National Policy Statement for Freshwater Management: Progressive Implementation Programme for Hawke's Bay

Transcription

1 National Policy Statement for Freshwater Management: Progressive Implementation Programme for Hawke's Bay Adopted: 25 November 2015 Date of public notice: XX 2015

2 Purpose The purpose of this updated progressive implementation programme 1 is to outline the continued staged implementation of key projects that the Hawkes Bay Regional Council will undertake to implement the 2014 National Policy Statement for Freshwater Management (NPS-FM). The previous HBRC approved implementation programme was under the 2011 NPS-FM. A number of the programmes have been implemented, are underway and in some cases have been amended/delayed due to various changes in focus arising from Long Term Plan and Annual Plan reporting and decisions. The Regional Council was previously required to prepare and notify the implementation programme in accordance with Policy E1 of the NPSFM. With amendments to the NPS-FM coming into effect in July 2014, the Regional Council has updated the implementation programme as required by Policy E1(f), and this complements annual plan reporting in implementation as required by Policy E1(e). NPSFM Policy E1 reads (2014 updates shown in bold/crossed through): a) This policy applies to the implementation by a regional council of a policy of this national policy statement. b) Every regional council is to implement the policy as promptly as is reasonable in the circumstances, and so it is fully completed by no later than 31 December ba) A regional council may extend the date in Policy E1(b) to 31 December 2030 if it considers that: i. Meeting that date would result in lower quality planning ii. It would be impracticable for it to complete implementation of a policy by that date c) Where a regional council is satisfied that it is impracticable for it to complete implementation of a policy fully by 31 December , the council may implement it by a programme of defined time-limited stages by which it is to be fully implemented by 31 December 2025 or 31 December 2030 if Policy E1(ba) applies. d) Any programme of time-limited stages is to be formally adopted by the council by 31 st December 2015 and publicly notified. within 18 months [ie: by 12 November 2012] of the date of gazetting of this national policy statement, and publicly notified. e) Where a regional council has adopted a programme of staged implementation, it is to publicly report, in every year, on the extent to which the programme has been implemented. f) Any programme adopted under Policy E1 c) of the National Policy Statement for Freshwater Management 2011 by a regional council is to be reviewed, revised if necessary, and formally adopted by the regional council by 31 December 2015 and publicly notified. 1 The first NPSFM Implementation Programme was adopted and published by HBRC September

3 Context Freshwater is one of our region s most precious natural resources and much of the Regional Council s work revolves around it. On the 4 th July 2014 the Government issued the reviewed and updated the NPS-FM. Subsequently in August 2015, the Ministry for the Environment updated its guidance notes about the 2014 NPS-FM. The NPSFM does not specify exactly how it shall be implemented, but sets the policy framework within which the regional community can determine how the Regional Policy Statement and Regional Plans should be amended. The MfE guidelines help provide advice on the ways in which the NPSFM can be implemented Further ongoing review of the NPSFM is programmed and expected in Dr Jan Wright, the Parliamentary Commissioner for the Environment (the PCE) has provided a leading interest in the NPS-FM, reflecting the strong national interest in freshwater quality. The PCE has released a number of reports on freshwater quality including: Managing Water Quality: examining the 2014 National Policy Statement (June 2015) Update Report: Water Quality in New Zealand: Land use and nutrient pollution (June 2015) Proposed Amendments to the National Policy Statement for Freshwater Management 2011 (Feb 2014) Water Quality in New Zealand: Land use and nutrient pollution (Nov 2013) Update Report: Water Quality in New Zealand: Understanding the science (June 2013) PCE Freshwater Reforms Submission (April 2013) Water Quality in New Zealand: Understanding the science (March 2012) The NPS-FM sets the national policy direction for improving water quality and protecting life in our rivers, lakes, streams, wetlands and aquifers. It is a prime responsibility of Hawkes Bay Regional Council to implement the NPS-FM as it relates to our region. 2

4 Key elements already in place In support of the NPS-FM implementation programme, the following key supporting elements are already in place 2 : Operative Second Generation Regional Policy Statement. The RPS is included within the Regional Resource Management Plan Operative second generation combined regional plan (RRMP) Monitoring strategies are in place that form the basis of the state of the environment programmes and reporting of monitored trends in our waterbodies A management plan is in place for the Karamu Stream to improve drainage and water quality Investments in forestry to enable wastewater to be removed from influencing groundwater and surface water in Mahia Irrigation user groups have been set up by irrigators with Regional Council assistance in the Ruataniwha, Ngaruroro and Twyford areas. The initiative is intended to ensure water is used efficiently, and in some cases, transferred between users where this will result in greater efficiencies and less pressure on the water resource Regional Planning Committee 3 formed and operating since June 2012 as the model (preferred by the Crown, Regional Council and majority of Treaty Claimant Groups in Hawke s Bay) of co-governance for natural resource management in our region. This is particularly relevant to NPSFM Policy D1 Nine Treaty Claimant Groups are entitled to be represented on the RPC Hawke s Bay Land and Water Management Strategy adopted 2011 Collaborative processes and numerous stakeholder groups active in various catchments across our region (for example: Taharua Stakeholder Group, TANK Stakeholder Group) Continued investment over next 10 years ( ) into scientific data collection, analysis and reporting Regional assessments of values of rivers completed using RiVAS methodology 4. Since the 2012 NPSFM Implementation Programme was adopted on the 26 th September 2012, the following progress has also been made: Plan Change 4: Managing the Built Environment, made operative on 1 January Plan Change 5: publicly notified in October 2012 and only parts of one appeal remain in relation to the definition of wetland, anticipated to be resolved early Plan Change 6: Tukituki catchment, operative on 1 October TANK group: continually progressing the collaborative approach to plan change preparation for the Greater Heretaunga /Ahuriri Catchment Area (Clive/Karamu, Ngaruroro, Tutaekuri, Ahuriri, Heretaunga aquifer) Taharua catchment group and Mohaka consultation to plan change preparation for the Mohaka River catchment East Coast Hill Country Conference October 2015: adding momentum towards a collaborative ECHC strategy Publication of the 5-yearly State of the Environment monitoring Trends summary report spanning the period. 2 The Hawke's Bay Regional Council s Strategic Plan (HBRC Plan number 4282) adopted in October 2011, identifies a more comprehensive listing of key achievements under the headings of land; water quality; water allocation; water security; natural hazard management and infrastructure; people and communities; foresight and strategies; investment for sustainable regional growth; strategic alliances; and fit for purpose organisation. 3 Regional Planning Committee is a standing committee of the Regional Council. The Committee has a further legislative mandate by the Ngati Pahauwera Treaty Claims Settlement Act This has been established in legislation and it endures through local government triennial terms. 4 RiVAS methodology has been developed by Lincoln University to provide a standardised method that can be applied to multiple river values. It helps to identify which rivers are most highly rated for each value and has been applied in several regions throughout the country. 3

5 Programme for Implementation There are three key documents which provide directions as to what the Regional Council does in relation to freshwater management in Hawke's Bay. These documents are: The Hawke's Bay Regional Council Strategic Plan (October 2011) The Hawke's Bay Land and Water Management Strategy (November 2011) The Hawke's Bay Regional Council Long Term Plan (June 2015), and subsequent annual plans and long term plans over the implementation period. These documents direct that the Regional Council will implement 5 the NPS-FM using a variety of methods, in particular: Amendments to the Regional Policy Statement; Amendments to regional plans (Regional Resource Management Plan and Regional Coastal Environment Plan); Assessment of, and decisions on, resource consent applications; and A range of non-regulatory initiatives that sit outside of the tools and requirements of the Resource Management Act. Examples of these initiatives are identified in the Hawke's Bay Regional Council Strategic Plan. 6 Reporting Annual reporting on Programme Implementation is required by Policy E1(e) of the NPS-FM. The Council has been, and will continue, reporting annually on programme implementation progress in its Annual Report. Over the course of preparing and making decisions on the LTP, and each annual plan since the first progressive implementation programme in 2012, a number of modifications have been made to the programme. Figure 1 has been updated from the original 2012 programme to include the changes that the Council has made. Figure 2 illustrates the catchment areas referenced in Figure 1. Financial and Resourcing Implications If, as a result of annual reporting of the implementation programme, the programme requires further flexibility to change, or is falling behind, the programme will be reviewed along with financial and resourcing requirements as part of the next Annual Plan or Long Term Plan process. The NPS-FM requires overall policy implementation by This timeframe may be extended out to 2030 if necessary and required (refer Policy E1(ba)). 5 The Guide to the NPS-FM 2014 notes: a) Recognition that each region will have different circumstances in determining when and how to give effect to the NPS-FM b) That where policies of the NPS-FM require regional councils to make or change RPS or regional plans, these changes must be fully operative for this Policy to be considered implemented; c) The NPS-FM does not need to be given effect to within one plan change, nor in the first available plan change; and d) Timelines in NPS-FM Policy E1 relate to putting in place the necessary policies, plans and/or methods by October 2011 (HBRC Plan number 4282). These include for example, establishing partnerships with a range of sector and institutional organisations founded on common values and long term benefits. 4

6 FIGURE 1 Progressive Implementation Programme s indicative timeline (Years based on the July to June financial year) Associated science investigations to support RMA plan change policy decision-making Statutory process appeals on decisions (assumes up to 2 years) Statutory process policy development key initiatives that contribute to NPS-FM implementation (and in Long Term Plan ) Statutory process notification to decisions (assumes up to 2 years) # Related milestone specified in Long Term Plan/Annual Plan October 2015 HBRC Activity RPS Change 4 (Built Environment) OPERATIVE* RPS Change 5 (Land and Fresh water management) SUBJECT OF APPEAL Plan change 6 (Tukituki Catchment) OPERATIVE* Plan change: Mohaka River catchment # Plan change: Greater Heretaunga / Ahuriri Catchment Area (a.k.a. TANK catchments ) # Plan change: Urban stormwater # Commence review of Regional Coastal Environment Plan # Plan Change: Outstanding freshwater bodies # Plan Change: Remaining catchment areas (Esk-Tutira, Wairoa, Porangahau, and Southern Coast) # Commence review of RRMP and RPS content not previously amended since becoming operative # Statutory Advocacy and reporting (ongoing)** Plan Change 6 Tukituki catchment Implementation annual reporting** Heretaunga Plains Urban Development Strategy review** State of the Environment monitoring and reporting (5 yearly, plus annual reporting)** Regional Energy Strategy preparation** River Ecological Management and Enhancement Plans** East Coast Hill Country Strategy preparation** # Facilitation of Water user groups** Land Management Operational Plan (with integrated monitoring)** Land Management sub catchment plans (for priority hotspots)** Land Management collaborative initiatives (including non-regulatory implementation plans)** Regional wetland inventory and monitoring strategy** Regional Afforestation Scheme** * These workstreams/activities have been completed. They are included in the Programme for reference purposes only and will not be reported on annually. ** These workstreams/activities may have some components that are directly or indirectly related to freshwater management planning and policy development. They are included in the Programme for reference purposes only and will not be reported on annually. 5

7 FIGURE 2 Catchment areas (in relation to catchment based Plan Changes in Figure 1: 6