There are several ways to change a resource consent, depending on the particular circumstances of that consent.
Replacements
If a consent holder wishes to continue their activity beyond the duration of the consent, a new consent needs to be applied for. It is important that the process begins at least 6 months before the current consent expires, to ensure that approval is obtained from the Council for the activity to continue irrespective of whether the new consent application has completed processing. Please ensure that the number of the consent to be replaced is clearly stated on your application form.
- When the application for the new consent is received by Environment Canterbury at least 6 months prior to the expiry of the existing consent, holders can continue to operate under their existing consent beyond its expiry date until the new application is determined.
- When the application for the new consent is received by Environment Canterbury between 6 to 3 months prior to the expiry of the existing consent, consent holders can continue to operate under their existing consent beyond its expiry date only with the approval of Environment Canterbury.
- When the application for the new consent is received less than 3 months prior to the expiry of the existing consent, holders must cease the activity on expiry until their new application is determined.
Change of conditions
You can apply to cancel or change the conditions of your resource consent. You will be required to supply the same application paperwork as you did for the initial application, as some aspects may have changed. Environment Canterbury will consider additional effects to the environment and the effect on affected persons, including any new persons why may be affected compared to when the consent was first granted. Please ensure that you supply the number of the consent to be changed clearly on your application, and supply the appropriate fixed deposit. If the changes you require are substantial, you may be advised that the application will be processed as a new resource consent rather than a change of conditions. Please note that the expiry date can never be changed, and your request to change conditions may not be granted.
The Microsoft Word files can be downloaded to your local machine and filled-in off-line. They will, however, need to be printed and signed and returned to Environment Canterbury. The PDF files can be downloaded, printed, then filled-in, signed and returned to Environment Canterbury.
Transfers
There are different types of transfers - the key ones are a transfer from site to site, and transfer from one person to another . There are application forms available for both types of transfer. Consents should be transferred when you sell the property to which the consent relates; most transfers do not involve a charge from Environment Canterbury. If you do not transfer your consent you are still liable for the monitoring charges, irrespective of whether you still own the property. Under some circumstances, Environment Canterbury has the right to refuse a transfer.
The Microsoft Word files can be downloaded to your local machine and filled-in off-line. They will, however, need to be printed and signed and returned to Environment Canterbury. The PDF files can be downloaded, printed, then filled-in, signed and returned to Environment Canterbury.
Surrenders
If you are no longer using your consent, you may wish to surrender all or part of it, otherwise you will continue to be charged for monitoring. There is an application form to complete and no charge is involved for full surrenders. Environment Canterbury may refuse to accept a surrender in some circumstances, for example where there has been non-compliance with a condition of the consent. If you have a current resource consent that is replaced by a new consent with the same number but a different version, your original consent will be automatically cancelled and does not need to be surrendered.
The Microsoft Word files can be downloaded to your local machine and filled-in off-line. They will, however, need to be printed and signed and returned to Environment Canterbury. The PDF files can be downloaded, printed, then filled-in, signed and returned to Environment Canterbury.
Reviews
Environment Canterbury has the right to review the conditions in your resource consent under certain circumstances. In some cases Environment Canterbury might include a specific condition on the decision document providing for the review of conditions at set times. A review of your consent may occur to remedy an adverse effect occurring as a result of exercising the consent. Alternatively, the conditions of your consent may be reviewed to ensure they are consistent with an operative Regional Plan or a National Environmental Standard (NES). In either case, a Notice of Review will be issued to you with the reasons for review and the process fully explained.