After a consent is granted
No matter what you’re doing, the Resource Management Act 1991 means no one should create unreasonable noise or cause adverse effects to the environment. This applies whether the activity you (or your neighbour) are doing needs a resource consent or not.
Part of our role at the Otago Reginal Council is to monitor how resource consents are used and the impact they have on the environment. This will mean that we make sure the consent holder works within the limitation of the consent, and that they meet the conditions of the consent. At the same time, we will also check on the environmental effects of the activity.
Minor consents are monitored by visiting the location or area of the activity and checking that the consent is being complied with. In some situations, consent holders may be required to report at regular intervals on a specified aspect of their consent.
Significant consents are subject to individual monitoring programmes which include routine inspections by Council officers, and regular self-monitoring and reporting by consent holders.
Some consents for significant activities will include a requirement for the preparation of a management plan. This plan will include matters such as the day-to-day management of the activity, contingency and precautionary measures, and monitoring programmes.
How long does a resource consent last?
Unless your resource consent is for reclamation it will have an expiry date. You may use the consent, subject to the conditions imposed, until that date.
If you apply to renew your consent no less than six months before the expiry date, you can continue to work under the consent until your application and any appeals have been decided on.
A land use consent or subdivision consent granted by a district or city council will not expire unless the consent specifies an expiry date.
What happens if I don't use my resource consent?
If the activity you have a consent for has not started within five years of the commencement date (this date is shown on your consent form), your resource consent will automatically lapse, unless there is a condition that alters this.
You can request an extension by writing to us with an explanation of the circumstances. However, you must formally apply for this. Talk to our Council Consents officers before you run out of time.
If five years has passed, and you haven’t applied for an extension or started the activity your consent is for, we can cancel the consent. We will give written notice that your consent has been cancelled.
Some consents have a shorter period before they lapse.
Any transfer of a resource consent to another person must be done by written notice to the Regional Council. Forms for the transfer of permits are available from the Council's offices.
An application to transfer a water permit to another site follows the same process as an application for a new water permit. Council officers can help with the information requirements for site transfers. The consent holder is responsible for initiating the transfer and remains liable for the exercise of the consent and any charges until the Regional Council has received the request for a transfer.
Land use consents
If you hold a land use consent and the activity is in the bed of a lake or river, you can transfer the consent to another person, unless this is specifically prohibited in the consent.
Coastal permits, water permits and discharge permits
These can be transferred to another person and some water permits can be transferred to another site.
If your water permit is to take water, you can transfer this permit to another site. However, it must be on another site within the same catchment or aquifer and is either allowed by a regional plan or has been approved by the Regional Council.
Cancelling or changing a resource consent
A consent holder can request a change or cancellation of a consent condition but not a change to the expiry date. We can change consents when regional plans are prepared or review consent conditions for specified reasons. In some cases, a new consent may be required. You should talk to one of our consents officers about making a change to your consent.
You can cancel your resource consent at any time by writing to us. We are required to give notice of acceptance before the surrender takes effect.
If there are any uncompleted works at the time you apply to surrender a consent, we may direct that the works be completed. You will also remain liable for any non-compliance with any condition of the consent prior to surrender.
For information on how to re-apply for a consent that has expired, or needs to be extend, please visit our Reapplying for a consent help page.