Process focus: the NES for Assessing and Managing Contaminants in Soil to Protect Human Health
The National Environment Standard (NES) provides a nationally consistent set of planning controls and soil contaminant values to ensure that land affected or potentially affected by contaminants in soil is appropriately identified and assessed before soil disturbance and/or land developments take place. If necessary it also ensures that the land is remediated or the contaminants are contained to make the land safe for human use.
What does it apply to?
It can apply to proposals which involve building consents, resource consents and/or permitted activities (i.e. activities that don’t require resource consent).
The NES applies if both of the following bullet points are met:
- The proposal includes one of the following five activities listed in Regulation 5 of the NES
- Soil disturbance
- Change in land use
- Subdivision of land in a way that causes the piece of land to stop being production land
- Removing or replacing an underground fuel storage system
- Soil sampling
2. A HAIL* activity is, has or is more likely than not to have occurred on the subject site.
Not sure if your proposal falls under one of the five activities?
Please contact the Duty Planner on 07 824 8633.
What is a HAIL activity?
* The HAIL is a list of activities or industries that have the potential to contaminate the land they are undertaken on. The NES defines a ‘HAIL’ activity as “the current edition of the Hazardous Activities and Industries List, Wellington, Ministry for the Environment” This can be found on the Ministry for the Environment Website (www.mfe.govt.nz).
An assessment under Regulation 6 of the NES is needed to determine whether a HAIL activity has occurred.
How do I establish whether a HAIL activity has occurred on the subject site?
Regulation 6 of the NES specifies that an applicant must establish if any HAIL activities has occurred on the subject site. The applicant can do this by adopting one of two methodologies:
- Review of all relevant council records including dangerous goods files, property files, registers, databases, resource consent databases, records available from Regional Council;
- Preliminary Site Investigation undertaken by a suitably qualified and experienced practitioner in accordance with the current Ministry for the Environment’s Contaminated Land Management Guidelines No. 1 Reporting on Contaminated Sites in New Zealand.
We offer a HAIL reporting service to meet the requirements of Regulation 6(2)(a) if required. Click here for more information on Hail reports.
There is a 10 working day turnaround for this report. The current fee for a HAIL report is $90.
Where it has been identified that a HAIL activity is being undertaken, has been undertaken or is more likely than not to have been undertaken on the land, the following reports may also be required:
- Preliminary Site Investigation Report (PSI)
- Detailed Site Investigation Report (SIR)
- Site Remedial Action Plan (RAP)
- Site Validation Report (SVR)
- Ongoing Monitoring and Management Plan (MMP)
All reports must be prepared by a suitably qualified and experienced practitioner in accordance with the current edition of the Ministry for the Environment Contaminated Land Management Guidelines No. 1, Reporting on Contaminated Sites in New Zealand.
If it has been identified that a HAIL activity is associated with the site, for further advice, please contact Hollie Griffith (Contaminated Land Specialist) or Alan Parkes (Environmental Health Team Leader).