Wetlands
Wetland definition – new vs existing • • Under the operative PNRP has specific definitions for “natural Regional Freshwater Plan, wetlands”, “significant natural the definition for wetland is wetlands” & “outstanding the same as in the RMA. natural wetlands” listed under Section 2 of the Plan.
Main differences between operative plans & PNRP • The rules in the PNRP are much more clear about what rules to apply when wetlands are involved. • The PNRP recognizes severity of the loss of wetlands and provides more appropriate and specific protection. • The PNRP provides protection for the land water margin, where the current plans provide none. • The PRNP provides for the introduction of general provisions, which sets a baseline for the permitted activity rules R104 & R105.
Operative Regional Plans Wetted area not Wetted area connected Wetted area not connected connected to river to river system system, but considered a “lake”
The PNRP Rules for wetlands encompasses the wetted and land water margin of the wetland
Structures Operative Plan PNRP • • Structures (including Rule R104 provides for the maintenance) May be creation, maintenance or permitted activity under RFP removal of small 10m² rules 22, 31 or 33. structures in a natural or significant natural wetland as • May be a discretionary activity a permitted activity. under RFP rule 49 • May be permitted if outside wetted area, under section 9 of The Act.
Vegetation and pest control PNRP Operative Plan • Rule R105 provides for planting and • Currently any vegetation removal or pest plant control in natural, planting would all be permitted under significant and outstanding wetlands Section 9 of The Act. as a permitted activity. • The Air Quality plan permits some – Refers to the deliberate hand held spraying over waterbodies introduction of indigenous wetland specifies. where the products are registered for – Only appropriate pest plant use over waterbodies. species are deliberately removed. – Only agrichemicals approved by EPA are used. – Agrichemicals are not applied by aerial spraying – Only hand-held machinery is to be used.
Restoration Operative Plan PNRP • There is no special • Rule R106 specifically recognition of restoration supports restoration in the operative plans, activities as a controlled and therefore restorative activities may need activity, including the consent. waiving of fees for the resource consent.
Structures, discharges & vegetation clearance Operative Plan PNRP • Rule R107 applies to activities in a natural or • Structures greater than 10m² in the wetted area would either be a controlled activity under rule 47, significant wetland as a discretionary activity for: or as a discretionary activity under rule 49. – Otherwise no consent would be required under New structures greater than 10m² section 9 of The Act. – The discharge of contaminants • The discharge of contaminants may be permitted – The clearance of indigenous vegetation under Rule 1 of the RFP (except those listed in appendix 2 which would be non-complying under – Any other activities not meeting rules R104 or rule 6). R105. • The removal of indigenous vegetation would be permitted under section 9 of the Act, or if within the wetted part of the wetland it is permitted under rule 40 of the RFP (except those listed in appendix 2 of the RFP, they would be discretionary under rule 49).
Take, use, dam, divert & disturbance Operative plans PNRP • • The RFP allows for the take and use of up to Rule R108 of the PNRP lists the taking, using, 20,000 l/d as a permitted activity. Anything damming or diverting of water into, within, or from exceeding this needs consent (see below). a natural or significant wetland is a non-complying activity. • Taking, using, damming or diverting water is a • discretionary activity under rule 16 of the RFP, Rule R108 also lists land disturbance (excavation with the exception of wetlands listed in schedule 2, and deposition) or reclamation of a natural or which are non-complying under rules 17 & 18. significant wetland as a non-complying activity. • Disturbance of the land water margin may be a permitted activity under section 9 of the RMA. • Disturbance or deposition of wetted margin would likely be discretionary under rule 49 of the RFP • The reclamation of a wetland is a non-complying activity under rule 50 if it is included in appendix 2, otherwise it is a discretionary activity under rule 49.
Structures & pest plants in outstanding wetland Operative plans PNRP • • Currently the maintenance, repair or Rule R109 lists the following activities in an replacement of existing structures is outstanding natural wetland, as a permitted under rule 22 of the RFP, or discretionary activity: under section 9 of the Act. – Maintenance, repair or replacement of • The removal of an existing structure would existing structures. likely be permitted under rule 33 of the – The placement of new structures of an RFP, controlled under rule R44, or area less than 10m². discretionary under rule 49. – The removal of existing structures. • The removal of pest plants would likely be permitted under rule 40 if taken from the – The removal of pest plants that are not the wetted part of the wetland (unless listed permitted by rule R105 in appendix 2, then would be discretionary under rule 49).
Activities in an outstanding wetland PNRP Operative Plans • The RFP allows for the take and use of up to 20,000 l/p/d as • Rule R110 lists activities in an outstanding natural a permitted activity . wetland as non-complying. Including: • Taking, using, damming or diverting water is a discretionary activity under rule 16, with the exception of wetlands listed in – The discharge of water or contaminants, schedule 2 which are non-complying under rules 17 & 18. – The take, use, damming or diverting water • Disturbance of the land water margin may be a permitted into, within, or from the wetland activity under section 9 of the RMA. – The placement of new structures with an area • Disturbance or deposition of the “wetted” area would likely be discretionary under rule 49 of the RFP of 10m² or greater • The reclamation of a wetland is a non-complying activity – land disturbance & vegetation clearance under rule 50 if it is included in appendix 2, otherwise it is a discretionary activity under rule 49. – Other activities that are not listed under rule R109 or R111). • Discharge of contaminants to a wetland would likely be a permitted activity under rule 1 of the RFP (unless listed in appendix 2, then it would be non-complying activity under rule 6)
Reclamation of outstanding wetland Operative Plans PRNP • Rule R111 lists that reclamation of outstanding • The reclamation of the bed, or any part of the bed, of any lake or river that is included in appendix 2 natural wetlands as a prohibited activity. of the RFP is a non-complying activity under rule 50. • The reclamation of a wetland not listed in appendix 2 (which is considered a “river” or “lake”) would be a discretionary activity under rule 16 of the RFP, and if any disturbance of the bed may be a discretionary activity under rule 49 • The reclamation of the bed of Lake Wairarapa is a prohibited activity under rule 51. • The reclamation of the land water margin part of the wetland would fall under S9 of the Act, and would be a permitted activity.
Issues and observations • Delineations and identifying on site can be complex, however GWRC is continually ground-truthing and updating databases, and upskilling frontline staff to assist landowners. • Wetland vs land water margin (vegetation vs wetted areas) – some landowners think they can do what they want to the land water margin. • Stock exclusion has not been fully embraced, however this is being worked on through the stock exclusion rule (rule R97) with Land Management and landowners.
Issues and observations • Fencing off – uncertainty with boundary (fencing may need consent for disturbance) • Coastal wetlands – issues with stock exclusion – constant erosion • Driving through with quad bikes for access to farms • Spraying – if they cant mechanically clear, they can spray – but only if hand held and not aerial sprayed. • Damp gully head exclusion from definition of natural wetland – lead to confusion
Common enquiries • Digging up a wetland to provide larger areas of ponding and thinking its restoration – needs consent • Removing weeds/vegetation/crack willows by mechanical clearing – needs consent • Removal of silt/sludge from the wetlands – needs consent • Discharging into a wetland as a treatment measure – needs consent • Digging channels for drainage – needs consent.
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