Appendix III: Waikato Regional Policy Statement(Relevant Provisions) Waikato Regional Plan (Relevant Provisions)

Environment Waikato

Waikato Regional Policy Statement

Part 3 Significant Resource Management

Issues, Objectives, Policies and Methods

3.3 Land and Soil

Objective:

Net reduction in the effects of accelerated erosion and those effects avoided where practicable.

Policy One: Avoid, Remedy or Mitigate Accelerated Erosion

Ensure that land users:

1. avoid where practicable, practices that cause accelerated erosion; and

2. remedy or mitigate the adverse effects of accelerated erosion if it occurs.

3.3.9 Maintenance of Soil Health

Objective

Maintain versatility and productive capacity of the Region’s soil resources.

Policy One: Avoid, Remedy or Mitigate Degradation of Soil Versatility and Productive Capacity

Land use practices should occur in a manner designed to avoid degradation of soil versatility and productive capacity.

3.4 Water

3.4.8 Wetlands

Objective

An increase in the quantity and quality of the Region’s wetlands.

Policy One: Significant Wetlands

Ensure that the natural character of significant wetlands are protected.

Policy Two: Other Wetland Areas

Allow the use and development of other wetland areas while avoiding, remedying or mitigating any adverse effects on the wetland characteristics in the Region.

3.4.10 Mauri

Objective

Tangata whenua concerns relating to the mauri of the water recognised and provided for.

Policy One: Effects of Contaminants

Ensure that decisions about the discharge of contaminants associated with the use, development and protection of natural and physical resources are made in a way that recognises and provides for the mauri of water.

3.11 Plants and Animals (Biodiversity)

3.11.4 Maintenance of Biodiversity

Objective

Biodiversity within the Region maintained or enhanced.

Policy One: Avoid, Remedy or Mitigate Adverse Effects on Biodiversity

Allow the use and development of natural and physical resources while avoiding, remedying or mitigating adverse effects on biodiversity in the Region.

Policy Three: Protection and Management of Indigenous Vegetation and Habitats of Indigenous Fauna

1. Ensure the existing characteristics that identify natural areas as significant indigenous vegetation and/or significant habitats of indigenous fauna are protected in an appropriate way from adverse effects when using or developing natural and physical resources except:

   1. within Development Geothermal Systems provided for in Chapter 3.7, or
   2. where those effects cannot be avoided, in which case the effects are to be remedied or mitigated3 in such a way that biodiversity is maintained or enhanced, having particular regard to the specific characteristics that identify the area as significant.
2. Subject to the exceptions in Policy Three A), once an area has been identified as being significant, the following factors should be taken into account when determining protective management methods including the allocation of resources:
   1. positive landowner management initiatives
   2. current uses
   3. relative significance (based on the characteristics that make an area significant)
   4. threats to the characteristics that make the area significant (including relative vulnerability to threats)
   5. the effectiveness of management options to address threats
   6. availability of resources
   7. the use of non-regulatory methods.

3.12 Energy

3.13.2 Infrastructure

Objective

Efficient use of energy within the Waikato Region.

Policy One: Energy Efficiency and Conservation

To promote efficiency and conservation in the production, transmission and consumption of energy.

3.13 Structures (Infrastructure)

3.13.2 Infrastructure

Objective

The continued operation of regionally significant infrastructure (including network utilities) maintained or enhanced.

Policy One: Maintenance of Infrastructure

Avoidance of significant adverse effects (including cumulative effects) on the safe and efficient operation of regionally significant infrastructure. Where significant adverse effects on regionally significant infrastructure cannot be avoided they shall be remedied or mitigated.

3.15 Heritage

3.15.2 The Region's Heritage

Objective

The protection of regionally significant heritage resources, and allowing subdivision, use, and development of other heritage resources, while ensuring that there is no net loss in the Region.

Policy One: Protection of Heritage Resources

Ensure the protection of significant natural and cultural heritage resources.

Policy Two: Other Heritage Resources

Allow subdivision, use and development, while avoiding, remedying or mitigating any adverse effects on other natural and cultural heritage resources.

3.15.3 Maori Heritage

Objective

The protection of heritage resources of significance to Maori.

Policy One: Protection of Maori Heritage

Seek to avoid accidental or intentional damage or interference to heritage resources of significance to Maori.

Regional Plan (Operational in part)

1. Approaches to Resource Management

1.2 Approaches to Resource Management

1.2.3 Objectives

Objective 1

Controls exercised by the Plan are matched to the significance of adverse effects of the activity on the environment, either individually or cumulatively, and unnecessary bureaucracy and costs are avoided, so that:

1. activities that do not have more than minor adverse environmental effects are allowed to occur; and

2. activities that have more than minor adverse environmental effects are managed to avoid, remedy, or mitigate those adverse effects.

Objective 2

Maximise certainty in the decision making processes.

Objective 3

The role of resource use in the Waikato and its contribution to enabling people and communities to provide for their social, economic and cultural well being and for their health and safety recognised, while ensuring that the purpose of the Act is met.

Objective 4

The resource consent process assisted by adequate and timely consultation between parties.

1.2.4 Policies

Policy 1: Regional Rules for Activities Restricted by the RMA

Adopt regional rules for resource use activities that are restricted under Part III of the RMA, pursuant to s13(1), s14(1) and s15(1) that (taking into account scientific uncertainty and lack of information):

1. permit all activities that are likely to have no more adverse effects on the environment provided that specified conditions are met

2. regulate those activities that are likely to have more than minor effects, either individually or cumulatively, on the environment and require site specific consent conditions to ensure that the effects are avoided, remedied or mitigated

3. prohibit those activities for which there is clear evidence that the activity is likely to have adverse effects that are so significant that they could not be adequately avoided, remedied or mitigated under any circumstances.

Policy 2: Regional Rules For Activities Not Restricted by the RMA

For resource use activities that are provided for by Part III of the RMA pursuant to s9, s13 (2), s14(3) (b) and s15(2) to intervene by way of regional rules only where (taking into account scientific uncertainty and lack of information):

1. information that can be verified, shows that the activity is likely to cause adverse effects on the environment

2. regional rules, either on their own, or in combination with other methods, are the most appropriate means of managing those adverse effects.

Policy 3: Encourage Best Practice

Use a combination of enabling rules (where appropriate) and non-regulatory methods such as advocacy, environmental education, economic incentives and the development of good practice guides to give resource users incentives to adopt best practice.

Policy 4: Monitoring and Enforcement

Where activities are permitted in accordance with Policies 1 and 2, monitor the adverse effects of these activities, and ensure that they are managed in accordance with the conditions in the Plan and:

1. if there is non-compliance with a permitted activity rule or an activity has adverse effects that are inconsistent with the policies and methods, including conditions of rules of the Plan, use appropriate enforcement mechanisms under s17 and Part XII of the RMA to ensure compliance

2. where the adverse effects of the activity are widespread across the whole or part of the Region change the Plan to ensure that the adverse effects are adequately managed.

Policy 5: Assessment Criteria

Provide clarity and certainty by way of assessment criteria that will be considered as part of the consent process.

Policy 6: Consent Duration

When determining consent duration, there will be a presumption for the duration applied for unless an analysis of the case indicates that a different duration is more appropriate having had regard to case law, good practice guidelines, the potential environmental risks and any uncertainty in granting the consent.

Policy 9: Elements of Good Consultation

Where consultation is considered to be necessary Council will have regard to the following matters:

1. Whether all the parties likely to be affected by the proposed activity have been identified and consulted.

2. Whether the parties have provided all relevant information on the proposal.

3. Whether reasonable time was allowed for consideration of and response to material provided.

4. Whether any further value can be added to the decision-making process by further consultation.

5. The degree to which the views of affected parties have been take into account by modifying the original proposal.

6. Any written approvals from parties likely to be affected.

2. Matters of Significance to Maori

2.3 Tangata Whenua Relationship with Natural and Physical Resources

2.3.2 Objective

1. Uncertainty for all parties regarding the relationship between tangata whenua and resources for which they are Kaitiaki minimised.

2. Tangata whenua able to give effect to kaitiakitanga

2.3.3 Policies

Policy 1: Processes for Defining Relationship

Define the processes to determine the relationship of tangata whenua with natural and physical resources for which they are Kaitiaki.

Policy 2: Increase awareness

Promote methods that will increase community awareness of the relationship between tangata whenua and the natural and physical resources for which they are Kaitiaki.

3. Water Module

3.2 Management of Water Resources

3.1.2 Objective

The management of water bodies in a way which ensures:

1. that people are able to take and use water for their social, economic and cultural wellbeing

2. net improvement of water quality across the Region

3. the avoidance of significant adverse effects on aquatic ecosystems

4. the characteristics of flow regimes are enhanced where practicable and justified by the ecological benefits

5. the range of uses of water reliant on the characteristics of flow regimes are maintained or enhanced

6. the range of reasonably foreseeable uses of ground water and surface water are protected

7. inefficient use of the available ground surface water resources is minimised

8. an increase in the extent and quality of the Region’s wetlands

9. that significant adverse effects on the relationship tangata whenua as Kaitiaki have with water and their identified taonga such as waahi tapu, and native flora and fauna that have customary and traditional uses in or on the margins of water bodies, are remedied or mitigated

10. the cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with water their identified taonga such as waahi tapu, and native flora and fauna that have customary and traditional uses that are in or on the margins of water bodies are remedied or mitigated

11. the management of non-point source discharges of nutrients, faecal coliforms and sediment to levels that are consistent with the identified purpose and values for which the water body is being managed

12. the natural character of the coastal environment, wetlands and lakes and rivers and their margins (including caves), is preserved and protected from inappropriate use and development

13. ground water quality is maintained or enhanced and ground water takes managed to ensure sustainable yield

14. shallow ground water takes do not adversely affect values for which any potentially affected surface water body is managed

15. concentrations of contaminants leaching from land use activities and non-point source discharges to shallow ground water and surface waters do not reach levels that present significant risks to human health or aquatic ecosystems

16. that the positive effects of water resource use activities and associated existing lawfully established infrastructure are recognised, whilst avoiding, remedying or mitigating adverse effects on the environment.

Policy 3: Natural Character

Recognise, and where relevant provide for, the following characteristics when considering the preservation of the natural character of lakes and rivers and their margins and the protection of them from inappropriate use and development:

1. Diversity and composition of aquatic and riparian habitat.

2. Topography and physical composition of river and lake beds and the course of the river.

3. The natural flow characteristics and hydraulic processes (such as sediment transport) of rivers and streams or the pattern and range of water level fluctuations that occur naturally in rivers and lakes.

4. Any significant natural features of the lakes and rivers and their margins.

5. Land and Soil Module

5.1 Accelerated Erosion

5.1.2 Objective

A net reduction of accelerated erosion across the Region so that:

1. soil productivity, versatility and capability is maintained

2. there are no adverse effects on water quality, aquatic ecosystems and wetlands that are inconsistent with Water Management Objective 3.1.2

3. there is no increase in the adverse effects of flooding or land instability hazards

4. accelerated infilling of lakes, estuaries, rivers, wetlands and cave systems is avoided and the rate of infilling of artificial watercourses, excluding structures designed to trap sediment, is minimised

5. significant adverse effects on the relationship tangata whenua as Kaitiaki have with their identified ancestral taonga such as ancestral lands, water and waahi tapu are avoided

6. cumulative adverse effects on the relationship tangata whenua as Kaitiaki have with their identified taonga such as ancestral lands, water, waahi tapu are remedied or mitigated.

7. significant adverse effects on natural character and ecological values associated with land and the coastal environment including dune systems is avoided

8. there are no adverse effects on air quality that are inconsistent with Air Quality Objective 6.1.2, Objectives 2 and 3

9. damage to property and infrastructure is avoided in particular in High Risk Erosion Areas together with:
   1. Catchments of estuaries that are areas of significant conservation value on the Coromandel Peninsula
   2. Karst and cave systems.

5.1.3 Policies

Policy 1: Managing Activities that Cause or Have the Potential to Cause Accelerated Erosion and Encouraging Appropriate Land Management Practices

Through permitted activities and non-regulatory methods manage activities that cause or have the potential to cause accelerated erosion, with particular regard to:

1. the potential for the activity to adversely affect the purpose of the water management classes as identified in the policies in Section 3.2.2, and the coastal marine area

2. the risk of downstream sedimentation leading to accelerated infilling of lakes, estuaries, artificial watercourses, rivers, wetlands and caves

3. the erosion potential of soil when it is disturbed or vegetation is cleared

4. the potential to increase the adverse effects of flooding

5. the potential to adversely affect waahi tapu and archaeological sites or other identified sites of importance to tangata whenua as Kaitiaki

6. the potential to adversely affect natural character of the coastal environment and the margins of rivers, lakes and wetlands and areas of significant indigenous vegetation and significant habitats of indigenous fauna

7. the potential to compromise air quality objectives as identified in Module 6 Air

8. the potential to damage property and infrastructure.

Policy 2: Use of Regulatory and Non-Regulatory Approaches of Management for Soil Disturbance/Vegetation Clearance Activities in High Risk Erosion Areas

Environment Waikato will use a mixture of regulatory and non-regulatory approaches to:

1. minimise the adverse effects of soil disturbance and vegetation clearance in high risk erosion areas

2. minimise the accelerated infilling of Coromandel estuaries that are listed as areas of significant conservation value in the Regional Coastal Plan

3. minimise adverse effects of soil disturbance activities in karst environments on cave ecosystems.

Policy 3: Promote Good Practice

Promote, through environmental education, good practice guides and incentives, soil and land management practices that avoid adverse effects on soil productivity, capability and versatility and the off-site effects of sediment discharge, and remedies or mitigates these effect if they do occur.

Policy 4: Approved Operators Approach

Identify methods to reduce regulatory requirements for land managers or operators who are certified under a registered operators system for soil and land managers and who can demonstrate a proven record of good environmental practice and performance.