Unitary Plan - Biodiversity

Unitary Plan - Biodiversity

Today s Presentation Key biodiversity objectives and policies Focus on terrestrial Significant Ecological Areas (SEAs) Rules Key differences in rules from legacy plans Implications of changes to RMA

Overview Biodiversity Objectives and Policies Most biodiversity objectives and policy at RPS level: Biodiversity 2.4.3.4 Coastal 2.7 Waitakere Ranges 2.4.3.5 Trees and Vegetation 2.4.3.3 Some at Regional/District Plan level Auckland Wide Vegetation Management 3.1.3.15 Auckland Wide Water Quality 3.1.3.16.1 Auckland Wide Lakes, rivers and wetland man. 3.1.3.8 Subdivision (incl. TDRs) 3.1.4

Overview RPS provisions - Objectives Protect significant biodiversity Protect and enhance life supporting capacity of coastal ecosystems Encourage restoration and legal protection of significant biodiversity Protect and restore in Waitakere Ranges and HG Recognise contribution of trees and veg to heritage and character Maintain and enhance cover of trees and groups of trees

Regional and District Plan Objectives Lakes, rivers, streams and wetlands are protected from permanent loss Values of vegetation in sensitive environments and areas of contiguous native vegetation cover maintained while providing for reasonable use and development Contribution to the natural character values of the coast is maintained. Incentives are available for the protection of some SEAs

Biodiversity Policies Identify significant areas [Significant Ecological Areas (SEAs) overlay terrestrial, freshwater, marine] Identify other areas [riparian, coastal, contiguous vegetation] Manage effects on biodiversity SEAs and other avoid, remedy, mitigate, offset Recognise and provide for mana whenua relationship, including kaitiakitanga

Significant Ecological Areas Significant Ecological Areas (SEAs) have been identified on land, in freshwater environments, and in the CMA. RMA Sections 6(c), 30 and 31 (maintenance of indigenous biodiversity) Auckland Plan Directive 7.5: protect ecological areas, ecosystems and areas of significant indigenous biodiversity from inappropriate use and development, and ensure ecosystems and indigenous biodiversity on public and private land are protected and restored

Auckland Council Biodiversity Directs Council to: Strategy Conserve the greatest number and most diverse range of Auckland s ecosystems and sequences (Objective 1); Improve implementation of Council statutory responsibilities to support our biodiversity mandate (Objective 8).

Five criteria: Significance Criteria Representativeness Uniqueness Threat status and rarity Stepping stones, buffers and migration pathways Gradients and diversity

Representativeness Is an example of an indigenous ecosystem (including both mature and successional stages) that contributes to the protection of at least 10% of the original extent of each ecosystem type in Auckland (starting with the largest areas).

Uniqueness Unique elements of Auckland natural heritage including species and ecosystems endemic to Auckland, species at their distributional limits, largest and most significant populations of species in the region or New Zealand.

Threat status and rarity Threatened and naturally rare species or ecosystems

Stepping stones, buffers and migration pathways Indigenous ecosystems used by any native species permanently or intermittently for an essential part of their life cycle Indigenous vegetation immediately adjacent to indigenous biodiversity in an existing protected natural area or site supporting threatened or unique species or ecosystems

Gradients and diversity Indigenous vegetation that extends across environmental gradients resulting in a sequence of vegetation or habitats e.g., an indigenous estuary to an indigenous freshwater wetland. Supports the expected ecosystem diversity or species richness for the habitat(s)

SEA Process (1) Potential new sites identified through a gap analysis exercise with information derived from surveys and/or existing information Existing SEAs and potential new sites assessed against criteria Some criteria applied automatically e.g. databases/maps of threatened species Some manually applied by ecologists

SEA Process (2) Draft SEA overlay - sites that meet one or more of the criteria plus those sites where information inadequate subject to further investigation Letters sent to all ~6000 landowners Currently responding to landowner queries Correcting mapping errors and where possible assessing subject to further investigation sites

SEAs Biodiversity Rules Vegetation Management (4.2.3.17) Riparian margins 10-40m wide (generally not mapped as overlays) Landscape, natural features, natural character overlays Coastal overlays (operative legacy generally urban) Urban Tree protection (operative legacy) Rural conservation zone Slopes > 15 0 in countryside living, rural production, rural coastal and mixed rural zones

SEA Vegetation Provisions Permitted for minor or appropriate works: Trimming; Emergency works; Ecological restoration; Maintenance around existing buildings, cleared areas and tracks Controlled activity for first house if no suitable site outside of SEA Discretionary all other clearance

Transferable Development Rights (Bonus Subdivision) Reduces the min lot size for the recipient site in exchange for SEA legal protection/management Recipient site must be in specified parts of Countryside Living Zone SEAs must be >5ha, or >3ha if site is identified under threat status and rarity criterion, or > 0.5ha for wetlands One only per property and all of SEA must be included

Other SEA Unitary Plan provisions Development One dwelling per site where no practical alternative location on the site outside the SEA All other buildings and/or accessory buildings New production forestry Impervious surfaces Land disturbing activities Activity Status Controlled Discretionary Non-complying Discretionary Various

Key changes from legacy plans to Unitary Plan (SEAs) Standardisation of SEA significance criteria Coastal protection areas (CPAs) superseded by Marine SEAs (and Outstanding Natural Features) Increase in extent of terrestrial SEAs legacy SEAs = 50,150ha Max. extent* of Unitary Plan SEAs = 84,195ha 67% increase in the extent over AK

SEAs: Key Changes in Rules Vegetation Management Controlled activity for first house if no practical alternative location building platform Permitted to keep area around house clear (up to 20m 2 ) All other clearance discretionary (previously NC in most instances beyond a standard) Reduction in rural vegetation clearance controls outside of SEAs

Key Changes in Rules SEA TDR (bonus) subdivision rules tighter Restricted number of sites eligible as donors and recipient Bonus subdivision mainly limited to existing SEAs i.e. not enhancement provisions (some in Franklin) Biodiversity offsetting provided for

Implications of RMA Changes (Enacted and in RM Reform Bill) Most general urban tree protection gone with Simplifying and Streamlining Act RM Reform Bill would further restrict protection of urban vegetation to only notable trees/groups of trees Urban SEAs incl ~930ha of vegetation in Tgn; urban tree overlays urban coastal overlays, urban riparian margins

Implications of RMA Changes (RMA discussion document) Signals 6(c) areas must be specified this accords with Unitary Plan SEA approach, but could be problematic Also seems to introduce mandate for biodiversity offsetting (nb DOC still working on guidance for these)

Summary SEAs key terrestrial biodiversity provision Consistent identification of SEAs across Auckland Changes in extent and nature of biodiversity provisions from legacy plans RMA reform hampers protection of urban biodiversity