Working out which consents you need

Transcription

1 Working out which consents you need A supporting resource for Step 2 of the Planning phase in the Animal Pests Framework The flow charts in this resource assist you to identify which consents are needed for an animal pest operation.

2 1. Landowner or occupier consent Landowner and/or occupier consent is a legal requirement for: Operations targeting pests defined as a wild animal in the Wild Animal Control Act 1977 Other operations under common law and the Trespass Act 1980 Does the operation include land not managed by DOC? For example: Do you need to get access across land not managed by DOC? Do you need to have helicopter landings or loading points on land not managed by DOC? Do you need to apply VTAs on land not managed by DOC? If there are land occupiers (persons in lawful occupation of the land), their consent is Is there potential for physical damage to the land? For example, risk of spill at helicopter landing points In accordance with the tort of trespass BOTH occupier AND landowner consents are Under the Trespass Act 1980 and under the Wild Animal Control Act 1977 (where the target pest is a wild animal), EITHER occupier OR landowner consent is required, Obtain consent from the occupier if there is one. Where there is no separate occupier, obtain consent from the landowner. Landowners may also include District or City Councils if the operation covers land they control. You can use cadastral maps, certificates of title and Terraview Platinum software to help identify landowners. Geospatial specialists may be able to assist. With Māori landowners, find out what the ownership arrangements are as this will determine who you need to obtain consent from. For instance, the land may be held under a Māori incorporation set up under the Te Ture Whenua Māori Act 1993, under which landowner consent need only be obtained from the trustees of the Māori Incorporation. For land covered by the Ngāi Tahu Deed of Settlement, then all agreements between the iwi and DOC need to be adhered to. For situations of multiple ownership, legal advice should be sought from a DOC solicitor. 2

3 2. Resource consent Is resource consent required for the operation, based on advice from the planning staff at the consent authority and from DOC planning and legal staff? If yes, resource consent is If no, obtain this advice in writing and put it on file. Alternatively, seek a certificate of compliance from the consent authority and put it on file. You will get a better idea of costs and timeframes if you also ask: What class of activity is it? Is the application likely to be notified, limited notification or no notice required? Is a hearing likely to be required? What costs are likely to be incurred? Ensure you discuss the full operation, not just laying the bait. Disposal of storage activities may also require resource consent. 3

4 3. Public health permission Public health permission is a legal requirement of the Hazardous Substances and New Organisms Act 1996 for the use of specified vertebrate toxic agents almost everywhere. any pesticides? any of the following vertebrate pesticides: Sodium fluoroacetate (1080) Cyanide Micro-encapsulated zinc phosphide Phosphorus 3-chloro-p-toluidine hydrochloride (DRC 1339) Public health permission is not Does the operation include land other than islands where public access is by permit only? Permission is required from a warranted HSNO enforcement officer acting under powers delegated from the Environmental Protection Authority (EPA), usually: Medical Officer of Health Health Protection Officer An employee of the Ministry of Health Public health permission is generally obtained from a Public Health Officer or Medical Office of Health at the Public Health Unit for the region where the operation will take place. For the application form and guidance on public health permissions for VTAs, see 4

5 4. Department of Conservation permission DOC permission is a legal requirement of the: Hazardous Substances and New Organisms Act 1996 for all vertebrate toxic agents Conservation Act 1987 for the control of fish Wild Animal Control Act 1977 for the control of wild animal pests on lands administered by DOC Wildlife Act 1953 for the control of other animal pests on lands administered by DOC Reserves Act 1977 for reserves It is a national standard for DOC operations on private land Are vertebrate toxic agents or other pesticides proposed as control methods? DOC permission is Management approval is needed in lieu of DOC permission. Is the operation included in a prescription? further action Obtain written approval from the DOC manager for the pest operation. 5

6 5. Environmental Protection Authority permission Environmental Protection Authority permission is a legal requirement of the Hazardous Substances and New Organisms Act 1996 for the use of sodium nitrite when targeting feral pigs on land not managed or administered by DOC. sodium nitrite (Pesticide Use #132) to target feral pigs? any land not managed or administered by DOC? Environmental Protection Authority permission is not Environmental Protection Authority permission is This permission is granted by the Environmental Protection Authority. For the application form, see 6