The Resource Management Act 1991
The Resource Management Act 1991 is New Zealand’s environmental protection legislation. The Act’s purpose is to promote the sustainable management of natural and physical resources. There are three sections, 15, 17 and 340, that are specifically relevant to your responsibility to prevent pollution.
Section 15 prohibits unauthorised discharges of contaminants to land and water. Put simply, this means that nothing but rainwater can be discharged onto the ground, into stormwater drains or into streams, lakes or the sea without authorisation from the Regional Council. It is illegal to cause pollution and substantial penalties can be imposed, including fines up to $200,000 and up to two years imprisonment. See Section 15 of The Resource Management Act 1991 on www.legislation.govt.nz
Section 17 makes individuals responsible for ensuring that their activities do not result in pollution. Everyone must take responsibility for his or her actions. If you are the director of a company, you are also responsible for ensuring that all of your staff and contractors are aware of this responsibility. See Section 17 of The Resource Management Act 1991 on www.legislation.govt.nz
Section 340 makes you responsible for works carried out on your behalf (i.e. by your employees or people you have contracted or subcontracted to) and means you can be held liable for any unauthorised discharges to ground or the stormwater system as a result of those activities. See Section 340 of The Resource Management Act 1991 on www.legislation.govt.nz
Definition of contaminant under the Resource Management Act 1991
“Contaminant” includes any substance (including gases, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat:
(a) When discharged into water, changes or is likely to change the physical, chemical or biological condition of water; or
(b) When discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged.
Note: You must also comply with any relevant provisions of the Hazardous Substances and New Organisms Act 1996, The Toxic Substances Act 1979 and Regulations 1983, the Hazardous Substances Regulations and any other related legislation.
North Shore City District Plan
The District Plan contains North Shore City’s objectives, policies and methods (including rules) for controlling activities and development in the city.
Section 3 - procedures and general rules
Includes general information about procedures and rules, when and how to apply for resource consent, information requirements, the process for considering applications, how the plan’s effectiveness will be measured and the process for plan changes.
Section 9 - subdivision and development
Aims to manage the effects of subdivision and development throughout the city with specific reference to sediment control.
Section 10 - pollution, hazardous substances and waste management
Deals with issues about managing pollution, hazardous substances and waste generation including noise, outdoor lighting and contaminated sites.
For detailed information on the District Plan sections mentioned above, go to the District Plan page.
North Shore City Bylaw 2000
This contains rules that are specific to North Shore City and have been created by the council under the authority of the Local Government Act 2002. Bylaws relevant to pollution prevention include:
Part 7.5 - Damaging or interfering with drains etc
Part 7.5.1c states you must not deposit any refuse or discharge any contaminant into any drain, sewer, stream, watercourse or other body of water, except as authorised by a trade waste consent issued by us, a trade waste agreement with us, or a resource consent.
