B-3 – Area 3 - Assessment of Environmental Effects 59 7.8 PART 2 OF THE RESOURCE MANAGEMENT ACT 1991 It is understood that a consent authority is not required to consider Part 2 of the RMA beyond its expression in the relevant statutory planning documents. In effect, in most circumstances there is no requirement to refer back to Part 2 of the RMA in determining a resource consent application unless there is invalidity, incomplete coverage or uncertainty of meaning within the statutory planning documents. However, for completeness and in accordance with Schedule 4(2)(1)(f) of the RMA, Part 2 of the RMA is considered in Section 9 of the Overarching AEE. 7.9 SECTION 105 OF THE RESOURCE MANAGEMENT ACT 1991 Section 105 of the RMA sets out additional matters which must be considered by a consent authority when considering an application for a discharge permit. Section 105(1) states: “If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B, the consent authority must, in addition to the matters in section 104(1), have regard to— (a) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (b) the applicant's reasons for the proposed choice; and (c) any possible alternative methods of discharge, including discharge into any other receiving environment. All of the relevant matters set out in section 105(1) of the RMA are addressed in this AEE and are summarised in Table 4 below. In particular, the nature of all discharges to the environment are detailed in Section 5 of this AEE, while the sensitivity of the receiving environments is discussed in Section 2. However, it is concluded that the proposed discharges of contaminants to air, land and water associated with the proposal are the best practicable option for managing the activities within Area 3 and potential effects on the environment. Table 4: Consideration of Alternative Methods of Discharge Discharge Receiving Environment Alternative Methods of Discharge To discharge of contaminants to land and groundwater when sealing tunnels and shafts. Refer Section 2 of this AEE. The grouting techniques proposed in association with the sealing of tunnels (where necessary) are well established techniques and are used extensively throughout the mining industry. There are no practicable alternatives to grouting.
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