Determining the extent of any environmental effect is fundamental to deciding whether an application is to be publicly notified or be processed as a limited notification. Effects on a person or group are also considered when deciding to notify or limited notify an application.
When making a decision on an application, a more comprehensive effects-based assessment is undertaken to help determine if it’s appropriate. This assessment criteria is set out under section 104 of the RMA and depending on the activity, under section 105 which deals with discharge permits, coastal permits, reclamations; section 106 which deals with subdivisions and section 107 which also deals with discharge permits.
When determining the extent of the effects, it is good practice to think about the level of effects along a continuum to ensure that each has been considered consistently and in turn cumulatively. This continuum may include the following effects:
- Nil effects - No effects at all
- Less than minor effects - Effects that are discernible day-to-day effects, but too small to affect other persons.
- Minor effects - Effects that are noticeable but will not cause any significant impacts.
- More than minor effects - Effects that are noticeable that may cause an adverse impact but could be potentially mitigated or remedied.
- Significant effects that could be remedied or mitigated - An effect that is noticeable and will have a serious impact on the environment but could potentially be mitigated or remedied.
- Unacceptable effects - Extensive adverse effects that cannot be avoided, remedied or mitigated.
Some councils use a similar scale to assess effects based on rating the extent of the effect with a number. Either approach to scale the significance of effects could prove helpful provided there is some guidance on how to apply the scales to different types of activities.
After consultation has occurred applicants may then want to consider whether they should either modify the proposal or introduce measures to reduce the effects. This is what is often referred to as avoiding, remedying or mitigating effects.