Consent Condition Framework

It is useful to have a simple framework for consent conditions to appreciate what generic types of conditions should or could be included in a consent. One useful framework is as follows:

Consent condition category	Explanation
1. Description specification	Essential. Clarifies exactly what is authorised and where the activity is located, and includes reference to all relevant documents. May sometimes be combined with a simple restriction such as the amount of water able to be taken.
2. Restrictions/standards (Most common type of conditions) (a) Performance or environmental standards (b) Simple/complex operational restrictions (c) Trigger & response controls	Specifies the receiving environment or ‘output’ standard, (eg, noise standard, effluent quality standard, height of building, maximum abstraction amount, receiving water standard). May not be needed if another condition effectively specifies performance (eg, “…built in accordance with Plan XYZ”). Most common type of condition (eg, hours of operation, works shall not occur within 20 metres of the property boundary). Provides for a limitation to apply depending on the state of the receiving environment (eg, the abstraction shall cease when the flow in the river is less than X cubic metres per second).
3. Pre-development assurance/certification	Refer to the table in the Certification examples section.
4. Post-development assurance/certification	Refer to the table in the Certification examples section.
5. Monitoring	Monitoring by consent holder to check whether the performance standard and/or other restrictions are being complied with. May be either or both receiving environment or performance monitoring. Important to specify methodology for sampling and analysis, qualifications of personnel involved and laboratory accreditation requirements.
6. Reporting	Need to ensure monitoring information is interpreted by a suitably qualified and experienced person and reported by a specified date. Reporting dates need to be specified.
7. Bond	Refer to the Bonds section.
8. Review	Usually appropriate. See Review Conditions section .
9. Duration and lapsing	Duration of consent and any non-default lapsing provision needs to be specified.