RMLA – October 2011 RMA Implementation update Presentation overview • • • • • 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