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RMA — the Act and its reforms
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Rule 12.10.17 Contaminated Land; Change of use; Rural Zone
Any activity on land which an activity identified in Appendix 24E (Potentially contaminating activities) has occurred is a permitted activity if:
a) It is not:
i) A dwelling; or
ii) A school or early childhood centre; or
iii) A sports field; and
b) The site has been:
i) Remediated to a standard suitable for the proposed use; or
ii) Investigated and certified to be of a standard suitable for the proposed use; and
c) Any containment works are not damaged or destroyed.
Assessment Criteria: Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The extent and nature of any contamination of land or ground water and the potential sources of contamination.
ii) The degree to which earth moving or removal will be undertaken, including any methods to control the release of contaminants into the environment (e.g. sediment control, site covering and dust control).
iii) Whether contaminated or potentially contaminated soil or ground water will be able to be treated or disposed of.
iv) The degree to which the health and safety of the community and workers during site works will be provided for including, if necessary, the presence of public exclusion zones, site security and location of worker amenity facilities.
v) The degree to which measures will be employed to avoid remedy or mitigate any adverse effects on human health, water quality, or the receiving environment.
vi) Whether the land is suitable for its intended end use.
Note 1: Reference to the Ministry for the Environment's Contaminated Land Management Guidelines Nos 1-5 will assist applicants in achieving compliance with the criteria set out above.
Rule 13.10.19 Contaminated; Land Change of Use: Residential Zone.
Rule 14.10.19 Contaminated Land; Change of Use: Business Zone.
Rule 15A.10.17 Contaminated Land; Change of Use: Maori Purposes Land.
Rule 15B.10.17 Contaminated Land; Change of Use: Treaty Settlement Land.
Last Updated ( Monday, 16 November 2009 11:36 )