rmla – october 2011 rma implementation update. presentation overview rma amendment act (no.2) 2011...
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RMLA – October 2011RMA Implementation update
Presentation overview
• RMA Amendment Act (No.2) 2011• 2010/11 Biennial survey• Making Good decisions update• Canterbury Earthquake update• NES update
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Resource Management Amendment Act (No 2) 2011
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Resource Management Amendment Act (No 2) 2011
• Originally part of the Aquaculture Legislation Amendment Bill (No 3)
• Section 12 - RMA discounts mandatory under s36AA of RMA– “(1) A local authority must provide a
discount on an administrative charge imposed under section 36 as follows….”
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Resource Management Amendment Act (No 2) 2011
• Section 14 – From 12 Sept 2014– RMA section 39B accreditation
requirements are extended to reviews of consents, changes or cancellation or conditions, proposed policy statements and plans, and objections under section 357C
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Resource Management Amendment Act (No 2) 2011
• All persons on a panel or group that is making decisions are required to be accredited unless special circumstances apply that do not provide time for all persons to be accredited.
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2010/11 Biennial Survey summary
• Press releases last week• To be discussed further tomorrow
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Monitoring and Review Project
• Improve how we monitor RMA• Increase understanding of
implementation and effectiveness of RMA tools
• Support RMA policy processes• Consistent and comparable
information
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• Improve transparency of what is monitored and why
• Co-ordinate how/when info is collected• Create efficiencies cross existing
monitoring systems• Help identify and fill gap in monitoring
systems
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• Four year project• Collaborative process, working with
number of Councils, LGNZ and other government departments
• Stage 1 – Scoping• Stage 2 – Design framework – 2012• Stage 3 – Implementation (2012-2014)
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Making Good Decisions Update
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Review
• MGD been in operation for 6 years• Timely to review:
– Course content– Effectiveness in meeting objectives– Identify areas for improvement in
existing course design, structure, methodology
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Participant experience
• Course is highly valued, and must keep going to ensure ongoing performance of RMA decision making
• Workbook is an enduring resource• Some workshop aspects are difficult for some
people, but overall process works for most• Marking and feedback systems are not as
good as they could be
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Wider perceptions
• Most satisfied – are resource users, high confidence in the processes and reasonably happy with decision quality
• Least satisfied – iwi organisations – looking for increased understanding of Maori values
• Council officers conveyed positive views of Councillor upskilling
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Main recommendations
• Workbook and course to be updated to have more detail for decisions on plans and policies
• Recertification for all every 3 years
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• Recertification to include special competency courses:– Maori resource management– Resource consenting decision making– Policy and Planning Decision-making– Chair’s responsibilities
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Canterbury Earthquake Recovery Act 2011
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Canterbury Earthquake Recovery Act 2011
• Repealed and replaced the Canterbury Earthquake Response and Recovery Act 2010 – Savings provisions preserve the
effect of relevant Orders In Council made under the 2010 Act)
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Purposes include
– Providing measures to ensure Christchurch, councils and communities respond to and recover
– Enable a focused, timely, and expedited recovery
– To facilitate, coordinate, and direct the planning, rebuilding, and recovery of affected communities
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Applies to
• Applies only to “greater Christchurch” – Area covered by Christchurch City,
Selwyn District, and Waimakariri District (including adjacent CMA)
• Set up CERA
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Earthquake Recovery Minister powers include
– Suspending, amending, or revoking RMA plans, consents and other plans or instruments applying to greater Christchurch (s8 and s27)
– Directing councils or council organisations (s48)
– Compulsory acquisition of land (subpart 4)
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New, unique, planning framework
Recovery Strategy: An overarching, long-term strategy for recovery and rebuilding, prepared by CERA. A coordination tool for recovery plans
Recovery Plans: Plans to manage and direct recovery matters on a site specific or wider geographic basis – including any social, economic, cultural or environmental matter, or particular infrastructure, work or activity
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• CBD Recovery Plan: A mandatory Recovery plan prepared by the City Council applying to the CBD area within “the four avenues” (includes Hagley Park)
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Orders in Councils
• can be made to grant exemptions from, modify, or extend any provision of 23 listed Acts (including the RMA, HPA and LGA)
• Review panel set up to provide advice• Limited appeals: where available these are
generally to High Court (including RMA related matters)
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• CERA has powers to: subdivide, re-subdivide, and amalgamate land without RMA provisions applying (s 43); erect, alter and demolish buildings (ss 38-41)
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• National Environmental Standards update
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Proposed NES Contaminants in Soil
• District Council planning controls at time of land-use change
• Risk-derived health protection standards for range of land-uses and contaminants
• Local govt involved in working groups
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What does the proposed NES mean for Councils?
• Require all 67 territorial authorities to give effect to and enforce its requirements
• following proper process in deciding on new resource consent applications
• having effective database systems in place to record, store and access site information
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Plantation Forestry - Proposed
• Consistent rules (where appropriate)• District and Regional Council rules• Covers forestry specific activities and
a number of generic activities• Final recommendations to Cabinet
next year
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Water measuring devices
• Took effect 10 November 2010• Requirement to measure and report
water abstractions• Section 360 regulation, not NES• Number of transitional timelines• MfE/Irrigation NZ - guidance and
certification / auditing schemes
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NES Air quality - revised
• Revised NES effect from 1 June 2011• Review by TAG – fine particle
component of the existing NES• Compliance date, number of
exceedances, implications of non-compliance
• Workshop on “Users Guide” underway
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Updates on others
• Ecological flows – part of Land and Water Forum process – further decisions to come
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Proposals of national significance
Waterview Connection
Tauhara II Geothermal
• Tauhara II - $1 billion - 8 months
• Waterview Connection - $2 billion - 9 months
• Wiri Men’s Prison - $424 million - 10 months
• Queenstown Airport - $40 million – referred to Environment Court
• Transmission Gully - $1 billion - notified
• King Salmon - lodgedResource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 140 -150AA – national consenting through the EPA
No Blanket Tree Protection Rules in Auckland
Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 76 (4A) – rules must not prohibit or restrict tree felling or trimming
Proportion of resource consents processed on time
0
10
20
30
40
50
60
70
80
90
100
1997/1998 1998/1999 1999/2000 2001/2002 2003/2004 2005/2006 2007/2008 2010/2011
Survey period
Perc
enta
ge o
f con
sent
app
licati
ons p
roce
ssed
on
time
(%)
Source: Resource Management Act Survey of Local Authorities 2010/11
Further Information RequestsP
erce
ntag
e
Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 92 – one request before submissions and one before hearings
0
10
20
30
40
50
1997/1998 1998/1999 1999/2000 2001/2002 2003/2004 2005/2006 2007/2008 2010/2011
Survey period
Perc
enta
ge o
f con
sent
app
licati
ons
for w
hich
furt
her i
nfor
mati
on
was
requ
este
d (%
)
Timeframe Extensions
Source: Resource Management Act Survey of Local Authorities 2010/11Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 37A – applicant must agree to timeframe extension
Proportion of Resource Consents Notified
0
1
2
3
4
5
6
7
1997/98 1998/99 1999/00 2001/02 2003/04 2005/06 2007/08 2010/11
Survey period
Perc
enta
ge o
f con
sent
app
licati
ons
noti
fied
in s
ome
way
(%)
Limited notified applications
Notified applications
Source: Resource Management Act Survey of Local Authorities 2010/11Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Section 95A – removed presumption that resource consent must be notified
Changes to Maximum Fine Levels
Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 339 – increased maximum fines and allowed review of resource consent
Direct Referrals to Environment Court
• Countdown Supermarket – Warkworth
• Wairoa District Council wastewater scheme
• Winstone Aggregates quarry – Auckland
• Lyttelton Port Company coal terminal (on hold)
• Mt Cass Windfarm
• Road Metals Quarry (Wards Road), Selwyn District
• Project Hurunui Windfarm (Hurunui District)
Referral made
Processed though to decision
Granted In progress
On hold
Time from referral to decision
7 3 3 3 1 6 months (supermarket)9 months (wastewater plant)
Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 87D – request for application to go directly to Environment Court
Trade Competition
Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 308A – 308I – Act not to be used to oppose trade competitors
V
Food Stuffs (Wellington) Properties Ltd General Distributors Ltd (Progressive)