Updated 11 September 2018
The Council has a function under section 31 of the RMA to control; any actual or potential effects of the use, development or protection of land including the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land. The purpose of this Section of the Plan is to ensure that the subdivision and development of potentially contaminated land (particularly as a result of its previous land use activity) is investigated and appropriate remedial action is undertaken as required before its further use. This Section of the Plan also addresses the management of subdivision, use and development of contaminated land.
In addition to the provisions of this Plan dealing with potentially contaminated land and contaminated land, the relevant rules and provisions of the Regional Water and Land Plan, administered by the Bay of Plenty Regional Council, are relevant, particularly for remediation and disturbance of contaminated land.
Under section 30 of the RMA, the Bay of Plenty Regional Council is responsible for the investigation of land for the purposes of identifying and monitoring contaminated land; and for the control of discharges of contaminants into or onto land, air, or water and discharges of water into water. The Bay of Plenty Regional Council has established a Selected Land Use Register to identify potentially contaminated land and contaminated land, which included use of the Ministry for the Environment’s Hazardous Activities and Industries List (HAIL) as part of the process.
Council has the responsibility of ensuring, when decisions are made concerning land use changes or subdivision or development of land, that the potential for health and environmental effects are evaluated to ensure that land is suitable for use. The Regional Council is to identify and monitor land that is contaminated, and collate and manage information about contaminants on land; as well as controlling discharges to the environment and the remediation of contaminated land where disturbed.
Definitions in this section
potentially contaminated land