Resource Management Act 1991
From Wikipedia, the free encyclopedia
| Resource Management Act 1991 | |
Parliament of New Zealand |
|
| Long title: | An Act to restate and reform the law relating to the use of land, air, and water. |
| Introduced by: | |
| Dates | |
| Date passed: | 22 July 1991 |
| Date of Royal Assent: | |
| Commencement: | 1 October 1991 |
| Other legislation | |
| Amendments: | 1993, 1994, 1996, 1997, 2002, 2003, 2004, 2005 |
| Related legislation: | |
| Status: Current legislation | |
The Resource Management Act (RMA) is a significant, and at times, controversial Act of Parliament passed in 1991 in New Zealand. The Act controls the use of land, air and water and attempts to minimise the environmental effects of human activity.
Of particular note are the gathering of almost all land-use related regulations - such as those concerned with pollution, traffic, zoning and similar matters, with only some provisions regarding mining remaining exempt - under the umbrella of one integrated law. This was a unique concept worldwide at the time of the law's inception.[citation needed]
As the law and the decisions springing from it in court affect both individuals and businesses in large numbers, and often in very tangible ways, the law has variously been attacked for being toothless in reigning in unscrupulous businesses, or to the contrary, overly concerned with bureaucratic restrictions on legitimate economic activities.
Contents |
[edit] Effect on other legislation
The enactment of the RMA had an effect on a large amount of Acts, regulations and orders.
- A total of 69 Acts and amended Acts were repealed. (See RMA Sixth Schedule)
- Nineteen regulations and orders were revoked (Seventh Schedule)
The RMA requires the application for a 'resource consent' for any activities that relate to resource use. As part of a resource consent an Assessment of Environmental Effects (AEE), a report on the Environmental Impact Assessment, is required, which in theory includes assessment of all factors affecting the enviironment, including those that are only long-term, with 'sustainability' as a strong, though not yet clearly legally defined part of the Act.
[edit] Opinions on the RMA
The Act has regularly made headlines since its introduction, receiving the blame for the failure of a number of high profile projects, such as the Project Aqua hydro dam.
Proponents of the RMA argue that it ensures the sustainable use of resources for the foreseeable needs of the present and future generation, and also recognises the importance of indigenous rights in the mitigation process. In this respect, the RMA is a pioneering act in the area of sustainable development. New Zealand environmental lobby groups claim that about 95% of all resource consents are granted. An amendment was passed in 2005 to allow the fast-tracking of major projects deemed to be in the national interest.
Critics of the act argue that the resource management process is a barrier to investment, being unpredictable, expensive, protracted and often subject to undue influence from local lobby groups. In turn, major companies have used it to hinder the operations of their competitors (by submitting, during the resource consent process, material purporting to show non-compliance with the intentions of the law), even though the law specifically states that business competition is not to be a factor in decisions about giving consent.[citation needed] Other critics argue that the Act is destructive of property rights, and that it contains core concepts so nebulous as to make them legally indefinable.
[edit] External links
- New Zealand Government legislation - text of the Act.
- Ministry for the Environment - guide to preparing an AEE.
- RMAlink - community RMA information resource.
- rma.net Court Decisions under Resource Management Act.
- [1] - 'It's Time to Drive a Stake Through the Heart of the RMA,' a four-page PDF critique of the Act.
[edit] Further reading
- Forest and Bird, 2004 Handbook of Environmental Law ISBN 0959785183
