Updated 11 September 2018
The following are Restricted Discretionary Activities:
- Any hazardous substance facility with an effects ratio that is greater than the effects ratio for permitted activities, but less than that specified for Discretionary Activities in the zone in which the facility proposes to locate;
- Any activity that involves the manufacture, use, storage, transportation or disposal of hazardous substances in accordance with Appendix 9B: HSNO Classification for Assistance in Rating of Hazardous Substances in the HFSP and which does not exceed the effects ratio specified for the zone in which it seeks to locate, or is exempt from the effects ratio calculation, but does not comply with any one or more of the Permitted Activity Rules.
9A.5.1 Restricted Discretionary Activity – Standards and Terms
Restricted Discretionary Activities shall comply with the following Standards and Terms:
Note: Any activity described as a Restricted Discretionary Activity that does not comply with a Restricted Discretionary Standard and Term shall be considered a Discretionary Activity.
9A.5.1.1 Specific Information Requirements on Hazardous Facilities
- Where the Hazardous Facility Screening Procedure (HFSP) has determined the hazardous substance facility is a Restricted Discretionary Activity, the consent application shall be accompanied by an Assessment of Environmental Effects (AEE). This shall be provided in such detail as corresponds with the scale and significance of the actual or potential effects and risks of the proposed activity.
- In addition to any information required by other Sections of the Plan, every application in respect of a Restricted Discretionary or Discretionary Activity under this Section shall include full information on:
- Name of owner of the facility and 24-hour phone number(s);
- Legal description;
- Information about the nature and quantity of the hazardous and environmentally damaging substances used, stored and transported, including United Nations classifications of those substances and material safety data sheets;
- Other site occupiers and their type of business;
- Details of cumulative effects and risks with other hazardous substance facilities on the site or nearby;
- The function of the installation, including a process description and design;
- The mode of delivery of hazardous substances to and from the facility;
- Site plans to scale showing tank layout, compounded/bunded areas, and the location of transfer/load-out areas;
- Details of tank construction;
- Isolation distances between tanks and public places/storage areas/load-out and container filling areas;
- The capacity of compounded/bunded areas;
- The height and thickness of the bund wall and the materials used;
- Drainage system details, including site drainage and off-site infrastructure, e.g., stormwater drainage system, sewer type and capacity, and plans to alleviate the risk of contamination of these systems;
- The location of the facility in relation to the nearest aquifer, waterway, coast, or sensitive environment.
- The nature of the subsoil and site geology;
- Spill contingency and emergency planning, monitoring and maintenance schedules and associated equipment on-site;
- Identification of potential hazards, failure modes and exposure pathways;
- Adherence to health and safety and/or environmental management systems; and relevant legislation including the provisions of the HSNO Act and regulations;
- The method of disposal/recovery of dangerous goods and water from compounded areas;
- Proposed signs;
- Transport access and proposed frequency of movements and routes;
- Assessment of the probability and potential consequences of an accident leading to a release of a hazardous substance or loss of control;
- Information on waste management strategies and the nature and quantities of the expected waste stream;
- Built plans of the facility;
- The extent to which the proposal complies with the standards and terms of Rule 9A.5.1 – Restricted Discretionary Activity – Standards and Terms;
- Written confirmation from the New Zealand Fire Service stating it has received the same information and commented on it, and a copy of its comments.
9A.5.1.2 Traffic Safety
It should be demonstrated that the proposal will generate no significant adverse effects on the safety of the adjoining road network and that vehicles transporting hazardous substances will not use as a regular route local roads in residential areas. Conditions may be imposed that require access along specified routes, in particular the arterial road network.
9A.5.1.3 On-Site Risk Mitigation and Management
Consideration will be given to the adoption of specific spill contingency plans, emergency procedures, stormwater management and treatment, treatment and disposal procedures for wastes containing hazardous substances, fire safety, monitoring and maintenance procedures, and site management systems. This may include a requirement to provide:
- Written confirmation from the New Zealand Fire Service stating it has received the same information and commented on it, and a copy of its comments;
- Evidence that persons and facilities are licensed according to the requirements of the HSNO Act and regulations;
- Written confirmation from the Occupational Safety and Health section of the Department of Labour that on-site manufacturing processes are in accordance with good practice;
- A description of any possible alternative locations or methods of production where it is likely an activity will result in any significant adverse effects on a receiving environment.
9A.5.2 Restricted Discretionary Activities - Matters of Discretion and Conditions
The Council restricts the exercise of its discretion to:
- Whether the proposal would be consistent with the objectives and policies for the zone in which the facility proposes to locate, and the objectives and policies for management of hazardous substances;
- Actual or potential off-site effects of the non-compliance with the specified standard on the surrounding environment or the pattern of subdivision, land use, roading, or services and infrastructure in the locality;
- The classification of the activity under Table 9A.1: Consent Status Matrix for the City (Effects Ratio) based on HFSP Results;
- Imposition of conditions that would avoid, remedy or mitigate any adverse off-site environmental effects arising from the activity's non-compliance with the specified standard or arising from the activity's classification under the consent status matrix. Where necessary, more stringent measures than those required under the provisions of the HSNO Act and regulations may be imposed to manage the risk to more sensitive environments. A review clause (pursuant to section 128 RMA) may be included in the conditions, where deemed necessary, to address any future changes in the environment, codes of practice, technology or legislation;
- Specific information that accompanies the consent application in accordance with Rule 9A.5.1.1 – Specific Information Requirements on Hazardous Facilities.
Any application for a resource consent made under Rule 9A.5 Restricted Discretionary Activity shall not be notified, or served on affected persons, except where:
- The proposed hazardous substance facility is to be constructed and operated on a site directly adjoining (for example sharing a common boundary) any Residential Zone (under Chapter 14 – Residential Zones) or any Rural Residential Zone (under Chapter 15 – Rural Residential Zones) of the Plan;
- The proposed hazardous substance facility is to be constructed and operated on a site directly adjoining (i.e., sharing a common boundary) a site containing an environmentally sensitive land use activity - such as a wetland, school, tertiary education premises, hospital, or residential activity (unless the residential activity has already been established on a site directly adjoining the Port of Tauranga having taken the presence of hazardous substance facilities within the Port into account).