Section 105 requires councils to have regard to the following matters when considering a discharge or coastal permit application which will contravene s15 or s15B of the RMA:
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- the applicant's reasons for the proposed choice; and
- any possible alternative methods of discharge, including discharge into any other receiving environment; and
- if the application is for a resource consent for a reclamation, the council must also consider whether an esplanade reserve or strip is appropriate.
These matters are in addition to the matters listed in s104(1) which a council must take into consideration before making a determination. It is important that the applicant has addressed these matters fully in their application and discussed the matters with Council prior to lodgement.
Section 107 states that councils shall not grant a discharge or coastal permit allowing the discharge of a contaminant or water if it is likely to give rise to all or any of the following effects in the receiving waters:
- the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials
- any conspicuous change in the colour or visual clarity
- any emission of objectionable odour
- the rendering of fresh water unsuitable for consumption by farm animals
- any significant adverse effects on aquatic life.
Where a proposal results in the above effects, consent may be granted if a council is satisfied that the proposal is consistent with the purposes of the RMA and:
- exceptional circumstances exist, or
- the discharge will be temporary, or
- the discharge is associated with necessary maintenance work
Conditions can be imposed which require the permit holder to undertake work in stages throughout the term of the permit.