ORCOmnibusPlanChange-PlanChange8SubmissionReferenceno:82RoyalForestandBirdProtectionSocietyofNewZealandInc(SueMaturin)Box6230Dunedin9012NewZealandPh:0212225092s.maturin@forestandbird.org.nzSubmitterType: NotspecifiedSource: Email

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From: Sue Maturin <s.maturin@forestandbird.org.nz>Sent: Monday, 17 August 2020 4:32 pmTo: ORCplanchanges; Policy ReplySubject: Re: Forest and Bird Submissions to ORC Plan Change 1 and Plan Change 8 Attachments: Forest_and_Bird ORC PC1 (omnibus).pdf; Forest_and_Bird ORC PC8 (omnibus).pdf

Please find attached copies of Forest and Bird's submissions to Plan Change 1 and Plan Change 8. Forest and Bird has earlier submitted on Plan Change 7. My previous email bounced the attachments. Yours sincerely Sue Maturin Regional Manager Otago Southland Royal Forest and Bird Protection Society of New Zealand PO Box 6230 Dunedin M 021 222 5092

From: Sue Maturin <s.maturin@forestandbird.org.nz> Sent: Monday, August 17, 2020 4:28 PM To: ORCplanchanges@epa.govt.nz <ORCplanchanges@epa.govt.nz>; Policy Reply <Policy@orc.govt.nz> Subject: Forest and Bird Submissions to ORC Plan Change 1 and Plan Change 8 Please find attached copies of Forest and Bird's submissions to Plan Change 1 and Plan Change 8. Forest and Bird has earlier submitted on Plan Change 7. Yours sincerely Sue Maturin Regional Manager Otago Southland Royal Forest and Bird Protection Society of New Zealand PO Box 6230 Dunedin M 021 222 5092

Submission on the Otago Regional Council Omnibus Plan Change – Plan Change 8 (Water Quality) to the Regional Plan: Water for Otago

17 August 2020

To: Environmental Protection Authority

ORC Proposed Plan Changes

By email to: ORCplanchanges@epa.govt.nz

Copy to: Policy@orc.govt.nz

From: Royal Forest and Bird Protection Society of New Zealand Inc (Forest & Bird) Box 6230 Dunedin 9012 Attention: Sue Maturin Contact for service: Sue Maturin Email: s.maturin@forestandbird.org.nz Telephone: 021 2225092

This is a submission on a matter in relation to which the Minister for the Environment made a direction under section 142(2) of the Resource Management Act 1991. The matter is Water Plan Change 8, part of the Omnibus Plan Change prepared by the Otago Regional Council.

Forest & Bird could not gain an advantage in trade competition through this submission.

Forest & Bird is submitting on the whole plan change as set out in paragraph 3 below and specifically on provisions as set out in the table below.

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Forest & Bird seeks that the Environment Court approves Plan Change 8 with amendments.

Forest & Bird wishes to be heard in support of this submission, and would be prepared to consider presenting this submission in a joint case with others making a similar submission at any hearing.

Introduction

1. The Royal Forest & Bird Protection Society of New Zealand has been Aotearoa New Zealand’s independent voice for nature since

1923. Forest & Bird’s constitutional purpose is:

a. To take all reasonable steps within the power of the Society for the preservation and protection of the indigenous flora

and fauna and the natural features of New Zealand.

2. Forest & Bird is actively involved in national and regional planning processes relating to freshwater, coastal environments and biodiversity across Aotearoa New Zealand. In addition, we have over 100,000 members and supporters who are passionate about freshwater protection.

General Submissions

3. Forest and Bird generally supports the provisions as a step towards more sustainable management of water quality in Otago and seek

that they be retained as proposed where they are generally consistent with the RMA, and the new NPS Freshwater, NES Freshwater

Regulations 2020 and RM Stock Exclusion Regulations 2020 and will result in maintaining water quality or improving degraded water

quality.

4 Forest and Bird seeks specific changes for all the provisions considered in the table below to ensure that they are consistent with the

RMA, the new NPS Freshwater, NES Freshwater Regulations 2020 and RM Stock Exclusion Regulations 2020 and give effect to the

Regional Policy Statement. Policies are needed to provide guidance to decision makers regarding the above regulations which in effect

provide rules that will come into effect in September 2020.

Specific Submissions

Provision Topic Forest and Bird’s reasons Relief Sought/Amendment

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Part A Discharge Policies

7.C.5 Discharge human sewage

Support in a part. Significant adverse effects on water quality, aquatic ecosystems, public health and recreational use from the discharge of storm water should be avoided. All other adverse effects should be avoided as far as practicable taking into account the values of freshwater bodies and to meet the objectives of the water plan and NPS FM. Relying on a minimization approach is uncertain as this may be interpreted with respect to the feasibility for an activity to minimise rather than taking actions to avoid, remedy or mitigate adverse effects. The policy needs amending to achieve the objectives for maintaining water quality or improving degraded water quality.

Avoid significant Minimise the adverse environmental effects and avoid where practicable or minimize other adverse effects of discharges with respect to discharges from any new storm water reticulation system, or any extension to an existing storm water reticulation system by requiring: (a) The separation of sewage and storm water; and (b) Measures to prevent contamination of the receiving environment by industrial or trade waste; and (c) Measures to avoid, remedy and mitigate and minimise the presence of debris, sediments and nutrients runoff, including the The use of techniques to trap debris, sediments and nutrients present in runoff.

7.C.6 Existing storm water Support in part as agree that a key issue is the separation of sewage from storm water, however a time frame for achievement is necessary so that all storm water discharges are avoiding adverse environmental and health effects as soon as possible.

7.C.6 Progressively Rreduce the adverse environmental effects and avoid increasing cumulative adverse effects from existing storm water reticulation systems by: (a) Requiring the progressive upgrade of storm water reticulation systems to minimise the volume of sewage entering the system and the frequency and volume of sewage overflows; and (b) Promoting the progressive upgrading of the quality of water discharged from existing storm water reticulation systems, including through: (i) The separation of sewage and storm water; and (ii) Measures to prevent contamination of the

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receiving environment by industrial or trade waste; and.. (iii) Measures to prevent the presence of debris, sediments and nutrients in runoff through the use of techniques to trap debris, sediments and nutrients present in runoff.; and (iv) Measures to filter reduce or prevent runoff being discharged during rain events.

7.C.12 Human sewage from reticulated systems

Support in part. The required industry standards need to be specified as these can be at varying levels. There is also a need to require contingency measures in the event of system failures. These may already be required under 7C8 however that refers to hazardous substance facilities and on plain reading it is not clear it covers sewage and storm water facilities. New systems should be designed to avoid rather than reduce adverse effects.

7.C.12 Reduce the adverse effects of existing discharges of human sewage from reticulated wastewater systems, and avoid adverse effects of discharges from new reticulated systems by: (a) Requiring reticulated wastewater systems to be designed, operated, maintained and monitored in accordance with recognised industry standards; and (b) Requiring the implementation of measures to: (i) Progressively reduce the frequency and volume of wet weather overflows; and (ii) Minimise the likelihood of dry weather overflows occurring; and (c) the implementation of contingency measures to minimise the risk of a discharge from a wastewater reticulation system to surface water in the event of a system failure or overloading of the system beyond its design capacity; and (d) Preferring discharges to land over discharges to water, unless adverse effects associated with a discharge to land are greater than a discharge to water; and (d)(e) Having particular regard to any adverse effects on cultural values.

7. D.5. Discharges water and contaminants

Support in part. In addition to the listed matters consideration also needs to be given to sustaining the

Amend the policy to apply all 5 biophysical components of ecosystem health identified in

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health of all 5 biophysical components listed in the NPS FM 2020, as well as Mahinga kai and threatened species.

Appendix 1A of the NPS FM 2020.

7.D.6 Discharges of nitrogen Support in part. The policy also needs to provide direction to reduce consent duration to no more than 5 years to coincide with the notification of the proposed Land and Water Plan.

Amend to Reduce the consent duration to no more than 5 years to coincide with the Land and Water Plan.

Part B Animal waste storage and application

7.D.7 Discharges from animal waste systems

Support with the addition of ensuring that animal waste systems can be managed so that any discharges on to land, including where it may enter water, won’t exceed the natural capacity of the soil to store, treat or remove the contaminant. The policy direction to avoid the discharge of animal wastes to water bodies, artificial watercourses, and the coastal marine area and to saturated land is appropriate. However this would benefit from the addition of critical source areas. Forest and Bird considers that discharges of animal waste from aquaculture requires discretionary consent under Policy 10.5.2. If this is not the case then there is a need for policies relating to aquaculture in both the marine and freshwater environments.

Amend Policy 7.D.7 clauses (b) and (c) as follows: (b) Ensuring that all animal waste systems:

(i) Have sufficient storage capacity to avoid the need to dispose of effluent when soil moisture and/or weather conditions may result in run-off entering water and or the volume of the discharge exceeds the natural capacity of the soil to treat or remove the contaminant ; and

(c) Avoiding the discharge of animal waste to water bodies, artificial watercourses, the coastal marine area, critical source areas and to saturated land: and Add new policy direction for aquaculture in both the marine and freshwater environments to provide direction for regulatory approach and consenting applications to address animal waste from these activities.

7.D.8 Policy upgrading existing animal waste systems

Support. This is consistent with RMA, NPSFM 2020, ORPS and objective of the RPW.

Amend to require upgrading of existing waste systems to meet the standards of Rule 14.7.1.1. within 5 years of this plan change becoming operative.

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12 Rules: Water Take, Use and Management

12.C.0.2 Discharge from silage - Prohibited Activity

This is consistent with RMA, NPSFM 2020, ORPS and RPW.

Retain the PC8 wording as proposed

12.C.0.4

Discharge from animal waste system - Prohibited Activity

Support with amendment. This rule needs amending to encompass Te Mana o te Wai and to align with the NPS FM 2020. While the policy provides for water quality for animal consumption it does not currently provide the same for human health and mahinga kai. The discharges of animal wastes that render freshwater unsuitable for human consumption and the gathering of mahinga kai should be included in Policy 12.C.0.4 as prohibited. The plan needs to provide for protection of natural wetlands to give effect to the NPSFM and NZCPS by avoid adverse effects on the values and extent of natural wetlands. The Plan also needs to provide for s6(c) for values in freshwater bodies by avoiding adverse effects on the significant areas of significant indigenous vegetation and significant habitats of indigenous fauna as well as avoiding significant adverse effects on aquatic life. The NPSFM 2020 requires protection of the values all natural inland wetlands and restoration of all natural inland wetlands. The rule also needs to give effect to the NZ Coastal Policy Statement (NZCPS) within the coastal environment and to provide for integrated management between freshwater and the coastal marine area (CMA). and as there are no rules in the

Amend as follows: 12.C.0.4 The discharge of animal waste from an animal waste system: (i) To any lake, river or Regionally Significant Wetland; or (ii) To any drain or water race that goes to a lake, river, Regionally Significant Wetland natural wetland or coastal marine area; or (iii) To the bed of any lake, river or Regionally Significant Wetland natural wetland; or (iv) To any bore or soak hole; or (v) To land within 50 metres of: (a) Any lake, river or Regionally Significant Wetland natural wetland; or (b) Any bore or soak hole; or (vi) To land in a manner that results in ponding or overland flow to water, including to frozen land; or (vii) That results in any of the following effects in receiving waters, after reasonable mixing: (a) the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (b) any conspicuous change in the colour or visual clarity; or (c) any emission of objectionable odour; or (d) the rendering of fresh water unsuitable for human consumption or by farm animals; or (e) any adverse effects on areas of significant indigenous vegetation and significant habitats of

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Coastal plan to protect coastal wetlands need to be included here. The NPSFM uses the term natural wetland and natural inland wetland for those wetlands that are not within the CMA. For consistency with the NPSFM we have sought amendments using the term natural wetlands, however it maybe more appropriate to use the term natural inland wetland if the CMA is not captured in this Plan. The Council will need to ensure that wetlands within the CMA are either captured within the coastal plan or by amending the provisions in this plan to ensure they are captured and provided for consistent with the NZCPS.

indigenous fauna; (e f) any significant adverse effects on aquatic life is a prohibited activity.

12.C.1.4 Discharge from animal waste systems - Permitted Activity

Support a permitted activity level for discharge of animal waste provided Rule 12.C.0.4 is amended as above. This is necessary to avoid potential for impacts on human health and mahinga kai which would not otherwise be protected by relying on 12.C.1.1- 12.C.1.3 which do not achieve the NPS FM or the NZCPS.

Retain as proposed

12.C.2.5 Discharge from animal waste system - Restricted Discretionary Activity

Support with amendments. This rule needs to give effect to the new NPSFM 2020 by including all wetlands, and impact on primary contact as matters for consideration.

Amend as follows: 12.C.2.5 The discharge of animal waste, or water containing animal waste, from an animal waste system onto or into land is a restricted discretionary activity provided: (a) The discharge is not prohibited under Rule 12.C.0.2A; and (b) The discharge is not permitted under Rule 12.C.1.4; In considering any resource consent under this rule, the Otago Regional Council will restrict the

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exercise of its discretion to the following: (i) The application depth and rate; (ii) Size and location of the disposal area, including separation distances from lakes, rivers, Regionally Significant W wetlands, bores, soak holes, the coastal marine area water supply for human consumption and dwellings; (iii) Measures to avoid, remedy or mitigate adverse effects on water quality, taking into account the nature and sensitivity of the receiving environment; (iv) Measures to avoid, remedy or mitigate adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses; (xx) Measures to prevent adverse effects on human contact recreation and food sources (v) Duration of consent and any review conditions; (vi) Quality of, and compliance with, a management plan for the animal waste system; and (vii) Any information and monitoring requirements.

14 Rules Land Use other than in Lake or River Beds

14.7.1 -14.7.3

Rules Animal Waste Systems

Support. This is consistent with RMA, NPSFM 2020, ORPS and RPW.

Retain

7 Water Quality 7. D policies for discharges

7.D.9 Discharges and farming activities

Support in part. The stock exclusion regulations will come into force

Amend Policy 7.D.9 as follows: Enable farming activities while reducing avoiding

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from September 2020 and supersede this policy as it is no longer applicable to progressively exclude stock from lakes, wetlands and continually flowing rivers. The NES requires all stock to be excluded from natural wetlands identified in regional or district plans or the RPS. As the water plan only identifies regionally significant wetlands policy 7D should exclude stock from all natural wetlands. Stock need to be excluded from rivers as defined in the Act to be consistent with the new RMA stock regulations. Sedimentation should be able to be avoided by well-designed and managed riparian margins adjusted for slope. Critical source areas can be effectively managed by ensuring they remain vegetated and excluded from grazing. Critical source areas can be identified using remote sensing and mapped in the freshwater farm plans.

remedying and mitigating their adverse environmental effects by: (a) Promoting Requiring the implementation of good management practices (or better) to reduce sediment and contaminant loss to water bodies; and (b) Managing stock access to water bodies to: (i) Progressively exclude stock from lakes, wetlands, and continually flowing rivers; and (ii) Avoid significant adverse effects on water quality, bed and bank integrity and stability, Kai Tahu values, and river and riparian ecosystems and habitats; and (c) Setting minimum standards for intensive grazing; and (d) Managing the risk of sediment run off from farming activities by: (i) Implementing setbacks from water bodies, artificial water courses, the coastal marine area based on slope requirements and establishing riparian margins, and (ii) Limiting areas and duration of exposed soil; and (iii) Using remote sensing technologies to map slope where agricultural activities occur within Otago and making the mapping available to the public. (e) Promoting Requiring the identification and management of critical source areas within individual properties, to reduce the risk of nutrient or microbial contamination and sediment run-off including by: (i) retaining critical source areas in un grazed

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vegetation. (ii) avoiding grazing in critical source areas (ii) Using remote sensing technologies to map

slope where agricultural activities occur within Otago and making the mapping available to the public.

21 Glossary

21 Glossary Critical Source Area

Support definition of critical source area as it is clear and appropriate.

Retain

21 Glossary Intensive grazing

Support definition of intensive grazing applying to all stock on the full range of forage crops. Intensive grazing should also apply to the grazing of pasture and cereal crops where it is of such intensity that it gives rise to bare ground, or reduces sward thickness so that it no longer captures overland flows. https://www.es.govt.nz/repository/libraries/id:26gi9ayo517q9stt81sd/hierarchy/community/farming/good-management-practice/documents/good-management-practice-factsheets/winter-grazing/critical_source_areas.pdf

Means grazing of stock on forage crops (including brassica, beet and root vegetable crops), excluding or grazing of pasture and cereal crops in a manner that results in bare ground or reduces sward thickness below 10cm.

21 Glossary Dairy cattle

Support. This is clear and appropriate. Retain

21 Glossary Earthworks

Support in part The definition should include the activity of root raking as this can also disturb the land.

Add root raking

Part D Intensive Grazing 14 Rules: Land use other than in Lake or River Beds

Rule 14.6.1.1

Use of land for intensive grazing -

Support in part. Intensive grazing excludes intensive grazing of

Amend as follows 14.6.1.1 The use of land for intensive grazing is a

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Permitted Activity – land use

pasture and cereal crops, yet these activities can de-vegetate areas and give rise to sediment overflow. As management of Critical Source Areas are essential to improve water quality Forest and Bird recommends that grazing be excluded, or at least restricted to a stocking rate that would ensure maintenance of an adequate grass or vegetation thickness. Environment Southland’s provisions are more likely to result in improved water quality as they require consents if intensively winter grazing up to 15% of a landholding – capped at 100ha and a 20m buffer strip. Grazing pugs wetlands destroys vegetative cover and mobilises sediment.

permitted activity providing: (a) The total cumulative area of the landholding used for intensive grazing is the lesser of: (i) 100 50 hectares; or (ii) 10 15% of the total cumulative area of the landholding. (b) There is no intensive grazing in any critical source area or natural wetland; and (c) Stock are progressively grazed (break-fed or block-fed) from the top of a slope to the bottom of a slope; and (d) A vegetated strip of at least 10 20 metres is maintained between the intensively grazed area and any water body, drain or critical source area and all stock are excluded from this strip during intensive grazing.

Rule 14.6.2 Use of land for intensive grazing - Discretionary Activity

Support. This is consistent with RMA, NPS –FWM 2020, ORPS and RPW.

Retain

Part E Stock Access to water 13 Rules: Land use on Lake or River Beds to Regionally Significant Wetlands

Rule13.5.1.8A

Disturbance of the bed by livestock - Permitted Activity

This rule needs to apply to all wetlands and be amended to give effect to the NPSFM and NZCPS. This chapter is problematic as the applies to Regionally Significant wetlands, which is no longer an appropriate classification under the NPSFM 2020. Either the the chapter heading and all references to Regionally Significant Wetland need to be changed to

Amend Chapter Heading to: Rules: Land Use on Lake or River Beds or Regionally Significant Wetland and other Natural Wetlands. 13.5. Alteration of the bed of a lake or river or of Regionally Significant Wetland and natural wetlands

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“natural wetland” or an explanation added such that the chapter is amendment to apply to all wetlands. Alternatively Rule 13.5.1.8A to include all natural wetlands. Stock need to be excluded from rivers as defined in the Act to be consistent with the new RMA Stock Exclusion Regulations.

(b) From 2022: (i) All dairy cattle and pigs are excluded from the beds of lakes, continually flowing rivers wider than 1 metre and Regionally Significant wetlands and natural wetlands; and (ii) where stock are excluded under (i), a setback of five ten metres from the beds of lakes, continually flowing rivers wider than 1 metre and Regionally Significant Wetlands and natural wetlands is implemented. Make consequential amendments to Note 2, to change Regionally Significant Wetland to natural wetland.

Part F: Sediment traps 13 Rules: Land use on lakes or river beds, Regionally Significant Wetlands

Rule 13.5.1.10

Disturbance of the bed - Permitted Activity

Support with the addition of natural wetlands. Pleased to note inclusion of ephemeral or intermittently flowing rivers. As above this rule needs to apply to all wetlands and be consistent with the NPS –Freshwater Management and NZ Coastal Policy Statement. Accept problematic as the Chapter applies to Regionally Significant wetlands. An option is to amend the chapter heading to include other wetlands and either amending Rule 13.5 to include Regionally Significant wetlands and other natural wetlands or alternatively adding a new rule to apply the proposed amendments to natural wetlands as well as Regionally Significant Wetlands.

Amend as follows: (h) There is no change to the water level range or hydrological function of any Regionally Significant Wetland or other natural wetland; and (i) There is no damage to fauna or New Zealand native flora in or on any Regionally Significant Wetland or other natural wetland.

Part G Sediment from earthworks for residential development 7 Water Quality policies

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7.D.10 Sediment discharge from earthworks

Support. This is consistent with RMA, NPS –FWM 2020, ORPS.

Retain

14 Rules

Rule 14.5.1

Use of land and associated discharge from earthworks - Permitted activities

Support in part as it is appropriate to provide for minor soil disturbance provided there are robust performance standards that will ensure adverse effects are avoided or where avoidance is not achievable then adverse effects are minimized. The proposed wording will not achieve this. There should be no discharges of sediment permitted to Natural State water bodies, and there needs to be a limit on the concentration of suspended solids in the discharge and discharges need to meet measurable receiving water quality standards.

Amend to ensure that the rule will ensure Policy 7.D.10 can be met.

Rule 14.5.2.1

Use of land and associated discharge from earthworks - Restricted Discretionary activities

Support. This is consistent with RMA, NPS –FM 2020, ORPS.

Retain

Part H Nationally or regionally important infrastructure 10 Wetlands

10.4.2 Avoidance, remediation or mitigation of adverse effects on Regionally significant wetlands.

Oppose an policy exception for nationally and regionally significant infrastructure. There is no definition of regionally significant infrastructure. This change necessitates a definition which we recommend embraces the following kinds of infrastructure.

(b) Is nationally or regionally significant infrastructure, and has specific locational constraints; or Add definition of regionally significant infrastructure to include; , airports, the port, telecommunications facilities,

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Regionally significant infrastructure such as the roading network, airports, the port, telecommunications facilities, the rail network, storm water, sewage, systems, local authority water supply networks (for human consumption) and water treatment plants and other utilities, including energy generation, transmission and distribution networks, strategic telecommunications facilities as defined in section 5 of the Telecommunications Act 2001, the strategic Transport Network

the rail network, storm water, sewage, systems, local authority water supply networks (for human consumption) and water treatment plants and other utilities, including energy generation, transmission and distribution networks, strategic telecommunications facilities as defined in section 5 of the Telecommunications Act 2001, the strategic Transport Network

Thank you for considering these submissions

Sue Maturin