The discharges and activities for which consent is sought involve a number of receiving environments in and adjacent to all urban areas in the Tasman District. This means there are many potentially affected parties.
Consultation with Tangata Whenua and a number of stakeholders has been carried out during the development of this application, and more particularly the development of the stormwater strategy and framework. This consultation has been positive with all parties supporting the general approach taken.
Council does however recognise that there is likely to be a wider level of public interest in the application, and that it may not be possible to determine that in all cases the adverse effects of the activity are minor in terms of public notification (Sec 95A) or less than minor in terms of limited notification (Sec 95B). It is therefore desirable for this application to be publicly notified to give the opportunity for any person to make a submission and to have their views heard and considered.
For these reasons Council as the applicant requests that this application is publicly notified as per RMA Sec95A(3)(a).
10 Duration
Due to the long term and necessary nature of the stormwater network and discharges, plus the investment in the infrastructure and any improvements the Council requests a 20-year term for resource consents and permits for physical infrastructure aspects of the network in the Coastal Marine Area (Consent 2) and for Consents 3 and 4 which relate to discharges, both on an ongoing basis and on a temporary and infrequent basis for discharges from maintenance activities.
Note the existence and maintenance of components of the network in the Open Space, Recreation, and Papakainga Zones have an unlimited duration as this is a land use activity (Consent 1).
The rationale for the 20-year time period is set out below.
Some assistance is given in both the RMA and the TRMP in relation to determining what the appropriate term of consent should be.
Section 104(2A) of the RMA is not a directly relevant provision of the RMA but relates to applications for replacement resource consents for those due to expire. It requires the Consent Authority to have regard to the value of an Applicant’s investment when a term of consent is being considered. Council’s stormwater network does not have a resource consent for the network in the cases where it needs one and therefore this is not a renewal of a consent application. The network is however existing, with additions occurring as development progresses and this has been subject to significant investment over many years. The
philosophy of having regard to this investment is therefore sound and is considered to have relevance to the applicant when considering the term of consent sought.
The TRMP does provide some guidance on how to determine an appropriate duration of consent in Schedule 28A which relates to activities in the beds of rivers. While this section of the Plan does not deal with the Coastal Marine Area or discharges under Chapter 36 it is useful to consider in determining the consent duration. This schedule states that if no significant concerns are identified then Council may apply a 35-year duration. This was the original preferred position for consent 2 relating to permanent infrastructure however in discussion with local iwi all consents and permits are now seeking a 20-year duration. This allows changing environments, particularly in relation to climate change, to be taken into account in a renewal and so that all consents/permits require renewal at the same time.
In determining the level, or existence of any ‘significant concerns’ the TRMP sets out the following matters for consideration.
1. The nature and sensitivity of the affected environment, including:
(a) the risk of unforeseen adverse effects arising from the consented activity;
(b) the level of knowledge about the affected environment.
2. The nature of the activity, including:
(a) the degree to which the methods used to control, avoid, remedy, or mitigate the adverse effects of the consented activity are of a temporary nature or inconsistent with the requirements of the Act and the time that is practicable for the consent holder to implement other options;
(b) the level of compliance monitoring, environmental impact monitoring, reporting and action required by the conditions on the resource consent;
(c) the significance of the activity relative to the existing situation and the capacity of the affected environment;
(d) the duration of consent sought by the applicant;
(e) the rate of change in technology that may mitigate adverse effects resulting from the activity;
(f) the permanence and economic life of the activity;
(g) the costs and benefits of the activity to the community;
(h) the consent holder’s capital investment in a pre-existing activity;
(i) any documented and proven history of non-compliance with the requirements of the Act, and the response to that non-compliance by the consent authority and those undertaking the activity;
(j) guidance from resource management case law;
(k) any resource management work committed to by the consent holder which will have positive or beneficial environmental effects and is dependent on consent duration.
3. This section is not applicable 4. Any other relevant matters.
The nature and sensitivity of the various receiving environments has been discussed in this application. The general effect of stormwater discharges and structures is known and they already occur to service existing urban areas and including areas of future urban expansion. As the physical aspects of the network are existing there are no unexpected or unforeseen adverse effects. The level of knowledge of the affected environment is sound and will grow as part of the development of CMP’s for each urban area. For these reasons a 35-year duration could be considered appropriate for Consent 2 relating to the existing physical network, however in recognition of concerns raised by iwi a 20-year duration is sought.
In terms of the discharges from the network and maintenance activities sought through Consents 3 and 4 it is the CMP process, and the review cycle of these that ensures there are sufficient checks and balances in the consent conditions for a longer duration to be acceptable. This is strengthened by the fact this is a
a pre-existing activity (with some additional discharge from urban expansion over time) that has received a significant capital investment by the Council on behalf of the community. The duration requested for ongoing discharges and maintenance related discharges sought through Consents 3 and 4 is therefore 20 years.
This allows a reasonable duration considering the necessary nature of the discharge. It is also not an undue period of time and allows for additional knowledge and experience gained through the review cycle of the CMP’s to be taken into account during reconsenting after 20 years.
Council does recognise there are legitimate concerns about longer term consents, including by iwi, and proposes five yearly reviews of the CMP’s to ensure they are operating effectively, and are subject to any changes in improved knowledge of the natural environment, or best practice standards that warrant additional or revised conditions. In addition to the regular reviews, the Consent Authority is able, under section 128 of the RMA, to review the resource consents for a number of purposes.
11 Conclusion
This consent application seeks to obtain a district wide discharge permit for stormwater discharge from Council’s Urban Drainage Areas. It also seeks to provide consent for the use and maintenance of these stormwater networks. This consenting step is not undertaken in isolation but is part of a wider set of actions as set out in TDC’s Stormwater Catchment Management Framework which will be undertaken with direction set by TDC’s Urban Stormwater Catchment Strategy.
The overall purpose of this wider project is to avoid, remedy and mitigate the adverse effects from stormwater discharges across the urban areas of the district. This has particular importance as fresh and marine water resources are vital to the health of the environment and the well-being of our communities and are one of the defining features of the Tasman District. These resources include streams, rivers, lakes, wetlands, aquifers and springs; all ultimately discharging into the Coastal Marine Area either direct to the sea, or through various rivers and estuaries. Together these areas form an important part of the unique culture and natural values of the district, shaping the landscape and our heritage. They are of fundamental importance to Tangata Whenua, highly valued by residents and visitors and crucial to the health of the environment.
An open consultation process has been carried out through the development of the Stormwater Catchment Management Framework, which includes this application. This involved a number of stakeholders, and also Council’s iwi partners in this project. This consultation process has allowed the knowledge of many parties to help form the final documents, including this application, which put Council and the community in a sound position to improve outcomes from the stormwater network.
This application provides the regulatory framework for the stormwater network to operate and discharge.
Importantly it also puts in place requirements on Council to develop Catchment Management Plans for each Urban Drainage Area. This process requires consultation with the community and the development of distinct actions within each area that will result in effective management and reduction of adverse effects typically associated with the management of stormwater.
Overall the proposed approach is considered to be a practical method of managing the effects of the stormwater system and its discharges which enables iwi, community and stakeholder involvement within each community.
12 Volunteered Conditions
Overview
This application encompasses the requirements for four separate consents, or permits, as set out in the table below. The volunteered conditions are set out in the applicant’s preferred format of separate suite of
conditions for each consent decision.
Consent Number
RMA Consent Activity Duration
Sought 1 S9(2
&3)
Land use consent as a Discretionary Activity
Disturb and occupy land within the Open Space, Recreation, and Papakainga Zones by, or in connection with, the use, maintenance, repair, replacement or removal of the Council stormwater network including stormwater pipes and discharge outfall structures
unlimited
2 s12 Coastal Permit as a
Controlled Activity
Disturb and occupy the Coastal Marine Area by, or in connection with, the use, maintenance, repair, replacement or removal of stormwater pipes and discharge outfall structures.
20 years
3 s15 (1) Discharge permit as a Discretionary Activity
Discharge water, including associated contaminants, to land, air, coastal water and fresh water from small to medium scale maintenance activities on the existing and future stormwater network of the 15 Urban Drainage Areas.
20 years
4 s15 (1) Discharge permit as a Discretionary Activity
Discharge stormwater, including
associated contaminants, from the urban stormwater network (including from both existing and future discharge points) of the 15 Urban Drainage Areas specified in the application to land, coastal water and freshwater.
20 years
Table 49: Consents sought
Consent 1 – Land use consent General
1) The activities shall be carried out in general accordance with the application lodged with Council on XX XX 2019 and the following conditions of consent. Where there is any apparent conflict between the application and consent conditions, the consent conditions shall prevail.
2) The exercise of this consent authorises the Consent Holder to disturb and occupy land within the Open Space, Recreation, and Papakainga Zones by, or in connection with, the use, maintenance, repair, replacement or removal of stormwater pipes and discharge outfall structures;
3) The Consent Holder shall ensure that any contractors undertaking works authorised by these consents are provided with a copy of the resource consents and conditions and shall ensure compliance with all conditions.
4) In the event of accidental discovery of archaeological items or koiwi (human remains), all work within 50 metres of the discovery shall immediately cease, and the relevant iwi and Heritage New Zealand shall be contacted. Work shall not recommence in the area of the discovery until Heritage New Zealand has confirmed that the Heritage New Zealand Pouhere Taonga Act 2014 does not apply, an archaeological authority has been granted, and in the case of Māori archaeological sites evidence of consultation and agreement with relevant iwi have been provided to Council.
Review Condition
5) Pursuant to Section 128 of the Resource Management Act 1991, the Consent Authority may serve notice on the Consent Holder of its intention to review the conditions of these consents annually in the month of XXX for any of the following purposes:
a. to deal with any adverse effect on the environment that may arise from the exercise of these consents, and which is appropriate to deal with at a later stage; and/or
b. to require the Consent Holder to adopt the best practicable option to remove, reduce or mitigate any adverse effect on the environment; and/or
c. to change the requirements of the consent conditions, or Catchment Management Plan developed under this consent to reflect any relevant Regional Plan, District Plan, National Environmental Standard, National Policy Statement, or Act of Parliament; and/or
d. To address the effects of climate change and its effect on the stormwater network and discharge.
Consent 2 – Coastal Permit General
1) The activities shall be carried out in general accordance with the application lodged with Council on XX XX 2019 and the following conditions of this coastal permit. Where there is any apparent conflict between the application and conditions, the conditions shall prevail.
2) The exercise of this permit authorises the Consent Holder to disturb and occupy the Coastal Marine Area by, or in connection with, the use, maintenance, repair, replacement or removal of stormwater pipes and discharge outfall structures.
Advice note: This consent does not authorise the installation of new stormwater discharge outfall structures in the Coastal Marine Area.
Advice note: For the avoidance of doubt these conditions do not apply to works undertaken by the Consent Holder under Section 330 of the Resource Management Act 1991 (Emergency Works). Under Section 330A(1) of the Resource Management Act 1991, the Consent Holder must advise the Consent Authority of any works undertaken within seven days of the activity having been undertaken.
Expiry
3) This permit shall expire 20 years from commencement.
General
4) Prior to, and after, the development of Catchment Management Plans for each identified urban area Council shall maintain and operate the stormwater network in accordance with the Three Water Utilities Maintenance Contract, or subsequent applicable asset maintenance documents.
5) The Consent Holder shall ensure that any contractors undertaking physical works authorised by this permit are provided with a copy of the conditions, and shall ensure compliance with those conditions.
6) All physical works within, or requiring access to, the Coastal Marine Area, shall be planned and scheduled to take into account the following:
a. Suitable weather conditions and sea conditions;
b. The need to minimise the duration and frequency of the physical works;
c. The need to minimise the extent of disturbance and the discharge of sediment into water;
d. The durability and robustness of physical works to minimise the need for additional future work;
e. Opportunities to enhance the naturalness of the environment around the physical works;
f. The maintenance and enhancement of amenity values;
g. Cultural and heritage values;
h. Recreational use and public access.
7) The chosen methodology, including machinery to be used, shall, where practicable, be designed and undertaken in order to minimise any potential adverse effects on the environment.
8) The consent holder shall ensure that any exposed soils are re-vegetated or otherwise stabilised, as appropriate, as soon as reasonably practicable following the undertaking of physical works. Any such areas shall be maintained, or replanted as needed to achieve stabilisation within 8 months of the work being completed.
9) If vehicles and machinery need to enter or pass across the Coastal Marine Area and beach/dune area they shall utilise existing access tracks within close proximity to the area of physical works, or otherwise shall do so by the shortest possible route.
10) Any vehicles, tools or machinery used within the Coastal Marine Area and the beach/dune area shall be cleaned of soils or vegetation from other sites prior to use at the maintenance area.
11) Refuelling, fuel storage, machinery storage and maintenance activities shall take place outside of the Coastal Marine Area and the beach/dune area.
12) Appropriate spill kits and materials shall be held on site to enable any fuel spills to be immediately contained and controlled by an approved product. Any contaminated material as a result of a spill shall be removed from the site and disposed of at a site authorised to accept such water material.
13) At the completion of physical works authorised by this permit, all excess or unused materials bought to the site shall be removed.
14) The Consent Holder shall ensure that once physical works are completed:
a. the area of beach disturbed shall be contoured to a natural form, consistent with the adjacent beach areas;
b. the site shall be tidied to a degree at least equivalent to that prior the physical works commencing; and
c. the physical works do not cause any additional flooding, erosion, scouring, land instability or property damage. If any of these do occur, the Consent Holder shall take all actions that are reasonably necessary, and consistent with conditions of this consent, to remedy any
damage.
15) The Consent Holder shall ensure that, as a result of carrying out any physical works authorised by this permit, public access to the Coastal Marine Area is not restricted, except where there is a risk to public safety.
16) In the event of accidental discovery of archaeological items or koiwi (human remains), all work within 50 metres of the discovery shall immediately cease, and the relevant iwi and Heritage New Zealand shall be contacted. Work shall not recommence in the area of the discovery until Heritage New Zealand has confirmed that the Heritage New Zealand Pouhere Taonga Act 2014 does not apply, an archaeological authority has been granted, and in the case of Māori archaeological sites evidence of consultation and agreement with relevant iwi have been provided to Council.
17) Unless required to maintain public safety, prevent immediate damage to the outfall structure or piped network, or in an emergency, no physical works shall be carried out after the last working day prior to Christmas until the first official working day after New Year, or on any statutory public holiday.
18) Physical works shall comply with noise standards specified in the New Zealand Standard:
Construction Noise NZS 6803:1999.
19) The Consent Holder shall advise the Council’s Co-ordinator Compliance Monitoring in writing, at least 3 working days prior to physical works requiring access to the coast commencing on site, so that monitoring of the conditions of this consent can be undertaken.
20) In the event of urgent and high priority physical works that may not permit a 3 day advance notification period to be met due to concerns for safety of the public or the protection of the outfall structure or piped network, the Consent Holder shall notify Council’s Co-ordinator Compliance Monitoring as soon as practicable (but not later than 3 working days after the physical works), and in advance if possible.
Advice note: Conditions 4 – 20 are applicable both prior to, and after, the development and certification of the Catchment Management Plans.
Forward Works Programme
21) For each Urban Drainage Area an annual forward works programme for physical works directly affecting the coastal receiving environment will be prepared by the Consent Holder prior to physical works beginning each year. This shall be provided prior to 30 April of each year, for information purposes to:
a. Council’s Co-ordinator Compliance Monitoring;
b. Te Tau Ihu iwi entities and authorities;
c. the Department of Conservation.