NAQP 3 November 2008 amendments

Resolution of appeals and operative reprint

Following the Environment Court’s decision on Genera Ltd’s appeal on the fumigation rule, the following pages were amended.

Amended pages in Nelson Air Quality Plan
Page Topic Rule
A2-6 Meaning of words A2-24B
A2-6 Meaning of words A2-24C
A2-7 Meaning of words A2-33A
A2-9 Meaning of words A2-39A
A2-13 Meaning of words A2-67AA
A2-14 Meaning of words A2-68A
A2-14 Meaning of words A2-69A
A2-19 Meaning of words Figure A2.3
A6-44 Fumigation AQr.41
A6-45 Fumigation AQr.41
A2-46 Fumigation AQr.41
A6-47 Fumigation AQr.41

Operative reprint

Following Council’s resolution to make the Nelson Air Quality Plan operative on 3 November 2008, a complete reprint of the Plan has been undertaken and replacement pages distributed to subscribers.

For more information or to request a copy of this reprint, please contact the Planning Assistant, Environmental Policy on +64 3 546 0388.

A summarised timeline of the Nelson Air Quality Plan’s development through to its operative status follows:

Summarised timeline of plan development
Date Event
Nov 2001 Air Quality Working Party is formed
Nov 2002 ‘Clearing the Air’ discussion document is released
23 Aug 2003 Proposed Nelson Air Quality Plan is publicly notified
Feb 2004 Submissions close: 120 submissions are received followed by 45 further submissions
Sep 2004 Government issues National Environmental Standards for Air Quality
Oct 2004 Variations 2004/01 to 2004/09 to the proposed Plan are publicly notified
Nov 2004 Submissions close: 18 submissions to the variations are received followed by 6 further submissions
Apr 2005 A hearing is held to consider the submissions and further submissions made to the Proposed Air Quality Plan and to Variations 2004/01 to 2004/09
24 Sep 2005 Decisions on submissions are publicly notified: five appeals are lodged with the Environment Court (four were resolved by negotiation and one, from Genera Ltd regarding the fumigation rule, required an Environment Court hearing [November 2007])
12 May 2007 Five more variations to the Proposed Air Quality Plan are publicly notified (Variations 07/02 to 07/06). Two submissions are received on Variations 07/02 and 07/05 (no submissions received on 07/03, 07/04 or 07/06), there are no further submissions.  No hearing was required.
20 Dec 2007 Council adopts staff recommendations regarding submissions on Variations 07/02 and 07/05.
22 Dec Council’s decisions regarding Variations 07/02 and 07/05 are publicly notified.  No appeals on these variations were lodged.
Nov 2007 Environment Court hearing held regarding the appeal on fumigation rule by Genera Ltd
Jan 2008 An interim decision on the Genera Ltd appeal is released by the Environment Court
Mar 2008 The appeal from Solid Energy Ltd is resolved by negotiation
10 Jun 2008  The Environment Court’s final decision on the Genera appeal is released
2 Oct 2008 Council resolves to make the Proposed Nelson Air Quality Plan operative
3 Nov 2008 Nelson Air Quality Plan becomes operative

Additional information

For all information regarding the Nelson Air Quality Plan please call into the

Council Offices
Planning Counter
Ground Floor
110 Trafalgar St

or call the Planning Assistant, Environmental Policy on +64 3 546 0388.