9A.4  Controlled Activity Rules

Updated 11 September 2018

9A.4.1 Activities Exempt from Completing a HFSP Assessment

Any individual activity which involves the manufacture, storage, use, transportation or disposal of hazardous substances in accordance with Appendix 9B: HSNO Classification for Assistance in Rating of Hazardous Substances in the HFSP that complies with any one or more of the following is a Controlled Activity:

1. Involves the retail sale and storage of:
   1. Petrol (more than 100,000 litres and up to 200,000 litres of storage in underground tanks);
   2. Diesel (more than 50,000 litres and up to 120,000 litres of storage in underground tanks;
2. Involves the retail sale and storage of LPG (up to 12 tonnes single-vessel storage underground). 

9A.4.2 Controlled Activities – Standards and Terms 

Note: Any activity described, or a Controlled Activity that does not comply with a Controlled Activity standard and term, shall be considered a Restricted Discretionary Activity. 

Controlled Activities shall comply with the following standards and terms.

1. For Rule 9A.4.1 a) – Activities Exempt from Completing a HFSP Assessment, comply with:
   1. The Code of Practice for Design, Installation and Operation of Underground Petroleum Storage Systems: 1992, and Supplement 1 – 1995;
   2. The Hazardous Substances and New Organisms Act 1996 (HSNO Act) and regulations; and
   3. The Environmental Guidelines for Water Discharges from Petroleum Industry Sites in New Zealand, MfE, 1998.
2. For Rule 9A.4.1 b) – Activities Exempt from Completing a HFSP Assessment, comply with:
   1. AS/NZS 1596: 2008 LP Gas Storage and Handling;
   2. The Hazardous Substances and New Organisms Act 1996 (HSNO Act) and regulations.

9A.4.3 Controlled Activities – Matters of Control and Conditions

Council reserves control over the following matters:

1. The proposed site and layout and the nature and scale of the proposed facility and associated operations;
2. Location, type and quantities of hazardous substances involved;
3. Site drainage and off-site infrastructure (e.g. drainage type and capacity);
4. On-site hazards, failure modes and exposure pathways from the proposed facility;
5. Measures to protect the surrounding human, natural and physical environment (including wildlife habitats and water bodies);
6. Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous substance facility;
7. Mitigation measures relative to the risk of natural hazards;
8. Proposed contingency measures and emergency plans;
9. Proposed monitoring and maintenance schedules. 

Definitions in this section

activity/activities

council

environment

hazardous substances

hazardous substance facility

infrastructure

natural hazard

retail

site