RMLA – October 2011
RMA Implementation update
Presentation overview
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RMA Amendment Act (No.2) 2011
2010/11 Biennial survey
Making Good decisions update
Canterbury Earthquake update
NES update
2
Resource Management
Amendment Act (No 2) 2011
3
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….”
4
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
5
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.
6
2010/11 Biennial Survey
summary
• Press releases last week
• To be discussed further tomorrow
7
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
8
• 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
9
• 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)
10
Making Good Decisions
Update
11
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
12
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
13
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
14
Main recommendations
• Workbook and course to be updated
to have more detail for decisions on
plans and policies
• Recertification for all every 3 years
15
• Recertification to include special
competency courses:
– Maori resource management
– Resource consenting decision making
– Policy and Planning Decision-making
– Chair’s responsibilities
16
Canterbury Earthquake
Recovery Act 2011
17
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)
18
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
19
Applies to
• Applies only to “greater Christchurch”
– Area covered by Christchurch City,
Selwyn District, and Waimakariri
District (including adjacent CMA)
• Set up CERA
20
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)
21
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
22
• CBD Recovery Plan: A mandatory
Recovery plan prepared by the City Council
applying to the CBD area within “the four
avenues” (includes Hagley Park)
23
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)
24
• CERA has powers to: subdivide, resubdivide, and amalgamate land
without RMA provisions applying (s
43); erect, alter and demolish
buildings (ss 38-41)
25
• National Environmental
Standards update
26
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
27
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
28
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
29
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
30
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 noncompliance
• Workshop on “Users Guide” underway
31
Updates on others
• Ecological flows – part of Land and
Water Forum process – further decisions
to come
32
Proposals of national significance
• Tauhara II - $1 billion - 8 months
• Waterview Connection - $2 billion - 9
months
Waterview Connection
• Wiri Men’s Prison - $424 million - 10
months
• Queenstown Airport - $40 million –
referred to Environment Court
• Transmission Gully - $1 billion - notified
Tauhara II Geothermal
• King Salmon - lodged
Resource Management (Simplifying and Streamlining) Amendment Act 2009
RMA Sections 140 -150AA – national consenting through the EPA
No Blanket Tree Protection
Rules in Auckland
Resource Management (Simplifying and Streamlining) Amendment Act 2009
RMA Sections 76 (4A) – rules must not prohibit or restrict tree felling or trimming
Percentage of consent applications processed on time (%)
Proportion of resource consents processed
on time
100
90
80
70
60
50
40
30
20
10
0
1997/1998
1998/1999
1999/2000
2001/2002
2003/2004
2005/2006
2007/2008
2010/2011
Survey period
Source: Resource Management Act Survey of Local Authorities 2010/11
Further Information Requests
Percentage
Percentage of consent applications for which further information
was requested (%)
50
40
30
20
10
0
1997/1998
1998/1999
1999/2000
2001/2002
2003/2004
2005/2006
Survey period
Resource Management (Simplifying and Streamlining) Amendment Act 2009
RMA Sections 92 – one request before submissions and one before hearings
2007/2008
2010/2011
Timeframe Extensions
Source: Resource
Management
Act Survey of Local Authorities 2010/11
Resource Management (Simplifying and Streamlining)
Amendment
Act 2009
RMA Sections 37A – applicant must agree to timeframe extension
Proportion of Resource Consents
Notified
Percentage of consent applications notified in some way (%)
7
Limited notified applications
Notified applications
6
5
4
3
2
1
0
1997/98
1998/99
1999/00
2001/02
2003/04
2005/06
2007/08
2010/11
Survey period
Resource Management (Simplifying and Streamlining)
Amendment
ActAct
2009
Source: Resource
Management
Survey of Local Authorities 2010/11
RMA Section 95A – removed presumption that resource consent must be notified
Changes to Maximum Fine Levels
Resource Management (Simplifying and Streamlining) Amendment Act 2009
RMA Sections 339 – increased maximum fines and allowed review of resource consent
Direct Referrals to Environment
Referral
Processed Granted
In
On
Time from referral to
Court
made
though to
progress
hold
decision
decision
7
3
3
3
1
6 months (supermarket)
9 months (wastewater
plant)
• 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
Resource
Management
(Simplifying
and Streamlining)
Amendment
Act 2009
• Project
Hurunui
Windfarm
(Hurunui
District)
RMA Sections 87D – request for application to go directly to Environment Court
Trade Competition
V
General Distributors Ltd
(Progressive)
Food Stuffs (Wellington) Properties L
Resource Management (Simplifying and Streamlining) Amendment Act 2009
RMA Sections 308A – 308I – Act not to be used to oppose trade competitors