Wetlands Wetland definition new vs existing Under the - - PowerPoint PPT Presentation
Wetlands Wetland definition new vs existing Under the - - PowerPoint PPT Presentation
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 &
Wetland definition – new vs existing
- Under the operative
Regional Freshwater Plan, the definition for wetland is the same as in the RMA.
- PNRP has specific
definitions for “natural wetlands”, “significant natural wetlands” & “outstanding natural wetlands” listed under Section 2 of the Plan.
Main differences between
- perative 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 connected to river system Wetted area not connected to river system, but considered a “lake” Wetted area not connected
The PNRP Rules for wetlands encompasses the wetted and land water margin of the wetland
Structures
Operative Plan
- Structures (including
maintenance) May be permitted activity under RFP rules 22, 31 or 33.
- May be a discretionary activity
under RFP rule 49
- May be permitted if outside
wetted area, under section 9
- f The Act.
PNRP
- Rule R104 provides for the
creation, maintenance or removal of small 10m² structures in a natural or significant natural wetland as a permitted activity.
Vegetation and pest control
Operative Plan
- Currently any vegetation removal or
planting would all be permitted under Section 9 of The Act.
- The Air Quality plan permits some
hand held spraying over waterbodies where the products are registered for use over waterbodies. PNRP
- Rule R105 provides for planting and
pest plant control in natural, significant and outstanding wetlands as a permitted activity. – Refers to the deliberate introduction of indigenous wetland specifies. – Only appropriate pest plant 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
- There is no special
recognition of restoration in the operative plans, and therefore restorative activities may need consent.
PNRP
- Rule R106 specifically
supports restoration activities as a controlled activity, including the waiving of fees for the resource consent.
Structures, discharges & vegetation clearance
Operative Plan
- Structures greater than 10m² in the wetted area
would either be a controlled activity under rule 47,
- r as a discretionary activity under rule 49.
Otherwise no consent would be required under section 9 of The Act.
- The discharge of contaminants may be permitted
under Rule 1 of the RFP (except those listed in appendix 2 which would be non-complying under rule 6).
- 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).
PNRP
- Rule R107 applies to activities in a natural or
significant wetland as a discretionary activity for: – New structures greater than 10m² – The discharge of contaminants – The clearance of indigenous vegetation – Any other activities not meeting rules R104 or R105.
Take, use, dam, divert & disturbance
Operative plans
- The RFP allows for the take and use of up to
20,000 l/d as a permitted activity. Anything exceeding this needs consent (see below).
- Taking, using, damming or diverting water is a
discretionary activity under rule 16 of the RFP, with the exception of wetlands listed in schedule 2, which are non-complying under rules 17 & 18.
- 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,
- therwise it is a discretionary activity under rule
49.
PNRP
- Rule R108 of the PNRP lists the taking, using,
damming or diverting of water into, within, or from a natural or significant wetland is a non-complying activity.
- Rule R108 also lists land disturbance (excavation
and deposition) or reclamation of a natural or significant wetland as a non-complying activity.
Structures & pest plants in
- utstanding wetland
Operative plans
- Currently the maintenance, repair or
replacement of existing structures is permitted under rule 22 of the RFP, or under section 9 of the Act.
- The removal of an existing structure would
likely be permitted under rule 33 of the RFP, controlled under rule R44, or discretionary under rule 49.
- The removal of pest plants would likely be
permitted under rule 40 if taken from the the wetted part of the wetland (unless listed in appendix 2, then would be discretionary under rule 49).
PNRP
- Rule R109 lists the following activities in an
- utstanding natural wetland, as a
discretionary activity: – Maintenance, repair or replacement of existing structures. – The placement of new structures of an area less than 10m². – The removal of existing structures. – The removal of pest plants that are not permitted by rule R105
Activities in an outstanding wetland
Operative Plans
- The RFP allows for the take and use of up to 20,000 l/p/d as
a permitted activity .
- Taking, using, damming or diverting water is a discretionary
activity under rule 16, with the exception of wetlands listed in schedule 2 which are non-complying under rules 17 & 18.
- Disturbance of the land water margin may be a permitted
activity under section 9 of the RMA.
- Disturbance or deposition of the “wetted” area 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.
- 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)
PNRP
- Rule R110 lists activities in an outstanding natural
wetland as non-complying. Including: – The discharge of water or contaminants, – The take, use, damming or diverting water into, within, or from the wetland – The placement of new structures with an area
- f 10m² or greater
– land disturbance & vegetation clearance – Other activities that are not listed under rule R109 or R111).
Reclamation of outstanding wetland
Operative Plans
- The reclamation of the bed, or any part of the bed,
- f any lake or river that is included in appendix 2
- f 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.
PRNP
- Rule R111 lists that reclamation of outstanding
natural wetlands as a prohibited 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.