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Rule 18 Burn-off associated with land clearance

Rule 18 Burn-off associated with land clearance

Updated 3 July 2015 12:55pm

The discharge of contaminants into air in connection with burn-off associated with land clearance operations

is a Permitted Activity, provided it complies with the conditions below.


The person(s) responsible for the activity shall ensure that:

(i)all reasonable steps are taken to minimise the reduction in visibility in any adjacent amenity areas, roads, places of public assembly, or any place, area or feature of special significance to tangata whenua; and

(ii)all reasonable steps are taken to minimise adverse environmental effects on or beyond the boundary of the property by ensuring burning takes place at such a time, in such a location and in such conditions that allow this to be achieved.

Note : Please refer to the Regional Soil Plan for the Wellington Region for provisions relating to the actual clearance of land.

Explanation of Rules 18 and 19:Rules 18 and 19 relate to the discharge of contaminants to air from the combustion of materials most commonly carried out for waste management purposes.Rules 18 and 19 apply in all instances, regardless of whether the burning is undertaken in association with an industrial or trade process.

Rule 18 permits discharges to air resulting from burn-offs associated with land clearance operations, subject to compliance with the stated conditions.The Rule applies regardless of whether a field of stubble is being burnt or whether the material to be combusted has been heaped into piles for burning. Rule 18 applies both in urban and rural areas.

Rule 19 relates to discharges of contaminants to air from the burning of combustible matter, whether or not an activity is a permitted under other Rules in this Plan.Rule 19 makes such discharges a permitted activity, but lists processes that are excluded and therefore require a resource consent under Rule 23.

Individuals or organisations wanting to dispose of any of those substances or materials explicitly excluded from the Rule must either recycle these materials or dispose of them to an approved landfill or other approved hazardous waste management facility (i.e., a facility which already holds the appropriate consents).Alternatively, an application for resource consent can be made to the Council to burn such material.Rule 19 does not control discharges from mobile transport sources.

For activity (1), i.e., the on-farm burning of empty plastic agrichemical containers, the Council will accept as compliance with condition (ii), burning practices undertaken in accordance with the guidelines included in Appendix 4. Appendix 4 is sourced from the British Agrichemical Association’s guidelines for agrichemical container incineration (BAA, 1998), and from the Agrichemical Users’ Code of Practice (New Zealand Standard 8409:1995). The Appendix describes the triple rinsing procedure and provides a design for appropriate burning apparatus. It also provides other good practice guidelines to ensure sae burning and minimal adverse effects.

Plastic agrichemical containers composed of High Density Polyethylene may be labelled with a recycling triangle () with 2 inside it.These plastics can be burned under activity clause (1).Containers labelled with a recycling triangle () with 1 or 3 inside it are made from plastics that contain halogens.Burning of plastics that contain halogens is not allowed under this rule. While the Council supports reuse and/or recycling of plastics, used agrichemical containers cannot currently be recycled or reused for another purpose, because of potential adverse effects of residual agrichemicals.

Note that Rule 19 does not address the disposal of unused agrichemicals.Refer to the Agrichemical Users’ Code of Practice (NZS 8409: [ 1999 ] ), or seek advice from chemical suppliers and local district or city councils before disposing of any excess agrichemicals.