adverse effects of the development, subdivision, or use of contaminated land. 4271  Territorial authorities primarily fulfil this function by preparing district plans which require resource consent to be obtained for the development, subdivision, or use of contaminated land. District plan rules must be consistent with the NES.

In addition, territorial authorities are required to provide information regarding site contamination when a request is made for a property’s Land Information Memorandum report (LIM) 4272  or for a Project Information Memorandum (PIM). 4273

Territorial authorities also have the function of controlling the use of land for the purpose of the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances. 4274  A regional policy statement must state 4275  the local authority responsible for specifying the objectives, policies, and methods for the control of the use of land to prevent or mitigate the adverse effects of the storage, use, disposal, or transportation of hazardous substances.

Thames-Coromandel Proposed District Plan

Objective 1

The risks to Human health and wider environment from potentially contaminated land are avoided, remedied or mitigated when a change of land use occurs.

Policy 1a

Subdivision and use of potentially contaminated land shall be controlled in accordance with the Resource Management National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Regulations Health 2011.

Policy 1b

Adverse effects of contaminated land on human health and the environment, arising as a result of subdivision or a change in land use , shall be minimised through a Council approved remediation process.

36.5     CONTAMINATED LAND RULES

RULE 1

An activity is a permitted activity if it is stated in Clause 8 of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

RULE 2 

An activity is a controlled activity if it is stated in Clause 9 of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

RULE 3

An activity is a restricted discretionary activity if it is stated in Clause 10 of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

RULE 4

An activity is a discretionary activity if it is stated in Clause 11 of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

  1. Section 31(1)(b)(iia) RMA.

  2. Section 44A(2)(a) Local Government Official Information and Meetings Act 1987.

  3. Section 12(2) The Building Act 2004.

  4. Section 30(1)(c)(v) RMA

  5. Section 62 (1) (i) (ii) RMA.

Last updated at 10:58AM on November 27, 2015