B-2 – Area 4 - Assessment of Environmental Effects 38 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 environment is discussed in Sections 2 and 5. However, it is concluded that the proposed discharges of contaminants to air and land associated with the proposal are the best practicable option for managing the activities within Area 4 and potential effects on the environment. Table 4: Consideration of Alternative Methods of Discharge Discharge Receiving Environment Alternative Methods of Discharge The discharge of overburden material to land associated with the temporary stockpiling of excess spoil during Services Trench construction. Refer to Section 2 of this AEE. It is not uncommon for temporary stockpiles to be used as a means of storing surplus material when undertaking earthworks. Such temporary storage activities are typically subject to sediment and erosion control measures to ensure the potential for sediment runoff is minimised.
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