Transitions from 'Deemed Permit' to RMA consent

Otago has the gold miners of old to thank for many of its irrigation schemes. Landowners use water from races, dams, creeks, and channels derived from the water races dug by the miners. All water permits granted in the Otago region under the old mining laws, unless replaced with a new water permit expired on 1 October 2021.

If you have an application in with Council for new consents to ‘replace’ your deemed or water permit then it will be following the process for resource consents. You can find out more about the consent process here. If you have any questions about your application please contact the processing planner for it, or contact us.

Introductory video

Proposed Water Permits Plan Change (Plan Change 7)

A decision on Plan Change 7 was released by the Environment Court on 22 October 2021. This can be viewed here.

Staff are assessing the implications of the Court decision on resource consent applications that are currently being processed, and on future applications. We will communicate any impacts from the Plan Change 7 decision with consent applicants.

In the meantime, our consents staff are available for assistance if required, by calling 0800 474 082, or emailing public.enquiries@orc.govt.nz.

 

Proposed Water Permits Plan Change (Plan Change 7) was publicly notified for submissions on 18 March 2020 and applies to any applications lodged on or after 18 March 2020.  The rules in the proposed plan change have immediate legal effect and therefore must be complied with from that date. This plan change provides an interim regulatory framework for the assessment of applications to renew:

  • deemed permits expiring in 2021; and
  • any other water permits for the take and use of surface water (including connected groundwater) expiring prior to 31 December 2025, the date by which the new Regional Land and Water Plan is expected to be operative.

The Objective and Policy 10A.2.2 of the plan change will also apply to any new application to take surface water and/or connected groundwater.

Read the plan change and supporting information in full here.

 

What does this mean for applications lodged on or after 18 March 2020?

If your application is lodged on or after 18 March 2020, resource consent will be required under both the Regional Plan: Water for Otago and Proposed Water Permits Plan Change (Plan Change 7).

 

What does this mean for applications lodged and accepted prior to 18 March 2020?

If your resource consent application has already been lodged and accepted prior to 18 March 2020, then the activity status of your application under in the Regional Plan: Water for Otago will still apply. However, Council will consider the Proposed Water Permits Plan Change (Plan Change 7) objectives and policies when assessing and determining your application.

The Council Officer processing your application will have been in touch with you about your options and whether you wish to proceed with your application as it stands, amend your application or withdraw your application and apply anew. Get in touch with them if you wish to discuss these further.

    

Contact info

ORC is here to help you. You can call us on 0800 474 082 or email us at public.enquiries@orc.govt.nz.

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