Minutes of Environmental Management Committee

1. WELCOME/APOLOGIES/NOTICES

Chairman von Dadelszen welcomed everyone to the meeting and called for any notices.

Gavin Ide had two notices:

Central Government Notice in relation to Boundaries was only in relation to the seaward boundaries of City and District councils. Does not affect the RMA boundaries.

NES for Plantation Forestry

Councillor Kirton extended his apology for lateness.

EMC1/11 Resolution

That the apology from Councillor Kirton be accepted.

Rose/Wilson

CARRIED

2. CONFLICT OF INTEREST DECLARATIONS

There were no Conflict of Interest declarations.

3. CONFIRMATION OF MINUTES OF the Environmental Management Committee held on 13 April 2011

EMC2/11

Resolution

That the minutes of the Environmental Management Committee held on Wednesday, 13 April 2011, a copy having been circulated prior to the meeting, be taken as read and confirmed as a true and accurate record.

McGregor/Scott

CARRIED

4. Matters Arising from Minutes of the Environmental Management Committee held on Wednesday 13 April 2011

There were no matters arising from the minutes.

Action Items from Environmental Management Committee Meetings

An updated list of Actions was tabled.

Mr Lew updated the Committee on the Opoutama Wastewater Scheme appeal and mediation process, advising that staff were continuing to work through the mediation process.

EMC3/11

Resolution

1. That the Environmental Management Committee receives the report “Action Items from Environmental Management Committee Meetings”.

Rose/McGregor

CARRIED

Call for General Business Items

.Makara Flood Protection Scheme (M Black)

Cartage of silt around Gibraltar Road (M Black)

Membership of the Ruataniwha Stakeholder group (C Scott)

Proposed On Site Wastewater Plan Change

Mrs Drury provided the committee with an overview of the proposed changes, including the rationale for making the changes and explanations of the issues that staff had considered and attempted to address. An initial ‘informal consultation’ period of 3 weeks gave targeted groups an opportunity to comment on the proposed changes, resulting in submissions being received from 2 members of the general public and 2 consultants.

It was suggested that a policy be developed to deal with the circumstance where consent renewals are required within the transition period between now and prior to the new rules becoming operative. Staff intend to send communications out to consent holders affected and Mr Lew will carefully consider the ‘fair and reasonable’ costs being recovered.

EMC4/11

Resolutions

The Environmental Management Committee recommends that Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision because the Resource Management Act allows people to have an opportunity to submit on the proposed Change and Variation following a decision by Council to publicly notify them.

2. Adopts the “Section 32 Evaluation Summary: Change 3 - Regional Resource Management Plan: on-site wastewater/ Variation 3 – Proposed Regional Coastal Environment Plan: on-site wastewater” (Attachment 1) and make it available for public inspection.

3. Adopts Change 3 to the Regional Resource Management Plan (Attachment 2) for public notification in early July 2011.

4. Adopts Variation 3 to the proposed Regional Coastal Environment Plan (Attachment 2) for public notification in early July 2011.

5. Resolves that the proposed rules have legal effect only once the proposed change (Change 3 and Variation 3) becomes operative in accordance with clause 20 of Schedule 1 of the RMA.

Scott/Rose

CARRIED

Councillor Scott moved an additional resolution, which was seconded by Councillor Rose.

6. Instructs staff to implement a communication strategy around those consent holders who are renewing their consents prior to May 2012.

Scott/Rose

CARRIED

Withdrawal of Air Quality Rules

Mr Ide outlined this recommendation to withdraw two rules relating to discharges of PM₁₀ from existing industrial and trade premises within the Napier and Hastings airsheds as a consequence of amendments to the Ambient Air Quality (PM₁₀) National Environmental Standards which came into effect on 1 June 2011.

EMC5/11

Resolutions

The Environmental Management Committee recommends that Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and makes decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Withdraws Rule 18a in Change 2 to the Regional Resource Management Plan and Rule 63A in Variation 2 to the proposed Regional Coastal Environment Plan; and gives notice of the withdrawal for the following principal reasons:

2.1. The rules are no longer necessary now that penalties have been revised and removed from the original National Environmental Standard for ambient PM₁₀ air quality for ambient airshed quality non-compliance.

2.2. Withdrawing the rules will reduce potential confusion and uncertainty for assessing PM₁₀ contaminants alongside all other contaminants in discharges to air from industrial and trade premises in the Hastings and Napier airsheds.

Scott/Wilson

CARRIED

Navigation Safety Bylaws Review – Special consultative Process

Mr Lawrence introduced Mr Phil Norman, Harbourmaster, who started with Council in February.

Mr Lawrence then outlined the safety issues identified through the monitoring of the navigation and safety bylaws over the last Summer period and feedback received from the community which staff consider significant enough to warrant undertaking a review of the Bylaws in time for them to be in effect at the beginning of the upcoming Summer period.

It was noted that Maritime New Zealand was moving to hand responsibility for navigation and safety for all water bodies (i.e. Lake Waikaremoana) back to regional councils.

EMC6/11

Resolutions

The Environmental Management Committee recommends that Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Commences a special consultative procedure under the Local Government Act 2002 for reviewing the Hawke’s Bay Navigation Safety Bylaws 2007, with the aim of having new bylaws produced November 2011.

Rose/Wilson

CARRIED

10.

Dangerous Dams Policy Review - Special Consultative Process

Mr Lawrence explained the approach staff wish to take to review the Dangerous Dams Policy as required under the Building Act, even without the Department of Building and Housing providing a definition of a ‘dangerous dam’.

It was suggested that the Local Government Minister be informed of the implications of these types of issues which may affect Council costs and therefore create difficulties when trying to limit rates rises. It was further requested that the Minister of Building & Housing (Hon Maurice Williamson) be advised of the regional council sector’s dissatisfaction in relation to that department’s performance.

EMC7/11

Resolutions

The Environmental Management Committee recommends that Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

2. Commences a special consultative procedure under the Local Government Act 2002 for reviewing the Dangerous Dams Policy, with the aim of having a new policy produced by the end of November 2011.

Wilson /McGregor

CARRIED

The meeting adjourned at 10.40am and reconvened at 11.00am.

Councillor Dick extended his apologies, as he was required to attend another meeting and would return as soon as able.

EMC8/11 Resolution

That the apology from Councillor Dick be accepted.

Rose/Wilson

CARRIED

11.

Tukituki High Flow Allocation Modelling

Mr Waldron provided the Committee with an overview of the key scientific findings of the Tukituki River Catchment High Flow Allocation Modelling report and how this information will be used to inform Council’s water allocation plan change development.

Councillor Dick re-joined the meeting at 11.10am.

Ms Codlin provided clarification as to the science work required in order to provide sufficient scientific and technical information to enable determination of allocation limits for other catchments in the region.

EMC9/11

Resolution

1. That the Environmental Management Committee receives the report.

Scott/Wilson

CARRIED

12.

Update on Unwanted Agrichemical Collection Programme

Mr King provided an overview of what the programme was achieving, both in terms of costs and quantities of chemicals recovered, and in terms of achieving its objectives.

Councillor Kirton joined the meeting at 12.00pm

EMC10/11

Resolution

1. That the Environmental Management Committee receives the report.

Remmerswaal/Rose

CARRIED

13.

Statutory Advocacy Matters

Mr Ide drew the Committee’s attention to the current situation in relation to the Glenn Bowman subdivision application in Jervoistown, on which the Napier City Council’s Commissioner’s decision to decline has recently been released.

EMC11/11

Resolution

1. That the Committee receives the Statutory Advocacy Update report.

Kirton/Rose

CARRIED

14.

General Business

a. Makara Flood Protection Scheme (M Black)
The maintenance of the Scheme has been raised as an issue from within the community.

b. Cartage of silt around Gibraltar Road (M Black)
The costs of carting silt from CHB has been raised by community members as an issue.

c. Membership of the Ruataniwha Stakeholder group (C Scott)
There is an apparent gap in the Tukituki representation on the group, particularly irrigators from the lower catchment (mid and lower reaches of the river).

Closure:

There being no further business the Chairman declared the meeting closed at 12.20pm on Wednesday, 15 June 2011.

Signed as a true and correct record.

DATE: ................................................ CHAIRMAN: ...............................................