WE PRESENT. Essential Freshwater 2019 www.lgnz.co.nz
Headlines > Significant changes to NPSFM > New NES Wetlands, rivers and fish passage Farming – livestock control, intensification, FEPs, N cap > New regulations Stock exclusion > Amendments to RMA for FW planning
1 NPSFM overview of key changes
Headlines > Redrafted from scratch – new drafting style > Long term vision to give effect to Mana o te Wai > Consultation requirements > Express what tangata whenua want for their waterbodies > Assess whether rivers can sustain pressure and provide for long-term vision
Values and environmental outcomes > More compulsory values • Ecosystem health • Human contact • Threatened Species • Mahinga Kai/Tangata Whenua Value (TBC) > Environmental outcomes for each compulsory value
Target attribute states > National Objectives Framework bands and bottomlines remain > DIN and DRP mandatory > Every target attribute state must specify timeframe for achievement – if longterm must have interim (10 year) targets > No requirement to have regard to social or economic matters in setting targeted attribute states (but must have regard to long term vision, environmental outcomes, climate change etc)
DIN & DRP > Compulsory DIN/DRP attribute proposed to apply to all rivers > Bottom lines proposed are 1.0 and 0.018 mg/L for DIN and DRP respectively > Based on national-scale correlations between DIN & DRP and indicators of Ecosystem Health > Assumed causative relationship between increasing or decreasing nutrient levels and changes in Ecosystem Health > RC scientists challenge the science advice – drivers of ecosystem health are complex and highly variable > Concern the bottom lines will drive significant investment and change with low confidence ecosystem health will improve
Objective and over-allocation > Give effect to Te Mana o te Wai – prioritise (and maintain) health and well- being of water bodies and freshwater ecosystems above needs of people and communities > Over-allocation - existing to be phased out, new to be avoided
New ecosystem health requirements > Avoid loss of degradation of inland wetlands > Map and maintain inventory of wetlands > Encourage wetland restoration > Develop and implement wetland monitoring plan > Maintain extent and ecosystem health of rivers (plans must require no net loss of stream) > Plans must include aquatic life objectives to achieve diversity and abundance of fish .
Aquatic life > Compulsory value for threatened species > Require regional councils to provide for fish passage > Design requirements on some types of new in-stream structures less than four metres high, including: new structures such as weirs, culverts and tide flap gates identifying existing structures and prioritising changes to enable fish passage
Wetlands > Protect remaining wetlands (above 500 m 2 in size) > Tighter controls on certain activities that damage inland and coastal wetlands. > Require regional councils to identify all existing natural inland wetlands, monitor their health & set policies to protect them. > Restrictions on activities : drainage, damming, diversion, water takes, reclamation, disturbance of the bed, clearance of indigenous vegetation
Habitat – no further loss of streams > Avoid infilling of streams and rivers unless specific exceptions apply > Consent applicants must avoid, remedy or mitigate any proposed stream loss through infilling; required to offset/compensate any stream loss. > Ensure culverting and permanent diversions do not result in a net loss of extent or ecosystem health. > When stream loss through piping or reclamation cannot be avoided, remedied or mitigated, must offset or compensate
Primary contact sites > Sites to be managed for human health and for suitability for primary contact activities (weed growth, clarity) > Each primary contact site to have a sampling site > Weekly E.coli sampling required between 1 Nov and 31 March (or weekly if single sample records >260 E.coli per 100mL ) > If >540 E.coli per 100mL councils to take all reasonable steps to inform public site is unsuitable for primary contact
Safe drinking water > Define spatially where the regulations in Drinking Water NES apply. > Define types of activities that are potential risks to source waters within the source protection areas > Expand scope of the regulations so they apply to all registered water supplies serving more than 25 people > Develop new approach for managing specific contaminants in source waters, including nitrate-nitrogen > Require appropriate controls on the development and use of land in source water risk management
Wastewater > NES for wastewater discharges and overflows – prescribe consent conditions: Min treatment stds Targets/limits on volume and frequency of overflows Monitoring to ensure consistency > Consultation on concept now, more work mid 2020
Stormwater > Requirement for risk management plan > Obligation for annual reporting of nationally-prescribed performance measures
CG&LG roles in the regulation of three waters
Implementation > Final decisions on regional plans must be by end of 2025 > Auckland (Unitary Plan) style plan-making process to be used for FW planning (i.e appeals to environment court only where council departs from Panel recommendations) > Panel comprise government appointed FW commissioners, tanagata whenua nominated reps, local councillors > Q re independent body to provide oversight of FW management implementation (rec by FLG and KWM)
2 National Environmental Standards and Regulations: Overview of key proposals
Scope of proposed national regulation > Restricting intensification > Farm Planning > Reducing N in N-impacted catchments > Stock Exclusion > Controlling intensive winter grazing > Feedlots > Stock holding areas > Wetlands, river bed infilling and fish passage
Nitrogen cap > Option only > Only applies in scheduled N sensitive catchments (and only until regional plan with limits in place) > Listed catchments in: Hawke’s Bay, Northland, Southland, Taranaki, Tsaman, Waikato, Wellington, BoP > Would require consent for all dairy farming if a threshold N loss limits (threshold value) is exceeded
Stock exclusion > Applies to wetlands and rivers >1m wide only > Applies to cattle, pigs and deer only > Distinguishes between low slope and non low slope land > Average 5m and minimum 1m setback applies wherever stock must be excluded > Existing fences have until 2035 to be moved
High risk activities > Feedlots – discretionary activity (standards specified) > Sacrifice paddocks – permitted if 50m from waterbodies otherwise discretionary > Stock holding areas – Restricted Discretionary Activity or Discretionary Activity standards not met > Intensive winter grazing permitted activity subject to slope, area, setback and pugging depth and other practice standards being met (otherwise RDA) > Numeric standards all TBC
3 Key dates
Key dates > EFW announcement 5 September 2019 > Week starting 9 September MfE/MPI consultation starts > 24 September LGNZ FW Forum > 12 October LG elections > 17 October closing date for submissions > 31 October possible extension for LG submissions > Hearings panel chaired by Judge David Sheppard
MfE consultation and engagement schedule > EFW announcement 5 September 2019 > Week starting 9 September key messages shared and draft positions > Week starting 9 Sep will share slide deck for briefings > Week starting 9 September MfE/MPI consultation starts > 24 September LGNZ FW Forum > 12 October LG elections > 18 October closing date for submissions (TBC) > 31 October possible extension for LG submissions > Hearings panel chaired by Judge David Sheppard
4 Sector work underway
Regional Sector Implementation Plan > Regional Sector Implementation Plan underway > Accurate information from councils is informing Plan > Plan will: • outline additional or revised activities for Councils arising from the package • identify where a co-ordinated/collective approach is appropriate • identify resource needs (e.g data management, FEP delivery) • describe capacity and capability constraints • identify opportunities for national investment
Economic Impact Assessment Phase 1 Phase 1 assessment completed - shorter term financial costs at a regional scale: • What are costs of changing the current direction of FW management policy? • What are the costs of changing current timeframes for FW management policy? > Focused on DIN/DRP and farm package
Economic Impact Assessment Phase 2 > Additional case studies underway • Nitrogen cap (Southland) • DIN (Canterbury, Hawke’s Bay, Waikato) • Stock exclusion (West Coast) • Wastewater min standards (Nelson) • Range of proposals (Greater wellington and Bay of Plenty) • DIN & DRP (Taranaki) > Evaluating the Government’s Regulatory Impact Assessment
Recommend
More recommend
