How fit are your consents?
Resource consents play a crucial role in the operation of most farming businesses. They’re the cornerstone of our operations and enable us to carry out activities to make the most of our land.
However, it’s common for us to overlook the importance of regularly reviewing our consents. By neglecting to review them we increase the likelihood of non-compliance, we could miss an opportunity to ensure the consents are appropriate for what we want to be doing, as well as potentially missing other opportunities the consents may provide.
It’s essential to ensure that consents are accurate and up to date. A periodic review of consents will enable an assessment of whether they are still fit for purpose and that there is full compliance. Reviewing consents can reveal potential issues that need to be addressed before they escalate into problems.
Reviews can identify where there may not be full compliance, allowing corrective action to be taken before regulators intervene. It’s important to understand that consents are not set in stone. Some aspects of them can be amended to better reflect the needs of the farming operation. If changes are required, they can often be made without putting the consent at risk. On many occasions consent holders have said that they are nervous about altering a consent as they feel that Environment Canterbury (ECan) will impose more restrictive conditions. This is not typically the case and if you’ve sought advice from a reliable source, you’ll understand what’s likely to happen and whether there are any risks involved.
Some consultancies offer a consent Warrant of Fitness (WOF) service, which reviews consents to ensure that they are still enabling the farming operation to do what is needed. This process also considers what may be required when replacing the consent and identifies what can be done now to help with the renewal process. It can also look for opportunities that the consents may provide should they authorise something more than the current activity. For example, advice can be provided on options should there be spare water allocation.
It’s important to remember that consents have an expiry date. If a consent is not renewed in time, the farming operation could be left without the necessary permissions to carry out essential activities. Note that applications to replace expiring consents need to be lodged well before the expiry date, typically at least six months prior. In over-allocated groundwater zones, if a replacement application for the take and use of water is not lodged more than three months before expiry, ECan will not be able to receipt the application. In other words, the consent will not be able to be replaced. This obviously has huge consequences and so it is vital that all consent holders track expiry dates.
Typically, ECan will write to consent holders shortly before consents expire. However, they are not obliged to send out these reminders and although this reminder process works well, it’s unwise to rely solely on this as the catalyst for starting the consent replacement process.
By periodically reviewing your consents, you can ensure that you are aware of when they are due to expire and plan their renewal accordingly. It’s also important to ensure that they are still fit for purpose and that the farming operation is complying with all the necessary conditions.
Don't overlook the importance of regularly reviewing your consents. Contact your consultant that helps you with consent related issues and see whether they can carry out a WOF check on your consents.
