Contact details:
Matt Moss Ph: 0272158724 Email: [email protected]
Frequently Asked Questions
Significant Native Habitats – September 2015 1. Who is involved?
2. Visit and survey issues 3. Ownership issues
4. Information and confidentiality issues 5. Significant Native Habitats
management/husbandry issues 6. Protection issues
7. Financial incentives
8. What are the current restrictions/rules that relate to the clearance of indigenous vegetation or wetland drainage in Tasman?
1. Who is involved?
Following an Environment Court mediated agreement, a Memorandum of Understanding was signed by the following parties: Tasman District Council, Federated Farmers, Ministry of Agriculture and Forestry (now the Ministry for Primary Industries), Royal Forest and Bird Protection Society, Department of Conservation, and Friends of Nelson Haven and Tasman Bay. This Memorandum describes how Council will work with these parties to investigate, assess and develop priorities and methods to protect the ecological values of remnant natural areas on private and Council land.
These parties, along with Fish and Game New Zealand, have worked with Council on this project as an Oversight Group.
The Oversight Group is committed to achieving the identification, enhancement and protection of significant native habitats through a voluntary partnership with local landowners. Council has responsibilities for natural habitats and native biodiversity in its district. This responsibility comes from the Resource Management Act, as well as from the community.
1.1 Historical
There was a survey undertaken in 1995, however the results were controversial and the areas designated as Significant Natural Habitats were later withdrawn from the Tasman Regional Management Plan.
1.2 Why is Tasman District Council doing this survey when there is so much land in Department of Conservation estate?
Most rare and threatened plant species and habitats occur in the lowlands, which tend to be on private land, where most development has occurred, and where there is little legal protection. When you look around, there isn’t much left. Like all councils, Tasman District Council has specific responsibilities under the Resource Management Act that
2. Visit and survey Issues
2.1 How will the sites be assessed?
Comprehensive and scientifically credible criteria to assess the significance of natural areas has been developed after wide consultation.
A copy will be sent with the site reports. Each report will contain a site assessment using these criteria, summarised in a flow diagram.
2.2 Will I be able to accompany the ecologist?
Yes. It is valuable to him or her to meet you and get some background history and knowledge of boundaries etc. Many do take up the opportunity.
2.3 Will the ecologist take into account what I have to say?
Yes, although he or she will describe and assess sites in an independent and objective manner.
2.4 Will I be able to make changes to the report?
Yes, comment on the draft report is valuable and welcome and changes can be made, if appropriate.
2.5 Will I be able to decide I do not want the report to be part of the project?
Please see the disputes resolution process included as an appendix to this document.
3. Ownership issues
3.1 Will I have to provide public access to the Significant Natural Habitat?
No.
3.2 Will I lose ownership of the Significant Natural Habitat?
No.
3.3 Will the Significant Natural Habitat be marked on the property certificate of title?
No. If you decide to go ahead with some form of legal protection then that would be noted on the title.
3.4 Will the Significant Natural Habitats status affect my ability to build on this site or put a track/fence in the area?
The Significant Natural Habitat is obviously known to Council and if you applied for say a building consent, then the values likely to be lost would be weighed against alternative sites, and maybe alternatives negotiated. If no consent is required, e.g. a new fence, then you can proceed. (The rules relating to clearance of indigenous vegetation are summarised in section 8).
3.5 Will the presence of a Significant Natural Habitat lower the value of the property?
This is unlikely. If the Significant Natural Habitat covered the best or all building sites or other best options for development, then the presence of a Significant Natural Habitat may affect getting consents etc and thus raise the perception of the land being less marketable. But realistically, it is highly unlikely that you would want to build in a wetland or in old growth forest. Significant areas of indigenous vegetation and habitat provide important amenity value to many people.
4. Information and confidentiality issues
4.1 Where can the individual property information end up?
• You get a copy of your property report.
• Council retains a copy. Council may refer to the report when making planning decisions (consents etc) or undertaking biodiversity monitoring.
Landowners should be aware that the property reports will become council property and may be requested by other parties. Access to these reports will be through the project manager and landowners will be advised of any applications. Reference to the report will need to be attached to any LIM (Land Information Memorandum) that is requested.
4.2 If I allow/refuse access for a survey, will my neighbours find out?
No. Involvement is voluntary and confidential in as much as we can control it.
4.3 Will information on plant pests in the Significant Natural Habitat be passed on to Council (i.e. a concern about Tasman-Nelson Regional Pest Management Strategy obligations for weed control)?
If the survey shows up a serious weed/pest that is included in the Tasman-Nelson Regional Pest Management Strategy, you will be notified and you will be advised of your responsibilities as a landowner. If the obligation is on you as owner to control them, it is in everyone’s interest that they be controlled; you wouldn’t like to think your neighbour harboured pests which may be detrimental to you. Tasman District Council Biosecurity staff can advise on methods and assistance available.
5. Significant Native Habitat management/husbandry issues
5.1 How can I better manage/protect the Significant Natural Habitat?
Your Significant Natural Habitat report will outline some suggestions.
5.2 Can I graze or clear the Significant Natural Habitat?
In general, no. Clearance of indigenous vegetation is not permitted within 15 metres of rivers larger than 3 metres in width and within 15 metres of any lake bed. For further information, refer to section 8.6.
5.3 Which part of the Significant Natural Habitat should I fence from grazing?
An indication on this will be in the Significant Natural Habitat report. This can also be discussed at the time if you decide to use the landowner assistance package.
5.4 What assistance is available?
Assistance is available for fencing and waterways. Biosecurity can advise on control of pest animals and plants.
5.5 What is the best way to establish new plants (i.e. restoration planting)?
Advice is available in the publication “Go Wild”.
5.6 Where can I obtain suitable plants from?
There are local plant nurseries (Titoki, Mainly Natives) that can provide native plants that are eco-sourced (grown from seed collected in your locality). Advanced notice may be required.
passionfruit and ground smotherers like Tradescantia, and species that spread readily like sycamore. The plants which will eventually be overtopped by the native species are low priority.
6. Protection issues
6.1. Will I have to protect the area with a covenant?
No. Formal protection is encouraged to ensure all the good work that you do won’t be undone in future. It may also assist with obtaining funds. Contacts for this are QEII National Trust or the Department of Conservation.
6.2 Will Significant Natural Habitat status provide protection or recognition of archaeological sites (e.g. umu, rock drawings)?
This is not the aim of the survey. If you would like such information included in the property report then obviously such knowledge has benefits for the long term survival of such sites.
The Heritage New Zealand Act requires authority/consent to ‘destroy, damage, or modify, or cause to be destroyed, damaged, or modified, the whole or any part of any archaeological site, knowing or having reasonable cause to suspect that it is an archaeological site’ (Clause 10).
7. Financial incentives
7.1 What financial incentives are there for me to manage reverting or existing indigenous (native) vegetation?
Under the Government’s carbon initiatives, the Emissions Trading Scheme (Forestry) and the Permanent Forest Sink Initiative (PFSI) provide an opportunity to manage land on which there is reverting or existing indigenous vegetation to claim carbon credits. These could potentially be of benefit as most areas of reverting land could qualify. Key questions include whether the land was pasture or in scrub (non-forest species) as at 31 December 1989, are the indigenous species that exist or are establishing likely to reach at least 5 metres in height in the location they are growing and will the stocking be sufficient to develop to be at least 30% crown cover per hectare. Consideration would need to be made as to whether the area is large enough to be economic (there are costs)? Information is available at the Ministry for Primary Industries website - http://archive.mpi.govt.nz/forestry/forestry-in-theets. Note that as at September 2015, the Government is considering options for the PFSI following a review of the scheme.
7.2 What financial assistance is available for native forest revegetation through the Government’s carbon package?
Financial assistance is available through the Afforestation Grant Scheme (AGS) which has funding available for the establishment of up to 15000 hectares of new forest between 20015 and 2020. Grants are available for planting exotic and indigenous forest species. Unlike the ETS and PFSI which can involve areas of naturally occurring reversion, forests funded under the AGS must be planted and maintained to minimum standards in terms of stocking for the 10 year term of the Grant. The Government takes the carbon sequestered for the 10 years following establishment, however after that time the owner of the forest is free to do whatever he/she may wish with the forest. Information is available at the Ministry for Primary Industries website – http://www.mpi.govt.nz/funding-and-programmes/forestry/
afforestation-grant-scheme/
7.3 Will an existing sustainable forest management permit or personal use permit or proposal for such a permit be affected?
No.
Following consultation with the Department of Conservation (as adviser), Ministry for Primary Industries may deem it necessary to set aside a representative area of up to 20 percent of the forest’s total area. No harvesting is permitted in representative areas.
Representative areas protect flora and fauna and other conservation values in an unmodified part of a forest. A representative area may be set aside where flora and fauna or other conservation values in the forest are considered to be of regional or national importance provided the representative area is of an adequate size and location to protect the identified values.
8. What are the current restrictions/rules that relate to the clearance of indigenous vegetation or wetland drainage in Tasman?
8.1 Indigenous ecosystems that are specifically protected from vegetation clearance are:
a) Naturally occurring wetlands.
b) Indigenous dune vegetation.
c) Salt herb fields.
d) Woody indigenous vegetation in the coastal environment area.
e) Indigenous vegetation on outcrops, talus slopes and cliffs in karst areas.
f) Frost flats, defined by the presence of small-leaved coprosma or shrub daisy on lowland alluvial sites up to 600 metres in the Buller catchment, 600 – 1200 metres in the Takaka catchment and up to 950 metres in the Canaan Downs areas. (Ref TRMP 17.5.5.1 for Rural 1, 17.6.5.1 for Rural 2, 17.7.5.1 for Rural 3, 17.8.5.1 for Rural Residential).
Clearance of indigenous vegetation is a discretionary activity and requires a resource consent. (Ref TRMP 17.5.5.2, for Rural 1, 17.6.5.2 for Rural 2, 17.7.5.2 for Rural 3, 17.8.5.2 for Rural Residential).
8.2 Clearance of indigenous forest is permitted under very limited conditions if it is:
a) Less than 0.2 hectares over a period of three years.
b) Subject to an approved* sustainable forest management plan or permit or approval for personal use.
*When this approval has occurred after 31 March 2007, these forests must lie outside alluvial flats and karst terrain. (Ref TRMP 17.5.5.3 for Rural 1, 17.6.5.3 for Rural 2, 17.7.5.3 for Rural 3, 17.8.5.3 for Rural Residential).
8.3 Clearance of indigenous forest is a controlled activity and a resource consent is required if it is:
a) Located outside the coastal environment area, karst terrain or alluvial lowlands.
b) More than 0.2 hectares but less than 1.0 hectares over a period of three years.
c) Has an approved sustainable forest management plan or permit or approval for personal use. (Ref TRMP 17.5.5.4 for Rural 1, 17.6.5.4 for Rural 2, 17.7.5.4 for Rural 3, 17.8.5.4 for Rural Residential).
Otherwise, clearance of indigenous forest is a restricted discretionary activity and a resource consent may be refused. (Ref TRMP 17.5.5.5 for Rural 1, 17.6.5.5 for Rural 2, 17.7.5.5 for Rural 3, 17.8.5.5 for Rural Residential).
8.4 Landscape Priority Area
Within the Landscape Priority Area of St Arnaud, there are additional constraints on the removal or destruction of indigenous forest. The area of forest permitted to be removed is restricted to that required for a building site and access. The removal of a larger area is a
a) 15 metres of the bed of a stream of river with a bed width greater than 3 metres except in special circumstances (e.g. removal of exotic trees, maintenance of overhead lines).
b) 15 metres of the bed of a lake.
c) 20 metres of the coastal marine area adjacent to Whanganui Inlet (Ref TRMP 18.5.2.1 and 18.5.3.1).
Contact details:
Matt Moss Ph: 0272158724 Email: [email protected]
Appendix
Native Habitats Tasman – Dispute Resolution Procedure
A dispute between the project and any landowner may occur over:
• Ecological information contained in the report (draft or final)
• Interpretation of the ecological information (e.g. significance assessment)
• Recommendations for future management
The following is the procedure for resolving any dispute that may arise during interaction between project staff and landowners.
1. The Landowner is asked to consider the report (draft or final) provided by the Ecologist and to indicate to the Ecologist whether there is any issue of concern that the Landowner has about:
• Ecological information
• Interpretation of the ecological information (e.g. significance assessment)
• Recommendations for future management
2. The Ecologist will seek to respond to any issue raised by the Landowner concerning the report
3. If the Ecologist is unable to resolve any issue to the Landowner’s satisfaction, then the Ecologist will provide a report summarising the issue(s) to the Project Manager.
4. The Project Manager will contact the landowner to discuss any unresolved issue(s) and consider the option of referring the issue to a Second Ecologist to peer review the ecological assessment in the report
5. If the Project Manager decides to seek a peer review, the Second Ecologist will provide a report to the Project Manager, the Landowner and the Ecologist. The Ecologist will be given an opportunity to provide comments to the Project Manager on the peer review.
6. The Project Manager will contact the landowner to discuss the unresolved issue(s).
7. If there is still no agreement between the Project Manager and the Landowner on the report, then any information on the landowner or the precise property location will be removed from the report before it is stored in the directory, ensuring that only ecological information in the report is available to be entered into database.
