Environmental Science and Policy Committee Briefing

19 March 2024

AGENDA

Part I

• Purpose of Today

• Recap on Process

• Clause 3 Consultation

• Internal Review

Part II

• Overview of the Key Issues Raised in Feedback and Internal Review

  • Overview of feedback received

  • Substantial changes recommended or council input requested

Pre-Notification Consultation

Consultation Period (10 January – 23 February 2024)

Consulted parties:

• Ministers and Government agencies

• Takata whenua

• District councils

• Neighbouring regional councils

• Industry/sector groups

• Energy companies

• Environmental groups

Review of Clause 3 Pre-Notification Consultation Draft

• Period: January – February 2024

• Reviewed by: Science, regulatory, and engineering teams, and Councillors

Key Themes in Feedback Received

General Feedback on IM, LF, MW, and Other Aspects of the LWRP

• Importance of non-regulatory methods & implementation framework

• Notification timeframe (some requested a delay, others support notification by end of June 2024)

• Request for more involvement in Clause 3 consultation process

• More time needed for feedback, desire for more robust science for limit-setting

• Some stakeholders concerned about reliance on Te Mana o te Wai due to potential government changes

• Differing views on iwi involvement (efficiency vs. cost concerns)

• Requests for better integration of strategic direction into one package

Compliance and Mixing Zones

• Concerns raised about health/safety considerations for mixing zones

• Opposition to use of mixing zones due to lower environmental standards

• Need for policy direction on mixing zones in consents

Consent Duration

• Mixed feedback:

  • Some support reducing consent terms for flexibility

  • Others favor long-term certainty for investment

• Internal feedback: Without clear direction, consent officers must justify deviations from the RMA's 35-year default

• Recommendation: Retain core policy of 10-year consent terms with exceptions

Other Discharges

• General support for reducing discharges to improve water quality

• Agrichemical discharges:

  • Mostly supportive of some level of controls

  • Requests for a defined pathway for pest management activities

• Suggested amendments to allow agrichemical discharges for pest control within a 20m water body setback

Waste and Wastewater Management

• General support for the approach

• Requests for clarity on green waste and composting activities

• Need for stronger contaminated land management policies

• Concerns about unintended consequences of wastewater discharge prohibitions

• Issues with definitions of "available wastewater network" and "biosolids"

Earthworks

• Concerns about permitted activity rules and erosion control requirements

• Requests for:

  • Permitted pathway for essential erosion/sediment control measures

  • Greater regulation of earthworks on slopes >10 degrees

  • Clearer provisions for irrigation race maintenance

Stormwater Management

• Cross-connections between wastewater and stormwater identified as an issue

• Need for stronger rules for stormwater discharges into scheduled drains

Primary Production - Farming

• Mixed views:

  • Some support flexibility in stock exclusion and Freshwater Farm Plans (FWFPs)

  • Others argue the plan is not stringent enough to prevent degradation

  • Some oppose land use consent requirements for dairy farming

  • Varied opinions on fertiliser restrictions and land use intensification limits

Wetlands Protection

• Debate on vehicle access to natural inland wetlands

• Options proposed:

  • Add vehicle access controls similar to riverbed regulations

  • Maintain current situation (no specific vehicle controls)

• Request to map wetlands for greater clarity

Climate Change & Resilience

• Strengthening direction on climate change considerations

• Calls for a more permissive framework for flood protection and drainage management

• Emphasis on managed retreat and adaptation strategies

Hydroelectricity Generation

• Requests for a streamlined consent pathway for maintenance of significant hydro schemes

• Support for minor amendments to improve small-scale renewable energy provisions

Environmental Flow & Water Quantity

• Conflicting views on:

  • Over-allocation phase-out speed

  • Minimum flow and take limits

  • Flexibility in site-specific flow adjustments

• Internal concern over Clutha Mata-au minimum flow settings

• Recommendation to revise take limits for Waikouaiti River

Damming and Diversion

• Some consider policies too lenient, others too restrictive

• Need for better recognition of fish spawning and taoka species

• Calls for clearer diversion rules to control scale and timing of activities

FMU and Rohe-Specific Provisions

• General support for environmental objectives

• Requests for new or reworded objectives in specific FMUs

• Debate on FMU-specific rules regarding setbacks and activity status

• Calls for stricter groundwater limits and expanded monitoring sites

Conclusion

This briefing covered significant feedback themes regarding the Draft Land & Water Regional Plan, highlighting areas requiring amendments, additional guidance, or policy direction.