Resource Consents allow the use of natural resources (water, air and land). While many farming activities have very little environmental effect, and may be undertaken without a resource consent, there are activities that require resource consent. By way of example, resource consents are required to:
- Take, use, dam or divert water
- Discharge contaminants on to or into land, air or water
- Erect, use or disturb structures in, on, under or over river or lake beds
- Install groundwater bores or wells
Transferability of Resource Consents
Example: Farmer Clough from Opunake was granted a resource consent in 2004 by the Taranaki Regional Council to take water (for irrigation purposes) from the river running through his farm. After 50 years of farming, Farmer Clough decides it is time to sell the farm, retire, and move to New Plymouth. He places the farm on the market. A few weeks later an interested purchaser inspects the farm and makes inquiries with the agent as to whether Farmer Clough has a resource consent to take water from the river and, if so, whether it is transferable.
Question: Is Farmer Clough's resource consent for the water take transferable?
Answer: Farmer Clough can transfer the resource consent for the water take to the purchaser pursuant to the Resource Management Act. The fee to transfer the resource consent is currently $50 plus GST. It is up to Farmer Clough and the purchaser to negotiate who pays the fee, however, it is generally the purchaser who will be responsible for payment of the fee as it is he who requires the resource consent. Ideally, the transfer of the resource consent and the payment of the fee should be dealt with in the sale and purchase agreement.
In order to transfer the resource consent from Farmer Clough to the purchaser, a notice of transfer of consent must be completed and signed by Farmer Clough and the purchaser. This form would usually be handed over to the purchaser's lawyer on the settlement date.
The sale and purchase agreement should also deal with other resource consents that are attached to Farmer Clough's property (e.g. farm bridges, culverts etc).
Purchaser wanting to make enquiries about resource consents
If a purchaser wants to find out more information about a resource consent attached to a property, he or she should contact the district council and the Taranaki Regional Council. To make such an inquiry the purchaser will need to supply the following information:
- Farm dairy number
- Consent number (if known)
- Current farm owner
- Location of property
- Legal description of property
It is important for a purchaser to check whether a resource consent meets his or her requirements and when it expires.