The Hazardous Activities and Industries List (HAIL), published recently by the Ministry for the Environment, identifies activities and industries that are considered likely to cause land contamination resulting from hazardous substance use (particularly where they have escaped safe storage, were disposed of on site or were lost to the environment through their use).

The HAIL groups similar activities and industries together. Where a site (or more accurately, a piece of land) is identified as having contained activities or industries on the HAIL, the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS) are applicable.

The NESCS allows for certain activities to be carried out as permitted activities on HAIL sites, subject to compliance with certain conditions. These permitted activities are listed as follows:

• removal or replacement of fuel storage systems and associated soil, and associated subsurface soil sampling
• soil sampling
• small-scale (no greater than 25 cubic metres per 500 square metres of affected land) and temporary soil disturbance activities (no more than two months’ duration)
• subdividing land or changing land use where a preliminary investigation shows it is highly unlikely the proposed new use will pose a risk to human health

When one of the above activities cannot comply with all permitted activity requirements, a resource consent is necessary under the NESCS. In terms of the need for resource consent, one of the more regular triggers is that of soil disturbance.

Any soil disturbance on HAIL site must comply with permitted activity requirements to avoid the need for resource consent. This can be anything from earthworks needed to create a building platform to soil disturbance resulting from the demolition of building foundations. 

If a site is identified on the Council’s records as being on the HAIL, compliance with the NESCS must be confirmed. This should occur at either building consent or resource consent stage, if required. Otherwise, land owners should seek advice from the Council as to HAIL status, prior to any work commencing.

There are also sites that might not be identified on the Council’s records as containing or having contained HAIL activities or industries, but have, and might still. These are also subject to the NESCS and the Council can provide advice as to the methods available for determining the HAIL status of a site. 

The HAIL status must be determined wherever soil sampling, soil disturbance, subdividing or the changing of the use of a site is taking place. The presence of fuel storage systems is an identified HAIL activity in its own right.

For more information, please contact the Council’s Resource Consents Public Enquiries Counter for assistance, either by calling 03 477 4000 or emailing planning@dcc.govt.nz.

Please note, that resource consent may also be required from the Otago Regional Council for the disturbance of a contaminated site.