Proposed Air Quality Plan 28 April 2008 amendments

Completed Variations to the Proposed Air Quality

Five Variations to the Nelson Air Quality Plan were notified for public submissions on 12 May 2007 (Variations 07/02, 07/03, 07/04, 07/05 and 07/06). Submissions closed 15 June 2007 and two submissions were lodged on Variations 07/02 and 07/05 (no submissions were received on 07/03, 07/04 or 07/06 so no further consultation is required). 

Further submissions on 07/02 and 07/05 closed 7 September 2007, no further submissions were received. Council staff made recommendations regarding these submissions which were adopted by Council on 20 December 2007 and Council’s decisions were publicly advertised on Saturday 22 December. The two submitters had an opportunity to appeal Council’s decision by 4 March 2008, but no appeals were lodged. Download the summary of submissions (27KB PDF)

Here's what the variations cover:

Variation 07/02

Consists of minor wording changes to the definition of ‘lawfully approved’. This is to simplify the process by which a burner or open fire that has not been lawfully installed may be authenticated, thereby clearing the way for it to be replaced with a ‘clean air’ approved burner.

Variation 07/03

A minor change to the definition of ‘urban area’ so as to remove the different treatment for land added to the urban area by privately-initiated plan changes, compared to land added by a council plan change.

Variation 07/04

Relates to application of agrichemicals. It involves the addition of a definition of ‘small-scale application’ and minor wording changes to the agrichemical rules to distinguish the control of domestic-scale use from larger scale applications.

Variation 07/05

Adds wording to rule AQr.25 to clarify that where burners face existing mandatory phase-out dates in rule AQr.24, if a replacement burner is to be installed, it needs to be done ahead of that phase-out date (as is the case for open fires).

Variation 07/06

Adds words to the definition of ‘operable’ and to rule AQr.21 to clarify that inoperable open fireplaces cannot be re-commissioned.

Obtaining a copy of the variations

Copies of the Variations, singly or as a group, can be obtained from the Planning Counter at

Nelson City Council
Ground Floor
110 Trafalgar St

or by phoning the Planning Assistant at +64 3 546 0388, or email the Planning Assistant to get copies of the Air Quality Plan Variations.

A copy of the ‘Section 32 Evaluation’ report is similarly available.

Copies of the Variations and the Section 32 Report are also available for viewing at the Nelson Public Libraries.


Download the original air quality variations (65KB PDF).

Download the Section 32 report (42KB PDF).

Replacement pages for the air quality plan

If you hold a copy of the Nelson Air Quality Plan, but have not registered to receive updates, please contact the planning assistant on +64 3 546 0388 or email the Planning Assistant to request a set of replacement pages.

Additional information

For information on matters covered in the Variations, or on the submission process, please call into the Council Offices, Planning Counter, Ground Floor, 110 Trafalgar St, or call +64 3 546 0432 or +64 3 546 0388.