East Coast Bay of Plenty Conservancy November 2010 Your RMA consent application Increasingly applicants are asking the Department of Conservation to comment on their resource consent applications. To help you with this process, this brochure outlines what types of activities the Department is interested in assessing, the type of information we expect to see in applications and some other useful hints in assisting you to prepare your application Why is the East Coast Bay of Plenty Conservancy interested in your application The Department of Conservation is required to promote the conservation of natural and historic resources, both on and off public conservation land. It also has statutory responsibilities for the protection of indigenous freshwater fish and wildlife regardless of the ownership of the land or water. One way the Department can fulfil these requirements is to comment on resource consent applications under the Resource Management Act 1991 (RMA). The types of applications the Department comments on are varied. They include roading developments, subdivision applications, industrial discharges, stormwater developments, quarrying activities, forestry activities, structures in and around waterbodies (e.g. culverts, drains, jetties, dams, weirs, bridges), wetland drainage, changes being made to indigenous vegetation, water takes (e.g. for irrigation, dairy sheds, industrial development), and developments in coastal areas (i.e. reclamations, marinas, walls). If your application relates to archaeological sites you need to discuss this with the New Zealand Historic Places Trust (NZHPT) and if applicable the appropriate iwi, While the Department of Conservation advocates for historic issues, this is mainly the responsibility of the NZHPT. The information contained in this leaflet will give you a good indication of what we are likely to need to know. The intention is that you will come to talk to us with a good understanding of your proposal and the sort of information we require. It is difficult to know at what stage in the-development of your application you should come to us. This is your choice; however it is emphasised that the more developed your ideas the more quickly we will be able to respond. Does your Tick the box if your activity is on or adjacent to any of the following land types or activity involve involves any of the listed activities: any of the following? 1. Land protected under the Conservation Act 1987, Reserves Act 1977, Wildlife Act 1953, National Parks Act 1980 or the Marine Reserves Act 1971 or adjoining such lands. 2. Affecting indigenous freshwater fish habitat by: a. Discharging into a waterbody b. Disturbing riparian margins (or the margins of waterbodies) c. Damming or diverting a waterbody d. Abstracting water e. Changing the flow regime of a waterbody f. Locating a structure in a waterbody 3. Affecting a wetland or lake by: a. Draining, infilling or diverting water from the wetland (or part of it) b. Abstracting water from the wetland or its catchment c. Modifying the margins of the wetland d. Damaging the vegetation within the wetland e. Disturbing wildlife habitat within the wetland f. Locating a structure in the wetland 4. Affecting the coastal and marine environment by: a. Placement of a structure b. Reclaiming or infilling land c. Modifying an estuarine or dune system d. Discharging a contaminant to the sea e. Increasing the risk of coastal hazards f. Modifying the natural character of the coastal environment g. Affecting public access to and along the coast or waterbodies 5. Affecting indigenous wildlife by: a. Modifying or disturbing the habitat of indigenous wildlife b. Increasing the risk of pest invasion to wildlife habitats. 6. Modifying or utilising a geothermal resource 7. Modifying significant indigenous vegetation Remember, when assessing the effects of your application these may go beyond your property boundary. Please take this into consideration when answering the questions above. If you answer yes to any of these questions we would be interested in talking to you about your application as the Department is likely to be an affected party. What is significant indigenous vegetation? There is much discussion about what significant indigenous vegetation actually is. This is not for the Department to determine when you assess the effects of your activity. You may need to seek expert advice. However, to give you some assistance you could consult: District councils who may have the site listed in a natural heritage survey. Most councils in the Bay of Plenty have completed these. It could also be listed in a schedule in a district plan. The Bay of Plenty Regional Council Regional Policy Statement has a list of criteria that should be used to determine significance. A qualified ecologist or botanist; The Department of Conservation as to whether the site has been recommended as an area for protection through the Protected. Natural Areas Survey Programme or is identified in survey programmes focussing on wildlife. What we would It will usually be possible to provide comments on your application within a 2-3 week time like to see in period (it could be longer depending on the complexity of the issues) and your application your application needs to contain the following: 1. A detailed description of the site where the activity is occurring. In particular whether there are any waterbodies, indigenous vegetation or wildlife, habitats for indigenous species, and if it is in the coastal area or involves a geothermal resource. 2. A detailed assessment of effects. To give you some idea of the types of matters the Department looks for in an assessment, a brief breakdown is given for three matters of interest to the Department. They are by no means the only issues of interest, or the only matters you should address in your assessment of effects. Botanical- things you will need to know: The species, vegetation types, communities present and what they require to exist; What condition the vegetation is in, for example is it fragmented, or are animal or plant pests a problem; Determine its importance, for example are any threatened species present, is it representative of original vegetation or is it an important habitat for indigenous wildlife; What the impacts of your activity are on the vegetation. For example, will the earthworks you are doing in a riparian area result in the loss of specialised riparian vegetation; will your activity encourage weeds that damage indigenous vegetation; will clearance of indigenous vegetation result in a loss that is considered significant in the Bay of Plenty. Wildlife - things you will need to know: The species present, the numbers and what habitats they require to exist; Whether the species are adversely affected by anything at present such as animal pests, loss of habitat; The importance of this site for the species and the significance of the species present; What the impacts are of your activity on these species and their habitats. For example, will the clearance of indigenous vegetation result in the loss of habitat for wildlife; will the placement of a new road next to the coast affect the ability of estuarine bird species to breed and feed; will your subdivision increase the risk of animal pest invasion? Freshwater and Marine - things you will need to know: Depending on the type of waterbody (e.g. is it a river, stream, estuarine site, wetland, lake) and the activity proposed you may need to know what the water flows are, their direction, whether water runs through all year round, what indigenous species are present, what types of things affect these species at present; The importance of the waterbody as a habitat or for its natural character. What the impacts are of your activity on the habitat or its natural character. For example, is placement of a weir going to restrict fish pass; is re-diverting a drain going to result in loss of water to a wetland; is discharge of a contaminant to the river going to affect the ability of an indigenous species to live; will clearance of vegetation around the margin of a wetland result in the loss of habitat for indigenous birds. 3. The ways you intend to address any adverse effects. It is important to know the way in which you intend to avoid, remedy or mitigate any adverse effect of your activity. The ways you can do this will vary tremendously. It will depend on your activity and the extent of the effect occurring. To provide this type of information may often require the use of an appropriate expert. It is important to note that while the Department can provide guidance and some information to assist you, it is not the Department's role to provide the information for your application. Any surveys required will need to be undertaken by a suitably qualified expert. The extent of your assessment will be determined by the degree of effect your activity has on these values. Use your judgement on what needs to be included or seek the advice of the council or consultant. The district and regional councils all have application forms for resource consents that outline what type of information should be included. Use these, as they provide a good guide for developing your assessment of effects. Activities requiring statutory consents under other legislation Should your activity involve land that is protected under the Reserves Act 1977, the Conservation Act 1987, National Parks Act 1980, Marine Reserves Act 1971 or the Wildlife Act 1953 it is likely you will also require approvals from the Department of Conservation or the appropriate administering body of that land. A separate application will be required. It is important to note the two applications may require different information as they are assessed under different legislation. You can obtain further information on these other approvals from the Department of Conservation. Key Points 1. The more detailed your application is, the easier it is to comment on, therefore the quicker a response is likely to be. Please ensure you have thorough information on the effects of the activity and any mitigation you intend to undertake. 2. At least 2-3 weeks is usually required to comment on your application - plan this into your timetable. If your application is complex more time may be required. 3. If uncertain about whether the Department is interested in viewing your application just pick up the phone and ask. 4. Remember it is not the Department of Conservation that approves, declines or places conditions on your application. This is the role of regional and district councils. Ask the councils whether they require you to consult the Department of Conservation. 5. If you are requesting a written approval for non-notification purposes (where the Department is identified as an affected party) and it is given, this approval is given only on the specific application agreed to. Should you change your application after the Department gives a written approval you will need to consult with the Department again. Contacts Tauranga Area Office 253 Chadwick Road (PO Box 9003), Tauranga 3142 Ph. (07) 578 7677; fax (07) 578 1634 Gisborne-Whakatane Area Office 63 Carnarvon Street (PO Box 668), Gisborne 4040 Ph. (06) 869 0460; fax (06) 867 8015 Rotorua Lakes Area Office 99 Sala Street (PO Box 1146), Rotorua 3040 Ph. (07) 349 7400; fax (07) 349 7401 Te Urewera Area Office SH 38 (PO Box 114), Murupara 3062 Ph. (07) 366 1080; fax (07) 366 1082 East Coasty Bay Of Plenty Conservancy Office 99 Sala Street (PO Box 1146), Rotorua 3040 Ph. (07) 349 7400; fax (07) 349 7401