Rule 23 General rule (discretionary activities)
The discharge of contaminants into air from:
(1) any process or activity explicitly excluded from Rules 1-22; or
(2) any process or activity covered by Rules 1-22, but which does not meet the conditions attached to those rules; or
(3) any process or activity on an industrial or trade premises not covered by Rules 1-22;
is a Discretionary Activity.
Explanation: Rule 23 details the instances in which processes involving the discharge of contaminants to air are discretionary activities. This includes instances where processes or activities relating to the discharge of contaminants into the air, regardless of whether or not from an industrial or trade premises, are explicitly excluded from Rules 1-22. Furthermore, any process or activity covered by Rules 1-22 but which does not meet the specified conditions, also requires a resource consent.
Finally, Rule 23 also covers all processes or activities undertaken on an industrial or trade premises but which are not covered by Rules 1-22. Non-industrial and non-trade processes, such as processes undertaken on domestic premises, that are not covered by Rules 1-22, are allowed as of right, as specified under section 15(2) of the Act. These activities are permitted unconditionally. No resource consents are required and there are no conditions.