MODEL CONSENT CONDITIONS: for
preparing RMA permit applications
25/06/15
Draft VERSION 2
MODEL CONSENT CONDITIONS: for preparing RMA permit applications . Version 1
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accurate and reflects legal requirements. However, the document does not override governing
legislation. The NZ Transport Agency does not accept liability for any consequences arising from the
use of this document. If the user of this document is unsure whether the material is correct, they
should refer directly to the relevant legislation and contact the NZ Transport Agency.
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Published [month and year]
ISBN [number]
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1.
INTRODUCTION
The Transport Agency is required to gain various authorisations under the Resource Management Act 1991 (RMA) including
resource consents, and notice of requirements. The process of drafting, negotiating with stakeholders and finalising the
conditions associated with these authorisations can be a time consuming process. Once conditions are confirmed,
complying with the conditions can be a costly process; therefore it is important that the implications of the conditions are
properly considered before they are accepted.
The Agency has, through experience with Projects, built up a wealth of knowledge about the wording and content of
conditions and has a good understanding of which conditions are fit for purpose for the Agency while meeting the desired
environmental and social outcomes. This document utilises this experience by presenting a collection of “model consent
conditions” designed to be used as a starting point for the development of Project specific resource consent and designation
conditions. These model conditions should be used to prepare the conditions associated with statutory approvals sought by
the Agency.
1.1
Background
Transport projects are usually undertaken within a designation and do not generally require land use consent from the
relevant district council. An application for a notice of requirement (NOR) for a new designation or an alteration to
designation will have recommended conditions associated with it. These conditions relate to land use effects.
Other than for land use activities, resource consents are required for activities that are not allowed ‘as of right’ i.e. not
permitted by the Resource Management Act (RMA) or a National Environment Standard (NES); or activities that contravene
the RMA, or a rule in regional plan. Resource Consents also have conditions associated with them. As part of the statutory
approval process, the Agency can propose suggested conditions of consent/NOR. This gives the Agency an opportunity to
apply past experience and influence the development of the conditions to ensure they are ‘fit for purpose’.
1.2
What makes a good condition that is fit for purpose for the
Transport Agency?
The RMA gives wide scope to consenting authorities as to how they can write conditions. Broadly speaking the purpose of
most conditions (including those created under legislation other than the RMA, such as an archaeological authority or
Department of Conservation concession) is to ensure that the activity being authorised is carried out in a way which meets
the objectives of the relevant statute and its related provisions and documents.
RMA case law has provided some further guidance for RMA conditions, stating conditions should be used to achieve a
resource management purpose, fairly and reasonably relate to the activities authorised, not require actions from a third
party, and not be unreasonable.
Conditions may assist the consenting authority to make a decision to grant a consent by addressing effects that could
otherwise preclude the grant of consent. Conditions also give the consenting authority ongoing and clearly specified
influence over how the consented activities are carried out, as well as providing a framework for enforcement. The
conditions are important as they become the “working” part or “legacy” of the project’s Assessment of Environmental Effects.
The conditions provide a framework for mitigating the adverse effects of the activity being consented.
The Transport Agency’s role is to provide transport solutions for a thriving New Zealand which includes investing in land
transport and maintenance of the state highway network. Consent conditions are necessary to gain statutory approvals to
carry out such improvement or maintenance work. Consent conditions which best support the Agency’s purpose should
achieve the following objectives:

Enable cost effective mitigation of transport activities

Provide sufficient flexibility to allow for changes to project details and innovation while providing enough certainty
that interpretation of compliance with the condition is clear

Achieve the desired resource management outcome in a cost efficient and resource efficient manner
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
Help support the Agency’s own environmental and social objectives.

Provide clear guidance to contractors of the minimum/baseline requirements with respect to Environmental and
Social Responsibility objectives

Provide the public with clear expectations about the level of mitigation being provided in relation to the Agency’s
activities

Where possible, reduce the level of detailed designed required up front (i.e. before funds have been committed,
construction methodologies finalised)
Consent conditions which do not meet the agencies objectives are any, or all of the following:

Impractical

Onerous (i.e. Costly, time consuming)

May cause unnecessary delays e.g. restrict construction methodologies or require detailed design processes too
early in the project lifecycle.

Do not achieve the environmental or social impact avoidance or mitigation goal.
1.3
How to Use this document
Conditions can potentially cover a number of topics such as erosion and sediment control, stormwater treatment, discharges
to air, groundwater monitoring, landscaping, ecological mitigation, among others. Conditions relating to the following subject
areas are discussed in this document:







Environmental and Social Management Plans
Erosion and sediment control
Construction noise and vibration
Operational Noise
Construction Air Quality
Operational Air Quality
Urban Design and Landscaping
The following sections contain example conditions to use as a starting point for the development of conditions, commencing
with the conditions for an Environmental and Social Management Plan (ESMP) from which other sub management plans
and conditions flow. While the purposes of preparing the model conditions is to encourage consistency in the way projects
are mitigated and streamline compliance, in some cases the conditions will require adaption to Project specific
characteristics.
The model consent conditions are available in a word document. The following points should be noted when using the
conditions:




Cross references between conditions are in bold, purely to draw attention to them. They will need to be checked if
conditions are added, removed or changed.
Items in square brackets/italics will need to be inserted/adjusted according to the project/activity.
Both the terms Requiring Authority and Consent holder have been used in the draft conditions. These will need to
be included in the definitions and modified according to the application/consent authority. Other terms will need to
be included in the definitions and checked for consistency such as: Manager, Project, management plan/sub
management plan.
Some specific user notes are included in the tables in green. These are not intended to be included in the
conditions.
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2.
ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS
The preparation and implementation of an Environmental and Social Management Plan (ESMP) assists the Transport
Agency in delivering the intended environmental and social outcomes of activities undertaken by our contractors. Conditions
requiring management plans to be created (or finalised) at a later date and for these to detail mitigation methods are a
useful way of providing the Agency with some flexibility, particularly with larger scale capital projects, where detailed design
and construction methodologies are refined at a later date (i.e. after statutory approvals have been gained).
The ESMP associated with a capital project and any supporting subject matter or site specific sub plans should support
compliance with other conditions by providing detailed information on how the Agency will comply with other conditions of
the consent. The Agency has developed internal policy to support development of ESMPs (refer
http://www.nzta.govt.nz/network/operating/environmental/plans.html).
The project consenting strategy and content of the AEE will determine if a draft ESMP will be lodged with a consent
application.
Whether a draft ESMP is submitted or not, conditions promoting the use of an ESMP based on those outlined in
this section provide a framework to manage the mitigation impacts of the whole project not just each discipline or
each consent. For this reason the Transport Agency promotes a general framework which can be used for both
notice of requirements and consent applications from regional or unitary authorities and district authorities. The
reason for this is to make compliance more streamlined. Therefore where possible this condition should be the
same in applications to both regional and district authorities.
Management plans cannot replace impact assessments or be used to establish desired environmental requirements or
performance standards. They should provide the detail around how the agreed environmental requirements or performance
standards will be met. The conditions should clearly state the environmental requirement that is being sought with the
relevant management plan complementing the specified requirement.
Below is an example schematic showing where the Environmental and Social Management Plan and sub plans fit within the
key documents in the management of environmental and social effects for a typical capital project. The Agency has in the
past referred to these as Construction Environmental Management Plans.
Construction
Management Plan
Environmental
and Social
Management Plan
Construction
Noise and
Vibration
Plan
Erosion and
Sediment
Control
Management
Plan
Quality Plan
Construction
Air Quality
Management
Plan
Health and Safety
Plan
Spill response
and
contamination
Plan
Ecological
Management
and
Monitoring
Plan
In the following conditions, emphasis is on the sub-management plans or sections of the plan being certified by
independent, suitably qualified certifiers rather than the “Manager” of the relevant authority. A condition defining “suitably
qualified” can be found in section 9.
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Management Plans
General
a) All Work shall be carried out in general accordance with the following management plans and other
documents and plans required by these conditions:
i.
Environmental and Social Management Plan (ESMP) encompassing the following sub
management plans: [insert other plans eg Erosion and Sediment Control Plan, Construction Air
Quality Management Plan, Traffic Management Plan, Spill Response and Contamination Plan,
Ecological Management Plan etc]
MP1
b) The (sub) management plans shall provide the overarching principles, methodologies and
procedures for managing the site specific effects of construction of the Project to achieve the
environmental requirements and performance standards required by these conditions.
Environmental and Social Management Plan
a) The ESMP shall be prepared in accordance with the Transport Agency’s Guideline for
preparing Environmental and Social Management Plans and shall include details of:
i.
Scope, including management plan framework which identifies any sub plans that
form part of the ESMP
ii.
Environmental objectives and policies
iii.
ESMP Management Structure and Responsibility
iv.
Existing environment characteristics and impacts anticipated during construction
v.
Legislative requirements
vi.
Environmental management approach and methods and measures to avoid and
mitigate adverse environmental effects arising from construction work
vii.
Staff and contractors’ responsibilities
viii.
Training requirements for employees, sub-contractors and visitors
ix.
Environmental incident and emergency management contacts and procedures
x.
Communication and interface procedures
xi.
Environmental complaints management
xii.
Compliance monitoring
xiii.
Environmental reporting
xiv.
Corrective action and compliance issue resolution process
xv.
Environmental auditing; and
xvi.
ESMP review
MP2
b) The ESMP shall also set out construction methodologies and construction timeframes,
including staging.
c) The ESMP shall be implemented throughout the entire period of Work, and updated as
required.
d) A copy of the ESMP shall be held at one or more of the site offices at all times
Certification
MP3
NZ TRANSPORT AGENCY
a) The ESMP and sub management plans listed in [MP1 or list plans relevant to authority] shall
be certified by independent, suitably qualified and experienced person(s) approved by the
Manager as being competent and suitable to provide such certification.
b) At least [X] weeks prior to the commencement of works, the Consent Holder shall submit
information to the Manager to demonstrate that the proposed certifiers of the management
plans(s) are independent, suitably qualified and experienced. Works shall not proceed until
approval from the Manager is obtained. If the Manager does not approve the person(s)
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proposed by the Consent holder, reasons should be provided to indicate why the person(s)
is not considered to be suitable.
c) With the prior agreement of the Manager, the independent certifier may be changed at any
stage in the Project.
d) If changes to a management plan are requested by the certifier these changes shall be
made before the certification is confirmed.
If the Consent Holder has not received a response from the nominated certifier within [20] working
days of submitting the Plan for certification, the Consent Holder will be deemed to have plan
approval.
MP4
MP5
The consent holder shall submit the certified ESMP to the Manager at least [XX] Working Days prior
to the Commencement of Construction of the relevant stage or stages of work. The ESMP shall
include as appendices, the sub management plans required under Condition [MP1] which must be
certified prior to the Commencement of Construction.
MP6
The Consent Holder may make reasonable amendments to the management plans at any time. Any
changes to the management plans shall remain consistent with the overall intent of the relevant
management plan and shall be certified by the agreed independent certifier, as per the requirements
outlined in Condition MP1. The Consent Holder shall provide a copy of any such amendment to the
management plans and certification to [consenting authority] for information, prior to giving effect to
the amendment, or within [15] working days.
Advice Note
Advice Note: A [20] working day turnaround time is intended for the management plan certification
process.
User Note: These certification conditions may need to be adjusted to the relevant consenting
authority however the timeframes submitted should be as far as practical kept the same (to
streamline compliance).
3.
EROSION AND SEDIMENT CONTROL
The majority of Transport Agency capital works projects will require either an earthworks consent and/or a stormwater
discharge consent. The construction and maintenance of roads can result in the erosion of soil. This soil, when mixed with
water can have significant impacts on waterways resulting in a deterioration and destruction of flora, fauna, aesthetic
features, structures and water quality.
The Agency is committed to using careful planning and design to avoid or minimise the adverse effects of sediment
discharges. The nature of erosion and sediment control is that it is best managed through the implementation of an Erosion
and Sediment Control Plan that is developed in accordance with the Agency’s Erosion and Sediment Control Guidelines for
State Highway Infrastructure (http://www.nzta.govt.nz/resources/erosion-sediment-control/erosion-sediment.html). This
approach is promoted in the following conditions.
Erosion and Sediment Control
ESC1
During construction the consent holder shall take all practicable measures to minimise erosion and prevent
the discharge of sediment beyond the boundaries of the site.
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ESC2
ESC3
4.
Erosion and sediment control measures shall be implemented throughout construction of the Project and
shall be constructed and maintained so as to operate and perform in accordance with the Erosion and
Sediment Control Guidelines for State Highway Infrastructure [insert current version date etc refer:
http://www.nzta.govt.nz/resources/erosion-sediment-control/erosion-sediment.html]
An Erosion and Sediment Control Plan shall be prepared in accordance with the Erosion and Sediment
Control Guidelines for State Highway Infrastructure, and shall be submitted to [consenting authority] .In
accordance with condition MP3- MP5
CONSTRUCTION NOISE AND VIBRATION
The following conditions have been drafted primarily for high risk projects. Risk in this context is both the risk of works
causing annoyance or building damage, and also the related risks of costly mitigation. The level of risk is determined by a
screening process. The State highway construction and maintenance noise and vibration guide, provides further information
on determining the risk level of the project or works (http://www.nzta.govt.nz/resources/sh-construction-maintenance-noise/).
These model conditions (for high risk projects) are structured around a Construction Noise and Vibration Management Plan
(refer State highway construction and maintenance noise and vibration guide).
Criteria for blasting have not been included in these conditions as it is not required for the majority of projects.
Note: the construction condition CNV3 cross references one of the Operational conditions (ON1- ON14). This cross
reference should be checked, particularly if the operational noise conditions are altered.
Construction Noise and Vibration
CNV1
The objective of the Construction Noise and Vibration Management Plan (CNVMP), required by condition
MP1, is to provide a framework for the development and implementation of measures to avoid, remedy or
mitigate adverse construction noise and vibration effects, and to minimise any exceedance of the criteria
set out in Conditions CNV4 and CNV5. The CNVMP must be prepared in accordance with the NZ
Transport Agency State highway construction and maintenance noise and vibration guide (version 1.0,
2013).
CNV2
If measured or predicted noise and vibration from a construction activity exceeds the criteria in
Conditions CNV4 or CNV5, a Schedule to the CNVMP for that activity must be prepared in accordance
with the NZ Transport Agency State highway construction and maintenance noise and vibration guide
(version 1.0, 2013). The Schedule must be provided to the Manager at least five working days, where
practicable, in advance of the activity proceeding. A schedule must establish the best practicable option
for noise mitigation to be implemented for the construction activity.
CNV3
The CNVMP must identify which mitigation measures required by Conditions ON1 to ON14 would also
attenuate construction noise. Where practicable, those measures identified in the CNVMP must be
implemented prior to commencing major construction works that generate noise, which would be
attenuated.
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CNV4
Construction noise must be measured and assessed in accordance with NZS 6803:1999 Acoustics Construction Noise. The construction noise criteria in Table CNV1 must be complied with, as far as
practicable.
Table CNV1 Construction noise criteria
Day
Time
LAeq(15min)
LAFmax
0630h - 0730h
60 dB
75 dB
0730h - 1800h
75 dB
90 dB
1800h - 2000h
70 dB
85 dB
2000h - 0630h
45 dB
75 dB
0630h - 0730h
45 dB
75 dB
0730h - 1800h
75 dB
90 dB
1800h - 2000h
45 dB
75 dB
2000h - 0630h
45 dB
75 dB
0630h - 0730h
45 dB
75 dB
0730h - 1800h
75 dB
90 dB
1800h - 2000h
45 dB
75 dB
2000h - 0630h
45 dB
75 dB
Occupied PPFs (as defined in NZS 6806:2010)
Weekdays
Saturday
Sundays and Public
Holidays
Commercial and industrial receivers
All
0730h – 1800h
75 dB
1800h – 0730h
80 dB
Advice Note: There may be occasions when it is not practicable for construction
activity to achieve the guideline criteria in the standard. In such circumstances,
mitigation that is consistent with the best practicable option shall be adopted.
User Note: Due to the fact that at times Construction Noise may exceed the standard it is important that
the words as far as practicable remain in the consent condition.
CNV5
Construction vibration must be measured in accordance with ISO 4866:2010
Mechanical vibration and shock – Vibration of fixed structures – Guidelines for the
measurement of vibrations and evaluation of their effects on structures. The Category
A construction vibration criteria in Table CNV2 must be complied with as far as
practicable. If measured or predicted vibration from construction activities exceeds the
Category A criteria, a suitably qualified person must assess and manage construction
vibration during those activities. If measured or predicted vibration from construction
activities exceeds the Category B criteria those activities must only proceed if
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vibration effects on affected buildings are assessed, monitored and mitigated by a
suitably qualified person.
Table CNV2 Construction vibration criteria
Receiver
Details
Category A
Category B
Occupied PPFs
Night-time 2000h 0630h
0.3mm/s ppv
1mm/s ppv
Daytime 0630h - 2000h
1mm/s ppv
5mm/s ppv
Other occupied
buildings
Daytime 0630h - 2000h
2mm/s ppv
5mm/s ppv
All other buildings
Vibration - transient
5mm/s ppv
BS 5228-2*
Table B2
Vibration - continuous
BS 5228-2*
50% of table B2
values
*BS 5228-2:2009 ‘Code of practice for noise and vibration control on construction and open sites – Part 2: Vibration’
Advice Note: There may be occasions when it is not practicable for construction
activity to achieve the guideline criteria in the standard. In such circumstances,
mitigation that is consistent with the best practicable option shall be adopted.
User Note: Due to the fact that at times Construction Noise may exceed the standard it is important that
the words as far as practicable remain in the consent condition.
5.
OPERATIONAL NOISE
The following conditions relate to operational noise which occurs when the state highway improvement project has been
opened to traffic. The conditions have been prepared for high risk projects (refer the State Highway Construction and
Maintenance Noise and Vibration Guide for further information).
Operational Noise
Operational Noise
For the purposes of Conditions ON2 to ON14:
a) BPO – means the Best Practicable Option;
ON1
b) Building-Modification Mitigation – has the same meaning as in NZS 6806;
c) Habitable Space – has the same meaning as in NZS 6806;
d) Noise Assessment – Means the Road-traffic Noise Assessment Report submitted with the [NoR];
e) Noise Criteria Categories – means the groups of preference for sound levels established in accordance with
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NZS 6806 when determining the BPO for noise mitigation (i.e. Categories A, B and C);
f) NZS 6806 – means New Zealand Standard NZS 6806:2010 Acoustics – Road-traffic noise – New and
altered roads;
g) P40 – means NZ Transport Agency NZTA P40:2014 Specification for noise mitigation;
h) PPFs – means only the premises and facilities identified in green, orange or red in the Noise Assessment;
and
i) Structural Mitigation – has the same meaning as in NZS 6806.
Structural Mitigation (noise barriers and low-noise road surfaces)
ON2
The road-traffic noise mitigation measures identified as the ‘Selected Options’ in the Noise Assessment must
be implemented to achieve the Noise Criteria Categories indicated in the Noise Assessment (‘Identified
Categories’), where practicable and subject to Conditions ON3 to ON14.
ON3
Prior to construction of the Project, a suitably qualified acoustics specialist must undertake the detailed design
of the Structural Mitigation measures in the Selected Options (the ‘Detailed Mitigation Options’), which, subject
to Condition ON4, must include at least:
a) Noise barriers with location, length and height in general accordance with the Noise Assessment; and
b) Low-noise road surfaces with location in general accordance with the Noise Assessment.
ON4
If it is not practicable to implement a particular Structural Mitigation measure in the location or of the length or
height included in the Selected Options, a changed design can be included in the Detailed Mitigation Options if
either:
a) the changed design would result in the same Identified Category or Category B at all relevant PPFs, and a
suitably qualified person certifies to the Manager that the changed Structural Mitigation would be consistent
with adopting the BPO in accordance with NZS 6806; or
b) the changed design would result in the Identified Category changing from Category A or B to Category C at
any relevant PPF, and the Manager confirms that the changed Structural Mitigation would be consistent with
adopting the BPO in accordance with NZS 6806.
ON5
Prior to construction of the Project, a Noise Mitigation Plan written in accordance with NZTA P40 Noise
Specification 2014 must be provided to the Manager.
ON6
The Detailed Mitigation Options must be implemented prior to completion of construction of the Project, with
the exception of any low-noise road surfaces, which must be implemented within twelve months of completion
of construction.
ON7
Within twelve months of completion of construction of the Project, a post-construction review report written in
accordance with NZTA P40 Noise Specification 2014 must be provided to the Manager.
ON8
The Detailed Mitigation Options must be maintained so they retain their noise reduction performance as far as
practicable.
Building-Modification Mitigation
ON9
Prior to construction of the Project, a suitably qualified acoustics specialist must identify those PPFs which
following implementation of all the Detailed Mitigation Options will not be Noise Criteria Categories A or B and
where Building-Modification Mitigation might be required to achieve 40 dB LAeq(24h) inside habitable spaces
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(‘Category C Buildings’).
ON10
Prior to construction of the Project in the vicinity of each Category C Building, the Requiring Authority must
write to the owner of the Category C Building requesting entry to assess the noise reduction performance of
the existing building envelope. If the building owner agrees to entry within twelve months of the date of the
Requiring Authority’s letter, the Requiring Authority must instruct a suitably qualified acoustics specialist to visit
the building and assess the noise reduction performance of the existing building envelope.
ON11
For each Category C Building identified, the Requiring Authority is deemed to have complied with Condition
ON10 if:
a) The Requiring Authority’s acoustics specialist has visited the building; or
b) The building owner agreed to entry, but the Requiring Authority could not gain entry for some reason (such
as entry denied by a tenant); or
c) The building owner did not agree to entry within twelve months of the date of the Requiring Authority’s letter
sent in accordance with Condition ON10 (including where the owner did not respond within that period); or
d) The building owner cannot, after reasonable enquiry, be found prior to completion of construction of the
Project.
If any of (b) to (d) above apply to a Category C Building, the Requiring Authority is not required to implement
Building-Modification Mitigation to that building.
ON12
Subject to Condition ON11, within six months of the assessment required by Condition ON10, the Requiring
Authority must write to the owner of each Category C Building advising:
a) If Building-Modification Mitigation is required to achieve 40 dB LAeq(24h) inside habitable spaces; and
b) The options available for Building-Modification Mitigation to the building, if required; and
c) That the owner has three months to decide whether to accept Building-Modification Mitigation to the building
and to advise which option for Building-Modification Mitigation the owner prefers, if the Requiring Authority has
advised that more than one option is available.
ON13
Once an agreement on Building-Modification Mitigation is reached between the Requiring Authority and the
owner of a Category C Building, the mitigation must be implemented, including any third party authorisations
required, in a reasonable and practical timeframe agreed between the Requiring Authority and the owner.
ON14
Subject to Condition ON11, where Building-Modification Mitigation is required, the Requiring Authority is
deemed to have complied with Condition ON13 if:
a) The Requiring Authority has completed Building-Modification Mitigation to the building; or
b) An alternative agreement for mitigation is reached between the Requiring Authority and the building owner;
or
c) The building owner did not accept the Requiring Authority’s offer to implement Building-Modification
Mitigation within three months of the date of the Requiring Authority’s letter sent in accordance with Condition
ON12 (including where the owner did not respond within that period); or
d) The building owner cannot, after reasonable enquiry, be found prior to completion of construction of the
Project.
6.
CONSTRUCTION AIR QUALITY
The model consent conditions for managing construction air quality are presented in two forms:


High risk projects where it has been determined that there is a high risk that adverse odour, dust and/or fume
effects might be created during the construction phase
Medium/Low risk
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Guidance on the classification of high and low/medium risk projects is given in the Guide to assessing air quality impacts
from state highway projects, Version 2, December 2014, sections 6.4.2.- 6.4.4.
The conditions use the term “highly sensitive receiver” which is defined in table 6.2 of the Good Practice Guide for
Assessing Discharges to Air from Land Transport, Ministry for Environment, 2008. However specific project characteristics
may necessitate a modified definition. This is discussed further in the Guide to assessing air quality impacts from state
highway projects, Version 2 December 2014.
Construction – low/medium risk projects
The following model condition is intended for application to projects where it has been determined that there is a low or
medium risk that adverse odour, dust and/or fume effects might be created during the construction phase. This condition,
where appropriate can be added to the Management Plan conditions in section 2.
The Requiring Authority shall ensure that the Environmental and Social Management Plan includes
appropriate provisions to avoid, remedy or mitigate any adverse odour, dust and/or fume effects that
might be created during the construction phase.
ESMP- Air
The ESMP shall be prepared in accordance with Transport Agency’s Guideline for preparing an
Environmental and Social Management Plan [insert version and date] and in general accordance with the
guidance contained in the Good Practice Guide for Assessing and Managing the Environmental Effects
of Dust Emissions, Ministry for Environment, 2001 and the Good Practice Guide for Assessing and
Managing Odour, Ministry for Environment, 2003 and shall be implemented throughout the entire
construction period of the Project
Construction – high risk projects
These model conditions are structured around a Construction Air Quality Management Plan (CAQMP). This plan would be
part of the Projects ESMP and therefore listed as one of the sub-plans under condition MP1.
The conditions are intended for application to projects where it has been determined that there is a high risk that adverse
odour, dust and/or fume effects might be created during the construction phase.
Construction Air Quality Management Plan
The Requiring Authority shall implement a Construction Air Quality Management Plan (CAQMP)
throughout the entire construction period of the Project. The CAQMP shall describe the measures to be
adopted that, so far as practicable, seek to:
a. reduce the odour, dust or fumes arising as a result of the Project at any point beyond the designation
boundary that borders a highly sensitive receiver.
CAQ1
b. ensure that the 24-hour average concentration, measured midnight to midnight, of Total Suspended
Particulate (TSP) at any point beyond the designation boundary that borders a highly sensitive receiver
does not exceed 80 micrograms per cubic metre (μg/m³)
c. the CAQMP shall, as a minimum, address the following:
• description of the works, anticipated equipment/ processes and durations.
• periods of time when emissions of odour, dust or fumes might arise from construction
activities
• identification of air pollution sensitive land uses likely to be adversely affected by emissions
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of odour, dust or fumes from construction activities construction site exits used by trucks,
potentially including the use of vacuum sweeping, water sprays or wheel washes for trucks
• methods for mitigating odour that may arise from ground disturbing construction activities
• methods for maintaining and operating construction equipment and vehicles in order to
manage visual emissions of smoke from exhaust tailpipes
• methods for undertaking and reporting on the results of daily inspections of construction
activities that might give rise to odour, dust or fumes
• methods for monitoring and reporting on the state of air quality during construction, including
Total Suspended Particulate, wind speed, wind direction, air temperature and rainfall
• procedures for maintaining contact with stakeholders, notifying of proposed construction
activities and handling complaints about odour, dust or fumes
• construction operator training procedures
• contact numbers for key construction staff, staff responsible for managing air quality during
construction and council officers.
Advice Note
The CAQMP shall describe the methods that can be applied to achieve the standard in CAQ1b).
However there may be occasions where despite all practicable measures being adopted the specified
standard is not achieved.
Monitoring
Monitoring of Total Suspended Particulate (TSP) shall be undertaken:
a. using a continuous or gravimetric monitor with a maximum measurement time resolution of 24 hours
b. in general accordance with the Good Practice Guide for Air Quality Monitoring and Data
Management, Ministry for Environment, 2009
c. at sites adjacent to or beyond the designation boundary that border a highly sensitive receiver and
that, so far as practicable, comply with the requirements of AS/ 3580.1.1:2007 Method for Sampling
and Analysis of Ambient Air – Guide to Siting Air Monitoring Equipment
CAQ2
d. for between 6 weeks to 3 months at each monitoring site
e. between October and April inclusive during the construction phase of the Project.
Note: Period of monitoring should be determined by risk while allowing sufficient data to be captured to
provide meaningful statistics. Highly sensitive receivers are defined as a location where people or
surroundings may be particularly sensitive to the effects of air pollution.
Highly sensitive receivers are defined in table 6.2 of the Good Practice Guide for Assessing Discharges
to Air from Land Transport, Ministry for Environment, 2008 and include: hospitals, schools, childcare
facilities, rest homes, residential properties, marae, other cultural facilities, sensitive ecosystems,
certain horticultural land uses, open space used for recreation, as well as land used for tourist, cultural
and conservation land uses.
Monitoring of wind speed, wind direction, air temperature and rainfall shall be undertaken:
CAQ3
• in general accordance with the Good Practice Guide for Air Quality Monitoring and Data
Management, Ministry for Environment, 2009
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• at a minimum of one site continuously for the duration of the construction phase of the project
• at a site that is representative of the local weather conditions across the construction site.
7.
AIR QUALITY- OPERATION
These model conditions are structured around a programme of air quality monitoring to be undertaken after a state highway
asset improvement project has been fully opened to traffic. The purpose of the monitoring is to verify the predicted air
quality effects of the project made at the time of consenting.
They are divided into conditions covering:
• Operation- surface roads
• Operation – tunnels
The operation conditions for surface roads are designed for projects with significant air quality effects i.e. projects where the
air quality significance criteria are exceeded as determined through table 8 in section 6.4.2 of the Guide to assessing air
quality impacts from state highway projects, Version 2, December 2014, and confirmed through a detailed technical
assessment.
Surface roads
These model conditions are structured around a programme of air quality monitoring to be undertaken after a state highway
asset improvement project has been fully opened to traffic. The purpose of the monitoring is to verify the predicted air quality
effects of the project made at the time of consenting.
POST-PROJECT AMBIENTAIR QUALITY MONITORING
OAQ1
OAQ2
The NZ Transport Agency shall implement a programme of air quality monitoring for a minimum of [one]
year covering the period January to December inclusive following the opening of the Project to traffic.
Monitoring shall be undertaken:
a. at [insert number of sites] combined ambient air quality and meteorological monitoring station(s)
b. to measure the concentration of particulate matter (PM10) and nitrogen dioxide using methods that are
compliant with the National Environmental Standard for Air Quality 2004 (as amended 2011)
c. to measure wind speed, wind direction, air temperature and rainfall
d. in general accordance with the Good Practice Guide for Air Quality Monitoring and Data Management,
Ministry for Environment, 2009
e. at a site adjacent to or beyond the designation boundary that borders a highly sensitive receiver; that
has been selected by the Requiring Authority in consultation with the [Insert Name] Council and; which, so
far as practicable, complies with the requirements of AS/ 3580.1.1:2007.
Air quality monitoring results shall be:
a. compared and reported against the relevant National Environmental Standards for Air Quality, Ministry
for Environment Ambient Air Quality Guidelines and regional air quality targets
b. investigated to establish the cause of any exceedances of the relevant standards, guidelines or targets
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defined in Condition OAQ2a)
c. validated and reported each quarter (January to March, etc) and in a summary format for the full
monitoring period, to the [Insert Position Title] of [Insert Name] Council and on the Project website.
Note:
Highly sensitive receivers are defined as a location where people or surroundings may be particularly
sensitive to the effects of air pollution. Highly sensitive receivers are defined in table 6.2 of the Good
Practice Guide for Assessing Discharges to Air from Land Transport, Ministry for Environment, 2008 and
include: hospitals, schools, childcare facilities, rest homes, residential properties, marae, other cultural
facilities, sensitive ecosystems, certain horticultural land uses, open space used for recreation, as well as
land used for tourist, cultural and conservation land uses.
Tunnels
These conditions only apply to projects where it has been determined that there is likely to be a ‘significant’ air quality effect
caused by a project with a ‘high risk’ tunnel as determined through table 10, section 6.4.3 of the Guide to assessing air
quality impacts from state highway projects, Version 2, December 2014, and confirmed through a detailed technical
assessment).
The tunnel portal emission model condition OAQT1 reflects the requirements of the National Environmental Standard for
Nitrogen Dioxide (NO2) concentration in ambient air. NO2 is used as a ‘marker’ for transport-related air pollution (ie vehicle
emissions). If NO2 is managed appropriately around tunnel portals then levels of air pollutants caused by emissions from
vehicles using the tunnel are expected to be well within relevant criteria. The condition seeks to manage air pollution where
the risk of prolonged exposure to transport-related air pollution is likely to be greatest, i.e. at the boundary of the state
highway designation boundary and any highly sensitive air pollution land use.
The tunnel traffic operation plan model condition OAQT2 will typically be captured along with designation conditions that
seek to address the traffic effects of a project, consequently the provisions of the condition do not solely relate to air quality.
TUNNEL OPERATION
Portal Emissions
OAQT1
The tunnel ventilation system shall be designed and operated to ensure that any air emitted
from the tunnel portals does not cause the concentration of nitrogen dioxide (NO2) in ambient
air to exceed 200 micrograms per cubic metre (μg/m³). Expressed as a rolling 1 hour average,
at any point beyond the designation boundary that borders a highly sensitive receiver.
Tunnel Traffic Operation Plan
OAQT2
The Requiring Authority shall prepare a Tunnel Traffic Operation Plan that includes, but is not
limited to:
a. procedures for tunnel operational safety, including fire-life safety
b. procedures for maintenance requirements
c. procedures for managing traffic to avoid or minimise potential congestion within the tunnel,
particularly during peak periods
d. procedures for the management of traffic during incidents
e. procedures for the operation of tunnel fans and the management of portal emissions
f. confirmation that all equipment has been tested and operates in accordance with
requirements and specifications.
The Tunnel Traffic Operation Plan shall be completed prior to operational use of the tunnel.
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Note:
The operation and maintenance of the air quality monitoring equipment inside the tunnel shall
follow manufacturer’s recommendations.
8.
URBAN AND LANDSCAPE DESIGN
NZTAs Urban Design Standard (Bridging the Gap) requires that projects give effect to good urban design and landscape
outcomes. An Urban and Landscape Design Framework (UDL Framework) is to be prepared for large projects, complex
projects and projects in urban areas. The framework will typically include principles, guidelines, context analysis and broad
concepts. Urban Design and Landscape conditions generally form part of a notice of requirement for a designation.
Requirements for landscape design would generally be part of a resource consent application in relation to visual effects
and effects on natural character, and may span related fields such as ecological mitigation, stormwater management, and
heritage. The types of urban design and landscape design matters covered in the conditions will reflect the location of the
project (extent of urbanisation, geography, ecological significance, community context etc) and the procurement process
(i.e. the extent to which the design process has progressed at the time a NOR is submitted and whether or not the intention
is to have the outline plan requirement waived).
The urban design and landscape design features proposed, and their implementation methods should be sufficiently
resolved so that they can be effectively translated into recommended conditions. The conditions will need to provide the
details around how the principles, guidelines and context specific concepts in the ULD framework are to be developed
further and implemented. This is likely to involve a condition or conditions specifying a plan or plans to implement the ULDF
such as specific Management Plans or an Urban Design and Landscape Master Plans (UDLMP). These plans represent the
next level of design from the ULDF and therefore:
•
Develop design detail from the ULDF
•
Give effect to the consent requirements, stakeholder agreements, private landowner agreements and land
management/ NZTA property aspects
•
Detail implementation processes
•
Detail maintenance/ management requirements
•
Detail sign-off and quality control procedures
Note: In certain situations the title of the UDLMP may vary to emphasis the project context for example in hard urban areas
an “Urban Design Plan” may be used whereas for projects in open rural environments a “Landscape Management Plan”
may be more appropriate. Based on the above, the following suite of conditions relate to urban design or landscape and
cover such matters as:
•
A general outline of the proposed urban design and landscape works (eg by reference to the Urban and Landscape
Design Framework) or specific plans.
•
A condition requiring an urban and landscape design master plan to be submitted as part of the outline plan of
works. The condition(s) should outline the contents of such a plan and include sufficient information on the design
principles, standards and techniques to be incorporated.
•
In the case of landscape treatments in particular, site preparation, implementation techniques and maintenance
periods, performance criteria, monitoring and reporting procedures.
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•
Consultation with nominated stakeholders in the development of any design or management plans, or specific
features within the project (eg noise walls and barriers, bridge forms, threshold treatments, cycle path).
Note: If a landscape and visual assessment (LVA) has proposed a design feature that is relied upon for the LVAs
conclusions, this design feature should be clearly incorporated into the conditions.
The following generic urban and landscape design conditions should provide a foundation for conditions specific to each
project. The condition relating to a ULDMP will need to be adjusted depending on the scale and location of the project, and
any unique site/ project specific requirements.
Urban and Landscape Design
General
ULD1
Except as modified by the conditions below and subject to final design, the works shall be undertaken in
general accordance with the information provided at the hearing by the Requiring Authority (NZTA), the Notice
of requirement and supporting documents as follows:
(a) <<insert list of relevant supporting documents and plans>>
(b) Urban and Landscape Design Framework (ULDF) dated <<insert date>>
Plan Preparation
(a) An Outline Plan for the construction of any part of the Project shall include an [Urban and Landscape
Design Master Plan (ULDMP) / Urban Design Plan / Landscape Management Plan] for the relevant
part of the Project. The purpose of the [ULDMP is to integrate the Project’s permanent works into the
surrounding landscape and urban context and to illustrate the urban and landscape design elements
of the project].
(b) The [ULDMP] shall be prepared in consultation with:
[insert name of relevant stakeholders eg local authority, regional council, iwi, etc]
(c) This consultation shall commence at least 30 working days prior to submission of the Outline Plan.
Any comments and inputs received from the parties listed above shall be clearly documented within
the [management/Master] plan, along with clear explanation of where any comments have not been
incorporated and the reasons why.
(d) The [ULDMP] shall be prepared by suitably qualified persons, and shall give effect to:
o the landscape plans submitted with the applications numbered <<XX>>;
o the Project’s Urban and Landscape Design Framework (ULDF) (dated <<XX>>).
e) The [ULDMP] shall be prepared in accordance with:
o NZTA’s Urban Design Guidelines: Bridging the Gap (2013) or any subsequent updated
version;
o NZTA’s Landscape Guidelines [insert date and version]; and
o [insert other relevant guidance].
ULD2
User Note: The purpose of the plan (condition ULD2(a) will need to be modified according to project location
and details.
Plan Contents
ULD3
The ULDMP shall include but not be limited to the following:
a) Demonstration of how the design principles in the ULDF have been adhered to in the development of the
design concepts, including (but not limited to) principles for noise walls and barriers, walking and cycling
facilities and structures (including bridges, underpasses and associated retaining walls) which are
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identified in the ULDF as being in highly sensitive locations.
b) A concept design – this shall describe and illustrate the overall landscape and urban design concept, and
explain the rationale for the landscape and urban design proposals if different from the ULDF concepts;
c) Landscape and urban design details – these shall cover the following:
i)
Road design – elements such as earthworks contouring including cut and fill batters, benching,
and spoil disposal sites; median width and treatment; roadside width and treatment.
ii) Roadside elements – elements such as lighting, sign gantries and signage, guard rails, fences,
wire rope barriers, median barriers, etc.
iii) Architectural and landscape treatment of all major structures, including bridges, underpasses
and retaining walls.
iv) Architectural and landscape treatment of tunnels, portals and ancillary buildings.
v) Architectural and landscape treatment of noise walls and barriers.
vi) Land use re-instatement.
vii) Landscaping.
viii) Landscape treatment of permanent stormwater management ponds, wetlands and swales.
ix) Integration of passenger transport.
x) Pedestrian and cycle facilities including paths, road crossings and dedicated pedestrian/ cycle
bridges or underpasses;
xi) Consideration of:
›› Crime Prevention Through Environmental Design (CPTED) principles in urban
areas.
›› Maintenance requirements and anti-graffiti measures.
›› Protected viewshafts, character areas and protected heritage sites, structures or
features, as identified in the District Plan.
d. Planting Details – these shall include the following details:
i. Identification of vegetation to be retained, protection measures, and planting to be established
along cleared edges;
ii. Proposed planting including plant species, plant/grass mixes, spacing/densities, sizes (at the time
of planting) and layout and planting methods including trials;
iii. Planting programme – the staging of planting in relation to the construction programme which
shall, as far as practicable, include provision for planting within each planting season following
completion of works in each stage of the Project.
iv. Detailed specifications relating to (but not limited to) the following:
››Weed control and clearance;
›› Pest animal management;
›› Ground preparation (topsoiling and decompaction);
›› Mulching; and
›› Plant sourcing and planting, including hydroseeding and grassing.
v. A maintenance regime including monitoring and reporting requirements, which is to apply for the <<insert
years>> following that planting being undertaken.
vi. P39 Standard specification for Highway Landscape Treatments and performance standards
9.
SUITABLY QUALIFIED PERSONS
A number of the conditions refer to “suitably qualified” persons, certifiers or specialists. The following condition is suggested
as a general condition to assist with interpretation of these terms.
Suitably Qualified Persons
G1
NZ TRANSPORT AGENCY
Any reference to a suitably qualified person, certifier or specialists in these conditions shall mean
a person:
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a)
With a degree in relevant subject matters such as environmental science, chemistry,
biology, geology, engineering, urban design or landscape architecture.
b)
Who has at least eight years relevant experience
c)
With Membership or preferably Chartered / Certified status with a relevant professional
body (e.g. CPEng, CEnvP, MNZPI, etc) that includes a requirement to provide evidence of
continuing professional development or can provide evidence of continuing professional
development.
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