Submission on : Proposed Canterbury Regional Policy Statement

Transcription

1 To: Proposed Canterbury Regional Policy Statement Environment Canterbury PO Box 345 Christchurch Submission on : Proposed Canterbury Regional Policy Statement Submitter Details : New Zealand Fertiliser Manufacturers Research Association Inc. (Fert Research) PO Box Ph: Manners St Central Fax: Wellington info@fertresearch.org.nz Contact Name : Greg Sneath, Technical Manager, NZFMRA Hearings : The Association wishes to be heard in support of the submission. If others make a similar submission, the association would consider presenting a joint case at any hearing. Signed : Date : 15 th August 2011

2 INTRODUCTION The New Zealand Fertiliser Manufacturers Research Association Inc (NZFMRA) is a trade organisation representing the New Zealand manufacturers of superphosphate fertiliser. The Association also operates under the name Fert Research. The Association has two member companies Ballance Agri-Nutrients Ltd and Ravensdown Fertiliser Co-operative Ltd. Both these companies are farmer co-operatives with some 45,000 farmer shareholders. Between them these companies supply over 95% of all fertiliser used in New Zealand. The Fertiliser Industry recognises that land use and resource use in New Zealand must provide for the economic, social and cultural well-being of the community. The industry s specific interest is in land use and resource use pertaining to agricultural production. This submission has been developed with full consultation with our member companies, Ballance Agri- Nutrients Ltd and Ravensdown Fertiliser Co-operative Ltd. We would like to thank the Environment Canterbury for this opportunity to present a submission on the Proposed Regional Policy Statement. We welcome ongoing discussion on any points raised, and trust that are our comments are helpful in the process of amending and finalising the Proposed RPS. GENERAL COMMENTS The fertiliser industry strongly supports proactive programs and policy which encourage responsible, good agricultural practices that enable rural land use to bring economic benefits and economic security to the region while avoiding, remedying or mitigating any adverse effects of land use practices. The industry supports systems that provide flexibility for land users to engage appropriate tools and practices, which manage farm system losses, while retaining the flexibility to responsibly apply appropriate levels of the farm system inputs that are required to meet commercially viable production. Indeed this outcome is essential for the national and regional economy. The fertiliser industry continually advocates for Policy and Plan processes which: a. are output based, (i.e. targeting achievable environmental outcomes, as is consistent with the RMA, and not regulate inputs or production limits) b. maintain flexibility and encourage innovation to avoid, remedy or mitigate environmental effects, while also maintaining and developing economic, social and cultural well being. c. pursue Industry Best Management Practices, using: Codes of Practice Education programs Incentives for adoption d. encourage close collaboration and co-operation with industry bodies and sector representatives to find solutions to address land management issues e. seek catchment based environmental targets and goals, which are consistent with current and intended land use. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 2

3 SUBMISSION 1.0 Chapter 3 : Resource management processes for local authorities Introduction, Sections Implementation of the Canterbury Regional Policy Statement by Local Authorities 1.1 Support is given to the use of the terms will, should and may in describing methods to be implemented by regional council and territorial authorities. 1.2 Retain the use of the terms will, should and may in describing methods. 1.3 NZFMRA is concerned that methods which apply to both regional councils and territorial authorities will give rise to conflict in approach and lack of clarity for the responsibility for actions. (For example : Methods for Policy or Policy (1) and (2) ) 1.4 Separate and clarify method and responsibilities within the functions for regional and territorial authorities. 2.0 Chapter 5 : Land Use and Infrastructure Objective Location, design and function of development. 2.1 Objective includes the bullet point (e) enables rural activities that support the rural environment 2.2 Within the wording of the policy itself, it is not specifically clear what the term rural environment refers to. The Principle reasons and explanation indicates it is to support and provide for economic rural production. 2.3 Amend Objective (e) as follows ; e) enables rural activities that support the rural environment primary production from Canterbury s rural areas. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 3

4 3.0 Chapter 5 : Land Use and Infrastructure Policy Rural production (Wider region) 3.1 The intent of this policy is supported in terms protecting the natural and physical resources contributing to economic rural production, and in terms of protecting against reverse sensitivities. 3.2 Retain the intent of this policy. 3.3 Method (2) (b) (iv) identifies that Territorial Authorities will ; specify appropriate controls on land-use including subdivision intensification, infrastructure provision and waterway setbacks to manage effects on water quality, and as this reads, these controls on land use are not necessarily restricted to subdivision intensification, infrastructure provision and water way setbacks. 3.4 NZFMRA is concerned about potential conflict with and duplication of responsibilities and function of Regional Council. 3.5 Maintain a clear distinction between the methods and responsibilities of Regional Council and Territorial Authorities. 3.6 Principal reasons and explanation introduces Land Use Capability Classification System as an example of categorizing soil values. 3.7 NZFMRA believes Land Use Capability Classification System is limited in its suitability for land use management in a regulatory sense, and NZFMRA cautions against developing land use management centred on LUC values. 3.8 NZFMRA and its member companies, as interested stakeholders, wish to participate in discussion and consultation on the use of LUC system in this context. 3.9 Remove reference in to Land Use Classification System in the Regional Policy Statement, as management tool Acknowledge NZFMRA as a key stakeholder to engage with for identifying appropriate management methods in relation to natural and physical resources for the productive rural economy. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 4

5 4.0 Chapter 7 : Freshwater Introduction 4.1 The introduction to this chapter includes; i) description of the separate functions of Regional Councils and Territorial Authorities, ii) reference to the purpose of the Resource Management Act and iii) definition of sustainable management. 4.2 The introduction to this chapter also includes a segment on the Canterbury Water Management Strategy (CWMS) and the relationship between the Canterbury Regional Policy Statement and the CWMS. 4.3 NZFMRA supports the inclusion of these references for the context and clarity of purpose they provide. 4.4 Retain these references within the introduction of this chapter. 5.0 Chapter 7 : Freshwater Policy Adverse effects on natural character of freshwater 5.1 The intent of this policy is supported. 5.2 The Principal reasons and explanation describes that under resource use and management the natural character of many rivers and lakes are modified in various ways, and these changes can be highly valued. It also explains that Policy is not intended to preclude all activities within a catchment irrespective of their effects, and goes onto explain it is a fundamental part of achieving the purpose of the RMA that water is made available for abstraction for irrigation, hydro electricity generation and other activities to provide for our economic and social well-being. 5.3 Retain these aspects of Policy Natural character is a key term for the Objectives and policies in this chapter, but there is no definition in the glossary 5.5 Include a definition for natural character of waterbodies. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 5

6 6.0 Chapter 7 : Freshwater Policy Fresh water quality 6.1 Support is given to the intent of this policy. 6.2 Retain the intent of this policy 7.0 Chapter 7 : Freshwater Method (1) (b) 7.1 Controlling discharge of contaminants to ensure compliance with water quality standards in the catchment, requires a high level of scientific evidence supporting direct links and known quantities of contaminant losses which will result in meeting water quality standards for the catchment of concern. 7.2 It is noted that; not all effects, particularly cumulative effects, are fully understood and easily managed (Proposed RPS Issue 7.1.1) 7.3 Support is given to the intent of this method, provided this uncertainty is provided for when standards are set to meet balanced objectives which protect the environment while providing for economic, social and cultural well-being. 7.4 Amend Method (1) (b) in order that regional council is required to set objectives, policies and methods in regional plans to; Control the discharge of contaminants into water or onto land where it may enter water, to ensure compliance with the by ensuring land users take reasonable and practicable steps with regard to the purpose of the RMA, in order to meet identified water quality standards within the catchment. 8.0 Chapter 7 : Freshwater Policy Water quality and land uses 8.1 The purpose and outcomes of Policy are already achieved by Policy 7.3.6, which specifically includes a requirement for managing land uses. 8.2 NZFMRA is opposed to this duplication in Policy directives. 8.3 Delete Policy Water quality and land use. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 6

7 9.0 Chapter 7 : Freshwater Policy Resolution of freshwater management issues 9.1 Involvement of local people and communities in stewardship of water resources, and provision for audited self management is supported. 9.2 The introduction of water quality standards/limits within a self-regulation/permitted activity regime with regard to nutrient management is supported. 9.3 Retain the policy to provide for involvement of local people and communities and self management, including self monitoring, auditing and reporting. 9.4 Retain the methods for self audited management, and provide for its application within a permitted activity regime. 9.5 Within the Principle reasons and explanations section, the principle to promote a framework for freshwater management that involves a greater participation and action by local people and communities is generally supported. 9.6 The goals should be consistent with the RMA, in consideration that under the RMA sustainable management does not require protection of the environment to the exclusion of all other considerations, therefore the final line of the Principal reasons and explanations should refer to agreed standards for the water body in question. 9.7 Amend Principle reasons and explanations (3) to read ; Thirdly, to give effect to the purpose of the RMA by providing opportunities within the regulatory framework for fresh water management, for consent holders to take more responsibility for how they manage their taking and use of fresh water or their discharge of contaminants, provided they can meet agreed standards required to protect the environment for the particular waterbody Chapter 15 : Soils Introduction 10.1 The introduction states that; Soil quality is a measure of productive potential, but should acknowledge soil quality is just one factor in productive potential The introduction places undue emphasis on Land Use Classification, stating; NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 7

8 Less versatile soil will need more inputs to achieve similar production or will simply be unsuitable for agriculture or forestry In some situation poorer class soils can be highly productive for certain enterprises. Vineyards are a common example Amend wording to acknowledge soil quality as one factor of productive potential Amend the introduction to reduce emphasis on Land Use Classification, and apply principles of providing for the productive capacity of all soils Chapter 15 : Soils Objective Maintenance of soil qualities 11.1 This objective is supported 11.2 Retain Objective Chapter 17 Contaminated Land Policy Identify potentially contaminated land 12.1 In relation to Hazardous Activities and Industry List (HAIL), Ministry of Environment guidelines state that ; The fact that an activity or industry appears on the list does not mean that hazardous substances were used or stored on all sites occupied by that activity or industry, nor that a site of this sort will have hazardous substances present in the land. This consideration is not reflected in the Policy or its explanations, and should be included The requirement in Method (2) to have land which is identified as having been used for Hazardous Activity or Industry ( on the HAIL list) investigated to verify the existence of, and /or level of contamination is not consistent with the Proposed NES for assessing and managing contaminants in soil The Policy Objective of the Proposed NES for assessing and managing contaminants in soil is to address the identified issues by ; Ensuring that land affected by contaminants in soil is appropriately identified and assessed at the time of being developed and if necessary remediated, or the contaminants contained, to make the land safe for human use. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 8

9 12.4 To be consistent with the Proposed NES for assessing and managing contaminants in soil, Method (2) with regard to investigation of land should apply at the time of being developed Introduce to Method (2), clarification that investigation to verify the existence of and /or level of contamination should occur at the time of being developed Chapter 17 Contaminated Land Policy Integrated management 13.1 NZFMRA is opposed to this Policy in its current form 13.2 Caution is expressed about the processes and procedures for information sharing and use. NZFMRA believes these must be consistent with nationally applied procedures and approaches and not be developed at a regional and territorial scale Redraft the policy to ensure nationally consistent procedures and processes apply for holding and maintaining a register of known contaminated land, and land that has been subject to Hazardous Activity and Industry ( HAIL), and for the sharing and use of this information Chapter 18 Hazardous substances Policy Avoid remedy or mitigate adverse effects 14.1 Method (2) sets an expectation that regional council Should identify in the Regional Transport Strategy routes for the safe transport of hazardous substances, that will avoid or mitigate potential effects of that transport to communities and environment This should be strengthened to will 14.3 NZFMRA recommends to replace the world should for Method (2) of this policy with the word will End. NZFMRA Submission: ECAN Proposed RPS ; 15 August 2011 Page 9