Section 32 report: beds of rivers and lakes

Transcription

1 Section 32 report: beds of rivers and lakes For the draft Natural Resources Plan For more information, contact the Greater Wellington Regional Council: Wellington PO Box T F Masterton PO Box 41 T F # September regionalplan@gw.govt.nz

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3 Contents 1. Overview and purpose Legislative background Report methodology 1 2. Resource management issues Issue 1: Adverse effects of activities on the beds of rivers and lakes Issue 2: Flooding and erosion risk 3 3. Regulatory and policy context National level National Policy Statement for Freshwater Management (2014) Regional level Regional policy statement Regional Freshwater Management Plan Draft Plan 5 4. Summary of the appropriateness of the objectives Draft objectives Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Objective RP Conclusion Summary of the appropriateness of the policies, rules and methods Reclamation or drainage of rivers and lakes Management of gravel extraction Catchment based flood and erosion control activities Management of vegetation in the beds of rivers and lakes Drains Protecting the habitat of trout Other rules and methods for structures in the beds of rivers and lakes General conditions Other activity specific rules Bibliography 24

4 Appendix A 25 Table 1: Issues 25 Table 2: Assessing the appropriateness of the objectives 26 Table 3: Identifying alternative policies and methods (rules and other methods) 28

5 1. Overview and purpose This chapter is the analysis of the appropriateness of the draft objectives, polices and methods for activities in the beds of rivers and lakes contained in the draft Plan. This should be read in conjunction with the introduction to the section 32 reports which evaluate several policies regarding water quality and ecosystem health in order to understand the context and principles for the development of the policies, rules and other methods discussed in this evaluation report which seek to manage activities in the beds of rivers and lakes. 1.1 Legislative background Section 13 of the Resource Management Act 1991 (RMA) imposes certain restrictions on the uses of beds of lakes and rivers, and certain activities, such as, erecting, or demolishing any structure in, on, under or over the bed, or is not permitted unless there is a rule in a regional plan or resource consent allowing the activity to take place. Wellington Regional Council s (WRC) approach to the management of activities in the beds of rivers and lakes is guided by sections 5 and 13 of the RMA, and by the Regional Policy Statement for the Wellington region (RPS). The policy direction of the National Policy Statement for Freshwater Management (2014) (NPS-FM) to ensure that the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems, of fresh water are safeguarded is also relevant to the WRC s approach. The NPS-FM recognises that fresh water is essential to New Zealand s economic, environmental, cultural and social well-being, and directs local authorities to establish a framework within which fresh water resources can be managed in an integrated and sustainable way including by setting and achieving fresh water objectives. The draft provisions for the management of activities in the beds of lakes and rivers have been designed to ensure that they contribute to the freshwater objectives set out in the draft Plan. The operative Regional Policy Statement for the Wellington region (RPS) identifies a range of activities in the beds of rivers and lakes that, if poorly managed, can impair ecosystem function. For example, filling in gullies or ephemeral streams and straightening or piping small streams; removing streamside vegetation or introducing noxious and invasive weeds; and undertaking works in rivers, particularly in low flows. The draft objectives, policies rules and methods to manage activities in the beds of lakes and rivers have been guided by the RPS policy direction which promotes a policy framework that discourages reclamation activities, and the piping, straightening and the concrete lining of rivers; discourages the removal or destruction of indigenous plants in lakes; and maintains fish passage. 1.2 Report methodology Section 32(2) of the RMA states: (2) An assessment under subsection (1)(b)(ii) must V1 PAGE 1 OF 51

6 (a) identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for (i) economic growth that are anticipated to be provided or reduced; and (ii) employment that are anticipated to be provided or reduced; and (b) if practicable, quantify the benefits and costs referred to in paragraph (a); and (c) assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions This section of the report is a discussion about the methodology chosen to evaluate the extent to which the draft provisions (policies, rules and other methods) are the most effective and efficient means of achieving the draft objectives. The discussion will focus on how WRC identified and assessed the benefits and costs of the full range of the effects anticipated from the implementation of the provisions; explain the degree to which the benefits and costs have been quantified, and where quantification has been undertaken the methodology employed; and whether and how the monetisation of costs and benefits has been undertaken. The nature of the RMA for the management of activities in the beds of rivers and lakes is restrictive in that a range of activities are not permitted unless there is a rule in a regional plan, or resource consent, permitting the activity. It is necessary for the Regional Council to include rules in the draft Plan to avoid the community having to incur unnecessary and unreasonable costs securing resource consent for a wide range of everyday or necessary activities. This is the common sense approach expected by our community, and one that automatically reduces compliance costs for the community and carries a range of benefits to people living and working in the region. The Regional Council does not consider it necessary, helpful, or proportionate to quantify or monetise these baseline costs and benefits. The draft objectives and provisions generally establish an enabling management framework supported by performance standards. These standards are based on good quality local, regional and national evidence, developed in line with industry best practice, and where appropriate, tailored to specific activities. Costs incurred by industry, landowners and stakeholders such as the Regional Council to conform to permitted activity standards are considered proportionate to the wider environmental benefits that the good management of activities in the beds of lakes and rivers will bring, for example protecting water quality for a variety of consumptive and non-consumptive uses. Where the Regional Council has good quantitative or economic data, for example for the costs of monitoring and enforcement of activities in the beds of lakes and rivers in the region, this has been used to illustrate the appropriateness of draft provisions. PAGE 2 OF V1

7 2. Resource management issues There are two significant regional resource management issues relating to the management of activities in the beds of rivers and lakes. The relevance and significance of these issues is discussed below. An Issues Table summarising the discussion is included in Appendix A, Table 1 to this report. 2.1 Issue 1: Adverse effects of activities on the beds of rivers and lakes Activities in the beds of rivers and lakes that are not well managed can have adverse effects on the natural character, mahinga kai and ecosystem health and function of rivers and lakes. Use and development can have adverse effects on the natural character, mahinga kai and ecosystem health and function of rivers and lakes. The natural character of rivers and lakes includes such matters as dynamic natural and physical process, landscapes and geological features. Activities in river and lake beds that alter natural character, mahinga kai and ecosystem health and function include: Filling in gullies and ephemeral streams and straightening Reclaiming or piping streams; lining stream banks and beds with concrete Removing river and stream bank vegetation. 2.2 Issue 2: Flooding and erosion risk Inappropriate activities in the beds of rivers and lakes may exacerbate flooding and erosion risk. Communities rely on existing flood mitigation works for a high level of protection from the risks of flooding and erosion. Uses of river or lake beds use can increase the risk of flooding and erosion on existing flood protection works and on properties beyond river or lake beds. Such uses of river and lake beds with potential to exacerbate flooding and erosion risks include: Placement of structures that dam or divert water onto neighbouring land Deposition of material (e.g. storage of material in the river bed) which can divert flood waters Disturbance of the bed in a way that accelerates erosion of river banks 3. Regulatory and policy context 3.1 National level National Policy Statement for Freshwater Management (2014) A National Policy Statement is an instrument available under the Resource Management Act 1991 (RMA) to help local government decide how competing national benefits and local costs should be balanced V1 PAGE 3 OF 51

8 The National Policy Statement for Freshwater management (NPS-FM) is of particular relevance in respect of this evaluation report as it supports improved freshwater management in New Zealand by directing regional councils to establish objectives and set limits for fresh water in their regional plans. Recent amendments to the NPS give regional councils specific direction on how this should be done. The overarching objective of the NPS-FM is that overall freshwater quality within a region must be maintained or improved. It sets national bottom lines for two compulsory values ecosystem health and human health for recreation and minimum acceptable states for other national values. The NPS-FM also acknowledges iwi and community values by recognising the range of iwi and community interests in fresh water, including environmental, social, economic and cultural values. 3.2 Regional level Regional policy statement One of the significant regional management issues facing the region is that the ecosystem function of some rivers, lakes and wetlands has been impaired, with some wetland and lowland stream ecosystems coming under particular pressure. Many activities in the beds of rivers and lakes, such as works in rivers in low flows, and filling in gullies and ephemeral streams, can contribute to poor ecosystem function. Habitat diversity is essential for aquatic ecosystems to survive and be selfsustaining. Policy 18 from the operative Regional Policy Statement (2013) directs regional plans to include policies, rules and other methods to protect the aquatic ecological function of water bodies, which is through a combination of the promotion of activities beneficial to habitat diversity, such as the protection and reinstatement of riparian habitat and the retention of natural features such as pools, riffles, runs and natural form of rivers; and the discouragement of activities that may degrade or destroy river and lake habitats, for example the discouragement of reclamation, piping or straightening of rivers. Other policies within the RPS, such as establishing management purposes for surface water bodies (Policy 12) recognise the necessity for the integrated management of the uses of land and water uses to reaches stated environmental outcomes in respect of freshwater and have thus provided strategic guidance to the development of the draft provisions discussed in this report Regional Freshwater Management Plan The operative Regional Freshwater Management Plan (RFMP) for the Wellington region identifies several issues in respect of the use of beds of rivers and lakes and the development of the flood plain. These include recognising that the continued use of structures and the development of new structures plays an important role in the social, cultural, environmental and economic wellbeing of the region. However, the structural integrity and safety of structures in these locations can be adversely affected by erosion and flooding, and poorly sited or designed structures can exacerbate the risks of flooding and erosion, and undermine the effectiveness of flood protection structures downstream. PAGE 4 OF V1

9 The operative Plan also identifies that locating structures and carrying out other activities in river and lake beds can adversely affect the natural and amenity values of a water body, including the permanent loss of habitat and changes in the flow regime through diversion or the restriction of river flows. Reclamation is also identified as a significant resource management issue in the region, as it can damage and in some cases remove aquatic habitat, reducing species diversity and the ability of aquatic ecosystems to be self-sustaining. The planting or introduction of exotic or indigenous plants in lake and river beds is also recognised as requiring careful management to avoid adverse effects such as the smothering of native species and alteration of the water table. The operative plan permits a range of activities in the beds of rivers and lakes, such as the maintenance of existing structures; culverts, weirs, fords and small bridges in intermittently flowing streams; small dams; and the laying of pipes, ducts and cables across intermittently flowing streams subject to performance criteria and conditions. These conditions are intended to ensure that such works minimise the release of sediment and contaminants into the waterbody, and result in less than minor environmental effects. Reclamation is a discretionary activity in the region, except for the reclamation of the beds of lakes and rivers of high natural character (as identified in operative Policy and Appendix 2 of the Operative Plan) which is classified as a non-complying activity. The reclamation of Lake Wairarapa is a prohibited activity in the operative Regional Freshwater Plan Draft Plan The draft provisions for the management of activities in the beds of the region s rivers and lakes are set out in Appendix A of this report. The draft Plan seeks to ensure that the framework within which activities in the beds of rivers and lakes are managed reasonably provides for a range of activities that have social, environmental and economic benefits, but which also reflects and responds to the current understanding of the potential adverse effects of the activities. The content of the draft Plan provisions is similar in some respects to that of the current provisions to manage the activities in the beds of rivers and lakes in the RFMP. However, in revising the provisions, Wellington Regional Council has taken the opportunity to rationalise and consolidate a number of permitted activity performance conditions that are common to a range of permitted activities in this section of the Plan. This will benefit plan users as it will make the requirements of the Plan more accessible and the Plan easier to use. A key change in this part of the draft Plan compared to the operative plan is that the draft provisions, including the General Conditions and conditions specific to the activities provided for, reflect the values approach and the principle of integrated management both of which are critical to the Plan s organising structure and intended management outcomes. (a) Reference to other evaluation reports This is important if the evaluation report should be read in conjunction with other reports V1 PAGE 5 OF 51

10 1. Section 32 report: water quantity 2. Section 32 report: water quality 3. Section 32 report: indigenous biodiversity 4. Section 32 report: recreation and public access 4. Summary of the appropriateness of the objectives Section 32(1)(a) requires that an evaluation report must examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of the Act. The appropriateness test we have applied consists of four standard criteria: relevance, usefulness, reasonableness and achievability. These criteria can be summarised as follows: Relevance is the objective related to addressing a resource management issues? Will it achieve one or more aspects of the purpose and principles of the Resource Management Act? Usefulness will the objective guide decision-making? Does it meet sound principles for writing objectives? Reasonableness what is the extent of the regulatory impact imposed on individuals, businesses or the wider community? Achievability can the objective be achieved with tools and resources available, or likely to be available, to the local authority? 4.1 Draft objectives There are a number of principle objectives, the achievement to which the draft provisions directly contribute. This is: Objective RP.O12 The provisions, in seeking to ensure that activities in the beds of rivers and lakes are reasonably managed so as to avoid adverse effects on aspects of our environment such as indigenous biodiversity and natural character, also indirectly contribute to a range of other objectives draft in the draft Plan. A brief description of each of the draft objectives is provided below. Appendix A, Table 2 provides a summary evaluation of the appropriateness of the draft and operative objectives against all four criteria discussed above Objective RP.03 Mauri is sustained and enhanced, particularly the mauri of fresh and coastal waters This objective represents the primary interest of mana whenua who are seeking to enhance, not just maintain, the mauri of fresh water as the fundamental PAGE 6 OF V1

11 source of wellbeing for the region. In this respect, this objective is in alignment with their role as kaitiaki in draft Objective RP.O11. The objective is intended to guide decision making by ensuring that the mauri of the region s natural resources, particularly our fresh and coastal water resources, should be enhanced and not be further degraded; and that consideration is given to the relationship mana whenua have with the natural environment when activities that may have an adverse impact on the mauri of the natural environment. Māori consider all things in the natural world to have mauri (life force) and wairua (a spiritual dimension). Each of the rivers in the region has its own mauri. The mixing of water from two different sources such as two different rivers or water that contains or has contained human, animal, toxic or industrial waste is considered counterproductive to a river s health and jeopardises that waterway s mauri. Mauri is a principle and fundamental objective that links mana whenua roles, values and aspirations as kaitiaki with resource management practice and measurement of the health of the environment. Mana whenua determine the mauri of the region s water through their role as kaitiaki and their ability to sustain attendant values including mahinga kai, wāhi tapu and wāhi tupuna/tipuna. In this way the objective of sustaining and enhancing the mauri of the region s freshwater must be seen as integral to the plan as a whole and particularly contingent on the implementation of other Maori objectives and attendant polices. Mauri is addressed directly in Objective RP.O54: Discharges of wastewater containing human effluent to fresh water and coastal water avoid the adverse effects on mana whenua and community values. The associated Policy LW.P77 wastewater discharges require that community wastewater systems discharge to land. The policy also emphasises consultation with mana whenua in identifying other mechanisms for reducing the impact of wastewater on the mauri of fresh water. By enhancing the relationship of mana whenua with the region s natural resources, these objectives will give effect to section 6 and 7a of the Act and its purpose Objective RP.012 The intrinsic values of aquatic ecosystems are recognised and water is respected for its life supporting capacity. This objective expresses one of the key environmental aims of the draft Plan. With respect to activities in the beds of rivers and lakes, the draft provisions seek to ensure the achievement of the objective through managing the design, construction and maintenance of structures so as to ensure that the intrinsic values of the region s aquatic ecosystems are protected, and the life supporting capacity of water is respected and protected. This is achieved largely through the enabling certain activities subject to compliance with permitted activity conditions and general conditions, and through the restriction of activities acknowledged to have the potential for significant harm to aquatic ecosystem V1 PAGE 7 OF 51

12 health, for example reclamation in the bed of Lake Wairarapa, which is proposed to be a prohibited activity in the draft Plan Objective RP.010 Māori relationships with land and water are recognised and adverse effects on these relationships are minimised. This objective restates requirements and expectations for Māori relationships with land and water specified in RMA (sections 6(e) and 6(g)), the NPS-FW (Objective and Policy D1) and RPS (Objective 15 and Policies 21, 22 and 46). The draft objective requires regulatory authorities and applicants to inform themselves of and better understand Māori relationships with the environment and to provide for them in resource management processes, activities and decision making. RP.O10 is closely linked to RP.O3 and RP.O11. Māori relationships with air, land and water are traditionally connected to people s identity and wellbeing. The environment is not seen as a separate entity, but something intrinsically linked to people. Mana whenua of a given area enact their authority over the land and water to ensure that the mauri of their environment is supported in accordance with their kaupapa (principles) and tikanga (practices). Lack of recognition of Māori perspectives, values, roles and relationships in resource management has driven implementation of new national policy and treaty settlement legislation to provide redress. The draft objective requires regulatory authorities and applicants to inform themselves of and better understand tangata whenua relationships with the environment and to provide for them in resource management processes, activities and decision making. The RPS makes it clear that the identification of places, sites and areas with significant spiritual or cultural historic values to tangata whenua rests with iwi, hapū, whanau and marae in accordance with their kaitiakitanga responsibilities. For this reason, the ongoing successful implementation of policies, rules and methods required for the achievement of this objective is also intrinsically related to the implementation of policies and methods to achieve Objective RP.011, Kaitiakitanga Objective RP.012 Natural and physical resources, as a minimum, are managed to: a) Safeguard aquatic ecosystem health and mahinga kai, and b) Provide for contact recreation and tangata whenua use, and c) In the case of fresh water, provide for the health needs of people. The objective states the intended outcomes for the management of natural and physical resources in the region. In combination with objectives related to specific management outcomes for water and land resources, including those generated through the Whaitua process, this objective will assist in guiding effective decision-making. The draft provisions evaluated in this report seek to PAGE 8 OF V1

13 achieve this objective through providing clear guidelines for the design, construction and maintenance of activities and structures in the beds of rivers and lakes to ensure that adverse environmental effects are less than minor and important in-stream values are maintained and protected. The provisions also establish a more restrictive management framework where activities, such as reclamation, are known to result in adverse effects on ecosystem health Objective RP.015 The risk, residual risk and adverse effects from natural hazards and climate change on people, the community and infrastructure are reduced. (see Section 32 report: hazard report Objective RP.020 The natural character of the coastal environment, natural wetlands, lakes and rivers and their margins is managed to protect areas of high natural character in the coastal environment and maintain and enhance natural character in all other areas. This objective intends to protect natural character (including high natural character) in different environments from activities which can affect the values and attributes of natural character. This objective responds to the issue of activities continuing to degrade natural character in the coastal environment. Activities in the beds of rivers and lakes, such as the construction and ongoing maintenance of structures and reclamation, have the potential to degrade the natural character rivers and lakes and their margins. The draft policies, rules and other methods discussed in this evaluation report provide a framework within which activities can be managed to as to contribute to the achievement of this objective. This is largely through the enabling certain activities subject to compliance with permitted activity conditions and general conditions, and through the restriction of activities acknowledged to have the potential for significant harm to values such as natural character, for example reclamation in the bed of Lake Wairarapa, which is draft to be a prohibited activity in the draft Plan Objective RP.021 The quality, diversity and connectivity of habitat in rivers and lakes and their riparian margins, natural wetlands and the coastal marine area, is maintained and enhanced. (See section 32 report; water quality) Objective RP.023 The habitat of trout identified in Schedule I is maintained and improved. Objective RP.22 seeks an outcome of maintaining and improving the habitat of trout in Schedule I. Section 7(h) of the RMA requires particular regard to be given to the habitat of trout. The objective is an appropriate means of implanting the requirement of the Act for the habitat of trout in the Wellington region. It provides for important habitat for trout to be identified in schedule I V1 PAGE 9 OF 51

14 and managed for specific aspects of water quality and quantity, habitat configuration, fish passage and spawning Objective RP.026 Sites with significant tangata whenua values are protected and restored. (See Section 32 report: sites with significant values) Objective RP.027 Significant historic heritage values are protected from inappropriate modification, use and development. (See Section 32 report: sites with significant values) Objective RP.025 Ecosystems and habitats with significant indigenous biodiversity values are protected and restored. The region s indigenous ecosystems have been significantly reduced in extent, and the remaining indigenous ecosystems continue to be degraded or lost through use and development, and through the incremental and cumulative impacts of human activities. Indigenous species that rely on these ecosystems face increasing pressure from the loss and degradation of habitat. The reclamation or drainage of the beds of rivers and lakes can have irreversible harmful impacts on indigenous biodiversity values. Draft policy LW.P49 and associated provisions contribute to the achievement of this objective by establishing a framework whereby the effects of such activity can be scrutinised and assessed by decision makers and the wider community. In the case of Lake Wairarapa, an extremely sensitive and high valued environment in the region, reclamation activity is prohibited. The draft General Conditions for permitted activities in the beds of rivers and lakes also seek to contribute to the achievement of the objective by providing for the protection of indigenous biodiversity values itemised in the Schedules accompanying the draft Plan, and discouraging construction, design and maintenance methods or practices that could undermine the integrity of ecosystems and habitats Objective RP.030 Vegetated riparian margins are established and maintained. Riparian management can help contribute towards the reduction of sediment entering a waterbody, reduce streambank erosion and flood damage, and enhance habitat for aquatic species. The draft provisions evaluated in this report seek to contribute to the achievement of this objective through the management of activities such as the construction, design and maintenance of structures in the beds of rivers and lakes that can result in adverse effects on the extent and health of vegetated riparian margins. The provisions also directly influence the planting and removal of vegetation in the beds of lakes PAGE 10 OF V1

15 and rivers through draft policy LW.P52 and the establishment of conditions to guide and manage such activities Objective RP.029 There are no new barriers to fish passage and the passage of indigenous fish is restored where appropriate. The intention of this objective is to prevent the creation of barriers to the passage of indigenous migratory species within the region s rivers and streams being both physical structures such as dams and perched culverts, and the contamination of waters. Secondarily, the passage of indigenous aquatic species should in some circumstances be restored where it is currently blocked. It is not appropriate to remove all current barriers to fish passage however, as some barriers are keeping populations of certain species safe from their predators. Several of the draft provisions discussed in this evaluation report contribute to the achievement of this objective, particularly draft policy LW.P49 and associated provisions which promote the careful management of reclamation activities so as to maintain and restoring fish passage. The protection of fish passage is also an explicit requirement in the draft General Conditions for a range of permitted activities provided for in this part of the draft Plan Conclusion The draft objectives seek to address the shortcomings of the operative provisions, and create clear and efficient policy tools with which decision makers and plan users can assess proposals for activities in the beds of rivers and lakes. The assessment of the draft alternative objectives in Appendix A, Table 2 shows the following: The draft alternative objectives are relevant as they: Give appropriate effect to the regional policy statement and aid in giving effect to the NSPFWM Use language and terminology that is consistent with the Resource Management Act, the regional policy statement, and the NPS-FM Reflect and respond to the values approach adopted in the draft Plan Reflect current scientific research and data The draft objectives are useful in achieving the purpose of the Act as they are: Consistent with the guidance and direction provided in the regional policy statement and the NPS-FM Provide decision makers with a suite of assessment tools that will enable consistent and comprehensive consideration of the full range of V1 PAGE 11 OF 51

16 environmental effects associated with activities in the beds of rivers and lakes The assessment summarised in Appendix A Table 2 also shows that the draft objectives incorporate the relevant considerations of the operative objectives, but in a manner that is more efficient and comprehensive than the suite of operative objectives. The objectives discussed above and as detailed in the draft Plan are considered to be more relevant and useful in achieving the purpose of the Act, and it is proposed that they replace existing operative objectives. 5. Summary of the appropriateness of the policies, rules and methods The discussion of the appropriateness of the policies and methods to achieve the objectives has been organised according to the type or nature of activity in the beds of lakes and rivers they are seeking to address. The areas are: Reclamation or drainage of rivers and lakes; The management of gravel extraction; Managing the risk of flooding and erosion; Managing vegetation in the beds of rivers and lakes, including the management of drains; and Other rules and methods for the management of structures in the beds of rivers and lakes. Table 3, Appendix A provides a summary of the reasonably practicable options for achieving the objectives and the purpose of the Act. The following sections below undertake a more detailed analysis of the appropriateness of the objectives, policies and methods, including rules, of the preferred option in each case. 5.1 Reclamation or drainage of rivers and lakes The reclamation or drainage of rivers and lakes is the subject of draft Policy LW.P49. The adverse effects associated with reclamation and drainage activities, including the piping of rivers and streams, include the complete loss of habitat, natural character, mauri and other values associated with waterbodies. This continues to occur, particularly in urban environments to facilitate the subdivision of land for residential development, and large infrastructure projects. 1 The potential adverse environmental effects that can be associated with reclamation and drainage activity negatively impact on a range of environmental, cultural and social values. The structure of the draft objectives and the relationship of draft Policy LW.P49 with those objectives will contribute to the achievement of a range of objectives. The relationship 1 Summer Greenfield, [name of report], [details]. PAGE 12 OF V1

17 between Policy LW.P49 and the draft Plan objectives in shown in the table below, as is the relationship with the draft rules and methods intended to implement the policy. Objectives: Policies: Rules: Method: RP.03 Mauri RP.04 Intrinsic values RP.010 Tangata Whenau relationships RP.012 Management of natural and physical resources RP.015 Natural Hazards RP.018 Ecosystem health and mahinga kai RP.021 Habitat RP.025-R.027 Sites with significant values RP.032 Fish passage RP.037 Natural character Policy LW.P106: Reclamation or drainage of rivers and lakes Rule LW N/A Policy in the operative RFMP acknowledges that reclamation results in the destruction of the part of lake, river or wetland reclaimed. Under the Operative Plan, reclamation is a discretionary activity, except in instances where it is proposed in rivers of high natural character, in which case it is a non-complying activity, or in respect of Lake Wairarapa, when it is categorised as a prohibited activity. In reviewing the operative policy approach, consents staff in particular expressed concern that the existing policy is too weak a tool against which to assess applications for, or involving, reclamation and drainage of the beds of rivers and lakes, and with which to prevent adverse effects such as the complete loss of habitat, natural character, mauri and other values associated with waterbodies. In response to the continued adverse environmental effects associated with the implementation of the operative Plan policy, a more directive alternative policy, Policy LW.P106, is proposed. The premise of the policy is that reclamation or drainage is to be avoided in the beds of rivers, lakes and wetlands. However, the policy also recognises that reclamation in limited circumstances may be appropriate, for example in relation to schemes such as flood control and mitigation measures that provide significant benefits to the community; where the adverse effects can be appropriately avoided, remedied, mitigated or offset; or where the reclamation or drainage is of an ephemeral flow path. The term ephemeral flow path is defined in the draft Plan, and its inclusion here has been designed to ensure that those waterbodies that might meet the RMA definition of a river but which do not include the types of values this policy is trying to protect, are not captured in the inappropriate use and development test of the policy. The draft reclamation policy contributes to the achievement of a number of draft objectives, including those that recognise the importance of maintaining V1 PAGE 13 OF 51

18 and restoring the natural character of the region s waterbodies and preserving the habitats of our indigenous aquatic species. The policy enables the careful management of reclamation activities so as to ensure the achievement of objectives with specific outcomes, such as maintain and restoring fish passage and managing land use activities in such a way as to minimise adverse effects on waterbodies. The draft rule structure is similar to that of the operative plan. But, the manner in which the activity statuses area applied reflects both the more directive nature of the policy framework, and the underlying approach to the prioritisation of a range of cultural, environmental and social values identified in the draft Plan. Compared to the operative Plan, the draft Plan extends a greater level of regulation, and therefore greater oversight of and protection from the adverse effects of reclamation and drainage, to potentially more river and lake locations. For example, in locations where lakes or rivers are identified in Schedule C, tangata whenua values, or Schedule F, indigenous biodiversity values, or where the river is identified as an outstanding waterbody in Schedule A1, reclamation of the bed is a non-complying activity (Rule LW.R125). Prohibited status is proposed to apply to the reclamation of the bed, or any part of the bed, of any outstanding lake identified in Schedule A2, outstanding lakes (Rule LW.R126). The reclamation of the bed of any lake or river outside of the scheduled areas identified in Rules LW.R125 and 126 is a discretionary activity. Policy LW.P106 and the rules structure provides a robust framework within which decisions regarding the appropriateness of reclamation activities can be made effectively. It is intended to prevent the continuing loss of important values associated with waterbodies. Associated policies supporting the identification, protection and enhancement of values identified in the Schedules relevant to reclamation activities ensure the overall policy framework against which such activities will be assessed and determined is robust and in alignment with the objectives and environmental outcomes anticipated by the draft Plan. It is understood that establishing a regulatory framework that seeks to avoid reclamation and drainage is associated with potential increase in development costs, some of which may be perceived rather than actual. In some circumstances, the retention of natural features such as rivers and streams within residential developments may attract a premium per lot. The potential increase in development costs to prevent the destruction of important values associated with natural waterbodies is balanced against the costs incurred in trying to daylight already piped waterbodies, or employing other methods to re-establish natural values. It is expected that the results of this policy being implemented will be felt quite rapidly. Bearing in mind that the policy does not prohibit reclamation or drainage (except in respect of Lake Wairarapa), it will be considered effective if the quantum of streams being piped declines rather than halts entirely. The policy has been structured to enable effectiveness to be measured, for example, through the monitoring of resource consents and conditions. PAGE 14 OF V1

19 In seeking to address the decline of biodiversity and other values associated with streams and rivers in the region through reclamation and drainage activities, Council considered applying a universal prohibited to all, or applying a non-complying status to general reclamation activities. However, this was considered to be unreasonable given that on some occasions there are good reasons why reclamation or drainage is appropriate, as reflected in the principle policy LW.P Management of gravel extraction Gravel extraction is an activity that is necessary for flood management, and provides a resource that many in the region like and need to utilise, for road building, track maintenance and other similar uses. Managed appropriately, the activity can have many environmental, social and economic benefits with little adverse environmental impact. Draft Policy LW.P50 seeks to contribute to the achievement of three draft objectives of the draft Plan, which are set out in the table below. The provisions framework acknowledges the economic and social importance of the resource by enabling its managed use within transparent environmental parameters. Objectives: Policies: Rules: Method: RP.012 Management of natural and physical resources RP.015 Natural Hazards RP.037 Natural character Policy LW.P107: Management of gravel extraction Rule LW.R117, Rule LW.R123 N/A The Operative Regional Freshwater Plan recognises the usefulness of the resource and establishes a permitted activity threshold for small scale extraction (15m 3 for individual needs, and 50m 3 for use on the property on which the river bed occurs or to which it is adjacent). Extraction above those thresholds is categorised as a discretionary activity. The draft policy and rules structure maintains the existing enabling approach. However, the policy framework has been strengthened to ensure that gravel extraction is managed to achieve the explicit goals of maintaining the gravel balance in our waterbodies, and ensuring that gravel extraction does not result in increased flooding and erosion risk either further downstream, or at the extraction site. The overall approach to the gravel resource is in accordance with the fundamental management outcomes sought by Objective RP.012 which include managing the region s natural and physical resources to safeguard aquatic ecosystem health and mahinga kai. Draft Policy LW.P107, in particular clauses (a) and (b), is also closely aligned to the outcomes sought by draft Objective RP.015 which seeks to reduce the risk and adverse effects associated with natural hazards (Objective RP.015), in this case flooding and erosion risk. The draft policy and rule structure also helps to achieve Objective RP.037, which seeks to maintain and restore the natural character of lakes, rivers and their margins V1 PAGE 15 OF 51

20 The Council propose to adopt the same enabling approach in the draft Plan as monitoring and evaluation of the existing policy illustrates that it is working well. The implementation of the operative policy also demonstrates that the small theoretical risk of a high number of individuals extracting gravel in accordance with the permitted activity conditions in the same time period is highly unlikely to eventuate. The opportunity has been taken to review the permitted activity conditions for gravel extraction. For example, a proposed additional condition for permitted activity status is that extraction in any 12 month period from the Hutt River be limited to 1m 3 and must be collected by non-mechanical means. This draft new condition is proposed because the Hutt River is very accessible and close to the large population bases of Lower Hutt and Upper Hutt cities. The Hutt River is also very carefully managed for flood management purposes and contains a large number of structures to control flood and erosion, managed by the regional council. A large population taking a larger permitted amount of gravel in a river environment that requires careful and responsive management could have adverse effects on river control structures put in place to reduce the risk of flooding and erosion. A smaller permitted extraction will still allow for individuals to access and use the gravel resource, but reduce the risk of cumulative impacts. Additional rule-specific conditions are also proposed throughout the region which apply greater control over the depth to which gravel extraction can take place in order to ensure that river bed and bank stability is not compromised, and flood and erosion activities and measures are not undermined. Gravel extraction activities are also managed by way of the General Conditions. The adherence to these conditions will ensure that ecological values and their management outcomes represented by the draft Schedules, such as Schedule C1, native fish spawning habitat, and Schedule N, trout spawning habitat, are not undermined through permitted gravel extraction activities. In adhering to the revised permitted activity conditions, some domestic stakeholders may perceive a regulatory burden associated with the revised site and extraction management requirements. However, the draft conditions are not unduly onerous given the importance of the values they seek to protect, but instead may require a change in behaviour and a better appreciation of the potential adverse effects that can be associated with poorly managed gravel extraction activities. The Council s Flood Protection department are the key stakeholder in respect of this policy. The department manages gravel extraction in rivers it manages for flood and erosion control purposes. Typically, Flood Protection holds global gravel extraction consents for a whole river and license others to undertake the extraction. Flood Protection report that this system works well and in accordance with the anticipated environmental outcomes of the policy. It is an approach that can continue under the draft provisions regime. PAGE 16 OF V1

21 Many of the newly introduced permitted activity conditions also indicate the conditions of consent that may be applied to discretionary gravel extraction activity. This could result in a perception by large-scale operators operating under licence from the Council that the regulatory burden has increased, and which may translate into an actual increase operating costs for some gravel extractors. However, these are considered to be modest and must be appreciated as part of a management framework that contributes to the effective strategic management of freshwater resources overall. The benefits that are anticipated to accrue to environmental, social, cultural and economic outcomes and objectives through effective and sustainable management of the gravel resource outweigh any perceived or actual costs associated with the implementation of the provisions. Council considered developing a more complicated permitted activity regime, on the basis of permitting small amounts of gravel to be extracted on small rivers, and larger amount on the bigger rivers in our region where more is required to be extracted to manage the flood and erosion profile of the waterbody. However, during the development cycle of the Plan, there was insufficient information to generate a policy that would result in the desired environmental outcomes. Furthermore, it was considered unnecessary to incur the cost, time and resources to collating and analysing the data that would be necessary to develop such an approach given the current policy is considered to be working well and in accordance with anticipated outcomes. Council also considered developing specific guidance establishing sustainable gravel takes on some of the region s bigger rivers to provide the resource and to manage the river in terms of flood and erosion control and other values. The policy would operate on the same principle as a water take allocation, for example, directing that there are XXXm3 of gravel available to be extracted on the Waiohine River, after which threshold is reached no more extraction can take place. Flood Protection were consulted on this approach, but considered that it was not necessary, given the successful implementation of the existing policy. 5.3 Catchment based flood and erosion control activities It is the task of the Wellington Regional Council's Flood Protection group to work with communities to manage flood risk from the region s rivers and streams. The group undertakes research, consultation and data collection and analysis to understand the processes affecting a river/stream and its floodplain within a wider catchment, and to provide a coordinated response through floodplain management plans (in partnership with the community) to reduce the impact of flooding. The physical work in the beds of rivers and lakes that is undertaken by the Regional Council to implement river management schemes or flood plain management plans is acknowledged as being of considerable benefit to the wider community, contributing to the economic and social wellbeing of communities potentially affected by flooding and erosion activity in our river catchments. The draft Plan defines catchment based flood and erosion control activities as structures built, controlled or maintained by a local authority and associated activities for the purpose of protecting the community from flood or V1 PAGE 17 OF 51

22 erosion risk in accordance with a river management scheme or flood plain management plan. Draft Policy LW.P51 acknowledges the benefits associated with catchment based flood and erosion control activities by seeking to protect them from the effects of third party activities, for example causing water to be diverted out of the bed and onto neighbouring land which can cause direct flooding, or causing the scour and erosion of the bed downstream of the structure. The policy contributes to the achievement of Objective RP.015 which states that the risk, residual risk and adverse effects from natural hazards and climate change on people, the community and infrastructure are reduced. The relationship between Policy LW.P51, Objective RP.015 and related provisions is set out in the table below. Objectives: Policies: Rules: Method: RP.015 Natural Hazards Policy LW.P108: Effects of catchment based flood and erosion control activities General Conditions paragraph 4.4.7, Rule LW.R123 N/A There are no specific rules associated with this policy. The policy s management principles are however represented in the General Conditions for activities in the beds of rivers and lakes that apply as specified to a range of permitted activities. For example, sub-clause (j) requires that all reasonable steps be taken to minimise the duration of the diversion of water, and that any diversion channel have sufficient capacity to carry the same flow as the original channel so as to not cause flooding and erosion of any neighbouring property. Sub-clauses (k), (l) and (m) also require resource users to manage activities or structure design in order to ensure that the flooding of neighbouring property does not result, rivers are still able to convey flood flows, and the natural cause of a river is not altered. The General Conditions provide a management framework for permitted activities. The draft policy is intended to be implemented on a case-by-case basis through the assessment of the potential and actual adverse effects associated with a range of activities that trigger a consent through noncompliance with permitted activity conditions, which include compliance with the General Conditions. It provides a clear (and necessarily low) threshold of tolerance for the creation of adverse effects by activities on catchment based flood and erosion control activities, but ensures that owners of such flood and erosion structures, or those contracted by owners, are able to undertake works necessary to ensure the structures are appropriately maintained. The approach is not dissimilar to the operative Regional Freshwater Plan, particularly Policy which set out the appropriate uses within lakes and river beds, and Policy which lists the characteristics and uses of rivers and lakes that should not be significantly affected by appropriate uses. For example, the appropriate use of rivers and lakes should not, according to Policy 7.2.2, have significant adverse effects on flood hazard, and other values and PAGE 18 OF V1