Updated 11 September 2018
The use, development (including remediation) or subdivision of contaminated land is a Restricted Discretionary Activity.
Note: Details of confirmed contaminated sites are held by the Bay of Plenty Regional Council in the Selected Land-Use Register, which is updated on a regular basis. Soil investigations may also provide details of confirmed contaminated sites. This information will be available on the Council GIS database, property files and Land Information Memoranda
9B.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions
The Council restricts the exercise of its discretion to the methods adopted for remediation or management, containment or removal of contaminated soils. Details to include:
- The nature and extent of contamination;
- The risk posed by contaminants to public health and safety;
- The effects of contamination on built structures, ecological and amenity values, soil quality, surface and groundwater quality and the wider environment;
- The approach to the remediation and mitigation measures proposed to avoid adverse effects on public health, safety and the environment;
- Any Site Management Plan prepared to address contaminated sites.
Note: If the contaminated land falls within Contamination Managed under the Bay of Plenty Regional Council Selected Land Use Register for sites already managed, a written statement from the Bay of Plenty Regional Council may be required to confirm the contaminated land status in relation to the proposed subdivision, use and development
Note: Where the contaminated land falls within Contamination Acceptable/Remediated or No Identified Contamination, a written statement from the Bay of Plenty Regional Council will be required to confirm the contaminated land status in relation to the proposed subdivision, use and development (including redevelopment). This will determine if the proposed subdivision or land-use activity does not require any further assessment for land contamination, i.e., the land thought to be potentially contaminated is subsequently determined as acceptable for the intended use.
Definitions in this section