Environment and Social Issues RMA Flashcards
Definition of Environment
Environment includes
- ecosystems and their constituent parts, including people and communities
- all natural and physical resources
- amenity values
- the social, economic, aesthetic, and cultural conditions which affect the matters stated in the above points or which are affected by those matters
Role of Plans
- Regional and District Plans prepared in accordance with the RMA
- Must give effect to the purpose of the act
- Provide an opportunity for community engagement into the planning process
Hierarchy of Plans
1) National Policy Statements - matters of national significance (e.g. fresh water and renewable energy
2) National Environmental Standard - opportunity for central Govt to promote consistent standards
3) Regional Policy Statements - Direction and framework aimed at regions RM issues
4) Regional Plans - cover issues within the functions of the RC e.g. water quality and quantity
5) District Plans - assist DC to carry out their functions under the RMA e.g. land use zoning
Regional Plan Rules (Land and Water Regional Plan)
Discharges including:
- stormwater, wastewater, air emissions, industrial and trade wastes
Water takes including:
- groundwater abstraction for potable use, surface water abstraction, and diversions of surface water
Land use:
- waste management, excavations
National Environment Standards
The National Environmental Standard for the Management and protection of human health from contaminated sites requires the TLAs tot manage the disturbance of potentially contaminated soil from a human health perspective. Also the NES for sources of human drinking water requires TLAs to do more with respect to providing a high quality drinking water supply, protecting the source, and working with RC to ensure the quality of water is protected
Contaminated Land Management
Factors that have increased publicity/accelerated process
- Christchurch earthquakes and subsequent land/building repairs
- Implementation of National Environmental Standard for assessing and managing contaminants in soil to protect human health
Designations
Land which is designated for a certain purpose will be shown in the district plans. Will not require land use consent, as designation addresses land use effects at the time it is considered.
Project Information Memorandum (PIM)
A PIM is a report issued by councils under the Building Act to help decide whether your planning and building project is possible and practical. Ideally, you should apply for a PIM at an early stage: before applying for a resource consent or a building consent.
Land Information Memorandum (LIM)
Contains detailed information relating to any specific parcel of land.
- Issued by direct council
- Includes existing building and resource consents
- Includes geotechnical information (e.g. liquefaction potential)
- Flooding risk
- Contaminated Site information
Listed Land Use Register (LLUR) Categories
Verified vs Unverified HAIL
- not investigated
- at or below background concentrations
- below guideline values
- managed for
- partially investigated
- significant adverse environmental effect (water or sediment)
- contaminated (land)
Verified non-HAIL
Consents - When are they required
- If not permitted by a plan then in general terms a consent must be obtained
- Allow consideration of one-off projects
- Allows new, innovative approaches
- Requires detailed analysis of effects of each project
- Based on first-in, first-served principals
Types of activities
- Permitted: no consent needed
- Controlled: can’t be turned down but conditions may be imposed
- Restricted: may be turned down
- Discretionary: may be turned down
- Non complying: may be turned down
- Prohibited: no consent is allowed
Type of Consent
Land-use
- Regional council and/or district and city councils
- e.g. erect a building
Subdivision
- District and city councils
- e.g. divide property into two or more titles
Coastal Permit
- Regional council
- e.g. Discharge storm water into coastal waters
Water Permit
- Regional council
- e.g. Take water from a stream or ground water for irrigation
Discharge permit
- Regional council
- e.g. discharge contaminant or water into water/air/land
Granting of Consents
- 20 working days to process
- 5 working days to accept
- Has ability to request additional information
- Must notify the consent application unless satisfied effects are not more than minor
- Must consider mitigation proposed to offset effects
- Must consider alternatives for discharges
Engineering Involvement
- Natural Resources Engineering behind development of District Plan or National Policy Statements
- Submission on District Plans on behalf of developers
- Expert evidence and testimony at Council, Environmental Court or Boards of Enquiry
- Knowledge of RMA principles
