Activities in the CMA Tim Blackman 28 May 2018 This presentation - PowerPoint PPT Presentation

Activities in the CMA Tim Blackman 28 May 2018

This presentation • Provisions in my evidence • Relevant higher order documents • How the provisions work in the proposed Plan • Recommended amendments • Matters of contention

Provisions in my evidence

Relevant Higher Order Documents for activities in the CMA • Resource Management Act 1991 (RMA) • New Zealand Coastal Policy Statement 2010 (NZCPS) • Regional Policy Statement 2013 (RPS)

RMA – Coastal Marine Area coastal marine area means the foreshore, seabed, and coastal water, and the air space above the water — (a) of which the seaward boundary is the outer limits of the territorial sea: (b) of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of — • (i) 1 kilometre upstream from the mouth of the river; or • (ii) the point upstream that is calculated by multiplying the width of the river mouth by 5

RMA – Section 6 • Section 6(a) provides for the preservation of natural character of the CMA and the protection from inappropriate subdivision and development; • Section 6(d) provides for the maintenance and enhancement of public access to and along the CMA; and • Section 6(e) provides for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

RMA – Section 12 No person may, in the coastal marine area; (a) reclaim or drain any foreshore or seabed; or (b) erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or

RMA – Section 12 (c) disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or (d) deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or

RMA – Section 12 (e) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or (f) introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or

RMA – Section 12 (g) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage.

RMA – Section 12 and 87(b) • Section 87B of the RMA requires resource consent as a discretionary activity for all activities in the CMA which are restricted under Section 12, but not provided for in a regional plan.

NZCPS – Policy 10 Policy 10 of the NZCPS directs the avoidance of reclamation in the CMA, unless: – land outside the CMA is not available for the proposed activity; – the activity which requires reclamation can only occur in or adjacent to the CMA; and – there are no practicable alternative methods of providing for the activity; and – the reclamation will provide for significant regional or national benefit.

NZCPS – Policy 11 • Policy 11 seeks the protection of indigenous biological diversity in the coastal environment and directs the avoidance of adverse effects of activities on a range of threatened and vulnerable taxa and habitat types. It also requires the avoidance of significant adverse effects on other indigenous vegetation, coastal habitats and indigenous ecosystems.

NZCPS – Policy 20 Policy 20(1 ) directs local authorities to control the use of vehicles in the CMA in a range of scenarios, except for emergency vehicles, where the following might result: – damage to dune or other geological systems and processes ; – harm to ecological systems or to indigenous flora and fauna, for example marine mammal and bird habitats or breeding areas and shellfish beds;

NZCPS – Policy 20 • Policy 20(2) directs local authorities to identify locations where vehicle access is required for boat launching. • Policy 20(3) directs the identification of any areas where and when recreational vehicular use of beaches of the foreshore and seabed maybe permitted.

Regional Policy Statement • Policy 3 • Policy 23 • Policy 24 • Policy 35 • Policy 37 • Policy 49

Provisions discussed in the Section 42A Report • Definitions • Objective O58 • Policies P143 – P151 • Rules R185 – R219 • Method M22 • Schedule U • Maps

Disturbance to the CMA from motor vehicles Relevant objectives O9, O10, O12, O13, O17, O31 - O37, O53 Policy P147 Policy P148 Policy P149 Rule R196 Rule R197 Rule R198 Rule R199

Deposition in the CMA Relevant Objectives O9, O17, 019, O31 - O37, O53 Policy P143 Rule R206 Rule R207 Rule R208 Rule R209

Dumping in the CMA O9, 017, O31 - O37, O53 Policy P144 Rule R210 Rule R211 Rule R212 Rule R213

Reclamation of the CMA O35, 036, O53, O54, O56 Policy P145 Rule R214 Rule R215

Introduction of plants in the CMA O17 Policy P146 Rule R217 Rule R218 Rule R219

Noise in the CMA Objective O58 Policy P150 Policy P151 Coastal management general conditions (p) - (t) and (u)

All other destruction, damage and disturbance O9, O10, O12, O13, O17, O33, O35, O37, O53, O54 P1, P2, P22, P26 All other Dredging – R200, Surface water and destruction, damage Destruction - R216 General disturbance R201, R202, R203 foreshore activities - and disturbance - activities - R188, R189, R185, R186, R187 R204, R205 R190, R191, R192, R193, R194, R195

Recommended amendments to provisions (Issue 1.1) • Insert an advice note below Rule R199 to clarify that the disturbance to the foreshore and seabed associated with boat launching on Titahi Bay beach is a permitted activity under Rule R190.

Recommended amendments to provisions (Issue 1.3) Rule R191 – Disturbance associated with beach grooming • Add a new permitted activity condition (h), so that rule must also comply with the coastal management general conditions

Recommended amendments to provisions (Issue 1.3) Rule R191 – Disturbance associated with beach grooming • Amend permitted activity condition (f), so that disturbance associated with beach grooming is not permitted in Schedule F4 sites (significant indigenous biodiversity values in the coastal marine area)

Recommended amendments to provisions (Issue 1.3) Rule R193 – River and stream mouth cutting • Delete permitted activity condition (d), “ discharge of contaminants ” • Insert “ and lake ” into the title and Rule of R193. Consequential amendment to Schedule U title, to also refer to lakes.

Recommended amendments to provisions (Issue 2.1) Rule R201 – Dredging for flood protection purposes or erosion mitigation inside sites of significance • Amend the activity status of Rule R201 (dredging for flood protection purposes or erosion mitigation in sites of significance) from “ discretionary ” to “ non-complying ”,

Recommended amendments to provisions (Issue 3.2) Rule R211 - Dumping or storage of waste or other matter • Amend Rule R211 so that dumping or storage of waste is not provided for as a discretionary activity within sites of significance.

Other issues identified in plan – but were determined to be out of scope • Duplication of catch all rules for destruction, damage and disturbance • Providing for maintenance dredging (Rule R202) inside sites of significance as a controlled activity

Matters in contention • Vehicle access • Activity status