SUBMISSION ON PROPOSED NEW PLYMOUTH DISTRICT PLAN
To: District Plan Team New Plymouth District Council Private Bag 2025 New Plymouth 4340 [email protected] / [email protected]
Name of Submitter: Greymouth Petroleum Ltd
Address for Service: Greymouth Petroleum Ltd 14 Connett Road West Bell Block New Plymouth Attention: Tanya Hansen Consenting & Land Manager [email protected]
INTRODUCTION
1. This is a submission by Greymouth Petroleum Ltd (“GPL”) on the proposed New Plymouth District Plan (“proposed District Plan”).
2. GPL generally supports the proposed District Plan, however it considers there are provisions which require amendment/clarification. In relation to such provisions, GPL seeks the relief set out in Attachment A for the reasons also set out in the attachment.
P +64 9 357 0600 | 78 Jervois Road, Ponsonby | PO Box 47516, Ponsonby, Auckland 1144 | www.chancerygreen.com GREYMOUTH PETROLEUM LTD
3. GPL is a New Zealand owned and operated company with its operations base in the Bell Block, Taranaki, and with commercial offices in Auckland. GPL’s business focus is the upstream petroleum industry, with production and development of, and exploration for, hydrocarbons at the top of its agenda.
4. GPL markets gas directly to key industrial and commercial customers through the third party owned open-access transmission system. The company is the principal supplier of gas to NZ’s only ammonia urea plant (owned by Ballance Agri-Nutrients – the co-operative owned by New Zealand’s farmers). Other industries requiring gas as fuel or feedstock include starch, dairy, cardboard and food packaging, brewery, peroxide, limestone, building products, meat, rendering, food and oils and methanol.
5. The company has a strong Taranaki Basin focus and its operating objective is to be the lowest- cost vertically-integrated operator.
GPL Assets
6. GPL was formed in 2000, and in 2001 acquired the Kaimiro and Ngatoro producing oil and gas fields from Shell, following divestment obligations connected with Shell’s acquisition of Fletcher Challenge Energy. Thereafter, GPL had exploration success in North Taranaki with the discovery and development of the Turangi, Kowhai and Onaero overthrust fields.
7. GPL’s portfolio consists of six onshore mining permits and three onshore exploration permits.
2
8. GPL has reviewed every Block Offer developed by the Crown since 2000 and has been successful with 13 exploration permit awards (10 permits - onshore Taranaki, 2 permits - offshore Taranaki, 1 permit - offshore Great South Basin).
Reserves and Production
9. GPL supplies approximately 10% of NZ’s daily gas production. Its production in 2018 was 3.5 mmboe (million barrels of oil equivalent). The company ranks second amongst NZ-owned petroleum production companies when measured on a remaining reserves basis, owning circa 17% of NZ’s gas reserves measured on a 2P (proven and probable) basis. GPL’s ratio of 2P gas reserves to annual production is the highest in NZ, currently ~20 years.
GPL Operations in Taranaki
10. GPL is a significant contributor to the Taranaki regional economy. GPL’s Taranaki operations cover four separate service businesses which support development, exploration and production activities:
• environmental services
• coil and wireline services
• drilling via its fleet of five drilling units
• trucking services
11. These GPL activities directly employ over 150 staff and contractors and use the services of many local businesses and contracting firms. GPL purchases goods and services from (mainly) Taranaki suppliers to the value of approximately $65 million a year. GPL provides sponsorship to many different sporting groups and organisations within Taranaki and New Zealand and values giving back to the community. GPL also contributes $35 million in tax and royalty payments annually to the Crown.
CONCLUSION
12. GPL seeks the relief sought in Attachment A and any necessary consequential or related/further amendments to the proposed District Plan to provide for the concerns expressed in its submission.
3 13. GPL wishes to be heard in support of this submission. If others make a similar submission, GPL would consider presenting a joint case with them at a hearing.
14. GPL could not gain an advantage in trade competition though this submission.
Dated this 22nd day of November 2019
For and on behalf of GREYMOUTH PETROLEUM LTD
______Karen Price / Steve Mutch of ChanceryGreen
Legal Counsel for Greymouth Petroleum Mining Group
4
ATTACHMENT A: DETAILED SUBMISSION TABLE
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Part 1: Introduction and General Provisions
Interpretation: Definitions
BUILDING Support GPL supports the definition as drafted to Retain the definition as drafted align with the National Planning Standards: has the same meaning as BUILDING in section 2 of the Definitions Standard. RMA (as set out in the box below): means a temporary or permanent movable or immovable physical construction that is: a. partially or fully roofed, and b. is fixed or located on or in land, but c. excludes any motorised vehicle or other mode of transport that could be moved under its own power.
CONSTRUCTION WORK Oppose GPL supports the general form of the CONSTRUCTION WORK has the definition as drafted to align with section 2 of same meaning as given in Section 2 has the same meaning as given in Section 2 of the the (now repealed) Construction Act 1959, of the (now repealed) Construction Construction Act 1959 [for brevity not repeated here] acknowledging direction in the National Act 1959 (as set out below): Planning Standards for consistency in means any work in connection with definitions. However, the definition goes the construction, erection, beyond Section 2 of the Construction Act installation, carrying out, repair, 1959 in excluding petroleum exploration. GPL maintenance, cleaning, painting, considers that the reference to petroleum renewal, alteration, dismantling, or exploration should be removed to keep the demolition of: definition consistent with the Construction Act 1959 (meaning that petroleum exploration (a) Any building, erection, works may come within the definition of edifice, structure, wall, fence, or Construction Work). chimney, whether constructed wholly or partly above or below ground;
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Given the Construction Act 1959 has been (b) Any road, motorway, harbour repealed, this should also be clarified in the works, railway, cableway, tramway, definition to avoid the potential for confusion. canal, or aerodrome; (c) Any drainage, irrigation or river control work;
(d) Any electricity, water, gas,
telephone, or telegraph reticulation;
(e) Any bridge, viaduct, dam, reservoir, earth-works, pipeline, aqueduct, culvert, drive, shaft, tunnel, or reclamation; (f) Any scaffolding; and includes any work in connection with any excavation, site preparation or preparatory work carried out for the purpose of any construction work; and also includes use of any plant, tools, gear, or materials for the purpose of any construction work. but does not include petroleum exploration.
ENERGY ACTIVITES Support GPL supports the definition for clarity in Retain the definition as drafted interpreting plan provisions. means the use of land and/or buildings for: • renewable electricity generation activities; and/or • oil and gas activities (petroleum prospecting, petroleum exploration and petroleum production).
GAS TRANSMISSION PIPELINE Support GPL supports the definition for clarity in Retain the definition as drafted interpreting plan provisions.
2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT means a gas transmission pipleine with a pressure greater than 2,000 kilopascals. It is identified as the 'gas transmission pipeline' on planning maps.
MAINTENANCE AND REPAIR Support GPL supports the definition as drafted, Retain the definition as drafted including with respect to network utilities. means in relation to buildings and structures, works that will restore or keep the building or structure in a good or sound condition by using the same or similar materials and retaining the existing form, proportions, finishes and characteristics. It does not include additions, or for buildings, any visible structural changes to the external façade. means, in relation to an identified heritage building, item or interior element, works that will restore or keep it to a sound condition by using the same or similar materials and retaining the existing form, proportions, finishes and characteristics. It includes seismic strengthening that is not visible on the exterior of a building or item, or on an interior element, as well as seismic strengthening carried out internally that is not visible from outside the building. means, in relation to a network utility, any work or activity necessary to continue the operation and/or functioning of an existing network utility. It does not include upgrading. means, in relation to the transport network, the repair, replacement or renewal of the transport network where the works do not alter the character, intensity and scale of the transport network.
MAJOR FACILITIES: Oppose GPL supports the introductory wording of the Include the following GPL facilities in definition’s description of a Major Facility but the definition: means those facilities which are regionally or nationally seeks specific inclusion of the following GPL significant, and which contribute to the economic and MAJOR FACILITIES: facilities in the definition:
3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT social wellbeing of the community. In the context of the • Turangi Production Station means those facilities which are district, these include: • Kowhai Production Station regionally or nationally significant, • and which contribute to the • Methanex Motunui; Kaimiro Production Station • • Onaero Wellsite economic and social wellbeing of the Methanex Waitara Valley; community. In the context of the • • Ngatoro Production Station McKee Mangahewa Production Station; district, these include: • Pohokura Production Station; Turangi, Kowhai, and Kaimiro Production • Omata Tank Farm; and Stations are specifically identified in the list of • Methanex Motunui; • Paritutu Tank Farm. production stations throughout the district in • Methanex Waitara Valley; the Energy Chapter s32 report and - along • McKee Mangahewa Production
with Ngatoro Production Station - are the only Station; production stations in the district not identified • Pohokura Production Station; as Major Facilities. • Omata Tank Farm; and • The facilities sought to be identified as Major Paritutu Tank Farm; • Facilities by GPL contribute significantly to Turangi Production Station; • the economic and social wellbeing of the Kowhai Production Station; community and are regionally or nationally • Kaimiro Production Station; significant. • Onaero Wellsite; and • Ngatoro Production Station. By way of background and in support of the relief sought by GPL: • GPL ranks second amongst NZ owned petroleum production companies when measured on a remaining reserves and production basis • GPL holds 17% of NZ’s gas reserves measured on a 2P (proven and probable) basis (327 PJ and 8 million barrels liquid hydrocarbon) • GPL supplies circa 10% of NZ’s daily gas production (20 PJ per annum) • GPL’s 2018 production was 3.5 million barrels oil equivalent • GPL’s Taranaki operations cover four separate service businesses which
4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT support development, exploration and production activities: o environmental services o coil and wireline services o drilling via its fleet of five drilling units o trucking services. • GPL directly employs over 150 people and indirectly many more • GPL contributes $35 million tax and royalties annually to the Crown • GPL’s annual expenditure in NZ (mainly Taranaki) is approximately $65 million • GPL supplies gas to many important industrial customers to support NZ (fertiliser, dairy, cardboard and food packaging, brewery, limestone and building products, meat, rendering, food and oils) For the avoidance of any doubt (and as confirmed in the related submission point below), GPL is also seeking that its facilities listed above are zoned Special Purpose – Major Facility Zone, with associated precinct provisions comparable to the provisions currently proposed to apply to production stations within the Major Facility Zone.
MINING Oppose GPL does not support the exclusion of Amend the definition as follows: petroleum prospecting, petroleum exploration means to take, win, or extract, by whatever means: MINING or petroleum production from the definition of 1. a mineral existing in its natural state in land; or mining. Oil and gas activities are recognised means to take, win, or extract, by 2. a chemical substance from a mineral existing in as part of rural character in the Operative whatever means: its natural state in land; District Plan (ODP). The proposed exclusion from the definition of mining effectively
5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT but does not include: removes acknowledgement of oil and gas 1. a mineral existing in its activities as rural industry in the Proposed natural state in land; or a. prospecting or exploration for a mineral or District Plan (PDP). Rural industry means an 2. a chemical substance from a chemical substance referred to in paragraph 1 industry or business undertaken in a rural mineral existing in its natural or 2 above; or environment that directly supports, services, state in land; b. petroleum prospecting, petroleum exploration or or is dependent on primary production. In petroleum mining. but does not include: turn, primary production includes mining. For avoidance of ambiguity, GPL considers both a. prospecting or exploration for exclusions (a) and (b) should be deleted to a mineral or chemical have prospecting, exploration and production substance referred to in recognised as rural industry. paragraph 1 or 2 above; or b. petroleum prospecting, In addition, the definition of Mining in the petroleum exploration or Crown Minerals Act 1991 specifically includes petroleum mining. the extraction of petroleum from an underground gas storage facility. In the alternative, GPL seeks consequential/related amendments to appropriately recognise and provide for Oil and Gas Activities (Petroleum Prospecting, Exploration and Production) in the Proposed Plan provisions where Primary Production, Rural Activity, and Rural Industry (and similar) is referred to, including their definitions and nesting tables.
OIL AND GAS ACTIVITIES Support GPL supports the definition for clarity in Retain the definition as drafted interpreting plan provisions. means the use of land and/or buildings for any of the following activities: • petroleum prospecting; • petroleum exploration; and • petroleum production.
6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
PETROLEUM EXPLORATION Support GPL supports the definition, which it Retain definition as drafted considers is appropriate. means any activity undertaken for the purpose of identifying petroleum deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of one or more petroleum substances, and includes any drilling, dredging, use of explosives, excavations (whether surface or sub-surface), hydrocarbon testing, initial production and associated site development activities that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence.
It does not include: • petroleum prospecting; and • petroleum production.
PETROLEUM PRODUCTION Oppose GPL seeks specific inclusion of storage and Amend definition as follows: export (i.e. transport, including in pipes) of any activity undertaken for the purpose of extracting PETROLEUM PRODUCTION petroleum substances as a key activity and processing petroleum substances into a usable associated with petroleum production. Any activity undertaken for the product. purpose of extracting and processing
petroleum substances into a usable product, and associated storage and export (including transport in pipes).
PETROLEUM PROSPECTING Oppose GPL generally supports the definition but PETROLEUM PROSPECTING notes that seismic surveys are not the only means any activity, and the use of associated means any activity, and the use of method of undertaking geological, equipment, undertaken for the purpose of identifying associated equipment, undertaken geochemical and geophysical surveys. The locations likely to contain useable mineral resources, for the purpose of identifying use of ‘i.e.’ suggests seismic surveys are the and includes: locations likely to contain useable only option. The use of ‘e.g.’ is considered mineral resources, and includes: • geological, geochemical, and geophysical surveys more appropriate. (i.e. seismic surveys);
7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT • the taking of samples by hand or hand held • geological, geochemical, and methods; and geophysical surveys (i.e. e.g. • aerial surveys. seismic surveys); It does not include: • the taking of samples by hand • petroleum exploration; and or hand held methods; and • petroleum production. • aerial surveys.
It does not include: • petroleum exploration; and • petroleum production.
PRIMARY PRODUCTION Support GPL supports the definition as drafted to Retain definition as drafted align with the National Planning Standards: has the same meaning as PRIMARY PRODUCTION in Definitions Standard. section 2 of the RMA (as set out in the box below) means: a. any aquaculture, agricultural, pastoral, horticultural, mining, quarrying or forestry activities; and b. includes initial processing, as an ancillary activity, of commodities that result from the listed activities in a); c. includes any land and buildings used for the production of the commodities from a) and used for the initial processing of the commodities in b); but d. excludes further processing of those commodities into a different product.
SEISMIC SURVEY Oppose GPL notes the use of explosives is only one Amend definition as follows: method of undertaking a seismic survey. means any survey undertaken for the purpose of SEISMIC SURVEY GPL seeks an amendment to allow for other petroleum exploration or production that uses forms of seismic survey within the definition. means any survey undertaken for explosives as the seismic energy source. Note that Rule ENGY -R2: Seismic surveys the purpose of petroleum exploration
8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT using explosives effectively captures use of or production that uses explosives explosives in the rule framework. as the a seismic energy source.
SENSITIVE ACTIVITIES Support GPL supports the definition as drafted in Retain the definition as drafted relation to reverse sensitivity matters. means the use of land and/or buildings for: • living activities; • educational facilities; • community facilities; • major healthcare activities; and/or • visitor accommodation.
SIGNIFICANT HAZARDOUS FACILITIES Support GPL supports the definition as drafted for Retain the definition as drafted clarity in interpreting plan provisions. means the use of land and/or buildings (or any part of) for one or more of the following activities: 1. Manufacturing and associated storage of hazardous substances (including manufacture of agrichemicals, fertilisers, acids/alkalis or paints). 2. Petroleum exploration and petroleum production. 3. The storage/use of more than 100,000L of petrol. 4. The storage/use of more than 50,000L of diesel. 5. The storage/use of more than 6 tonnes of LPG. 6. Galvanising plants. 7. Electroplating and metal treatment. 8. Tanneries. 9. Timber treatment. 10. Freezing works and rendering plants. 11. Wastewater treatment plants. 12. Metal smelting and refining (including battery refining or recycling). 13. Milk processing plants (except where milk processing plant is specifically designed to contain and store milk so that any reasonably potential spillage of milk is contained within the site of the
9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT plant until it can be disposed of to an approved wastewater system). 14. Fibreglass manufacturing. 15. Polymer foam manufacturing.
For (3) and (4), it does not include the underground storage of petrol at service stations undertaken in accordance with HSNOCOP 44 Below Ground Stationary Container Systems for Petroleum – Design and Installation and HSNOCOP 45 Below Ground Stationary Containers Systems for Petroleum – Operation.
STRUCTURE Support GPL supports the definition as drafted to Retain definition as drafted align with section 2 of the RMA, has the same meaning as in section 2 of the RMA (as acknowledging direction in the National set out in the box below) Planning Standards for consistency in means any building, equipment, device, or other facility, definitions. made by people and which is fixed to land; and includes any raft.
UPGRADING Support Support this definition subject to maintenance Retain definition as drafted on lines over 2000kPa being a permitted in relation to network utilities, means increasing the activity. carrying capacity, efficiency, security, or safety of a network utility, where it does not result in a permanent change to the location of a structure.
VEHICLE MOVEMENT Support GPL supports the definition as drafted to Retain as drafted provide clarity in rule interpretation relating to means a single journey to or from a particular site by a vehicle trip generation. person or persons in a motor vehicle. Entering a site equals one vehicle movement and exiting a site equals one vehicle movement, i.e. one vehicle to and from a site equals two vehicle movements. Vehicle trip has the same meaning as vehicle movement.
1 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
NUMEROUS DEFINITIONS CROSS REFERRING TO Oppose A number of definitions in the Proposed Plan Correct those Proposed Plan DEFINITIONS IN SECTION 2 OF THE RMA cross refer to definitions in section 2 of the definitions which incorrectly cross RMA. In many cases the definitions referred refer to section 2 of the RMA by
to are not contained in section 2 of the RMA, instead cross referring to the but rather are contained in the National National Planning Standards: Planning Standards: Definitions Standard. Definitions Standard. GPL seeks that these apparent errors be corrected. (Note that certain definitions in the Proposed Plan cross refer to definitions which are found in section 2 of the RMA, and this submission point does not relate to those definitions.)
Part 2: District-wide Matters
Strategic Direction
UFD - Urban Form and Development
UFD-21: Airport, port, major facilities and large scale Oppose Under UFD-21, unless identified as a major Include energy activities within industrial activities are able to operate efficiently and facility, the contribution of energy activities to objective UFD-21 as part of the effectively and the contribution they make to the the economic and social well-being and the strategic direction for the district: economic and social well-being and prosperity of the prosperity of the district does not appear to district is recognised. be specifically recognised within the context of the strategic direction for the district. UFD-21: Airport, port, major
facilities, energy activities and large Similarly, the inclusion of rural UFD-23: Primary production and rural industry activities scale industrial activities are able to industry/primary production in UFD-23 does are able to operate efficiently and effectively and the operate efficiently and effectively not appear to give specific/explicit recognition contribution they make to the economic and social well- and the contribution they make to to energy activities. Whereas the Operative being and prosperity of the district is recognised. the economic and social well-being District Plan specifically included reference to and prosperity of the district is petroleum industry activities as a Rural recognised. Based Industry (and in turn part of rural character), the definition of rural industry under the PDP means an industry or UFD-23: Primary production, and business undertaken in a rural environment rural industry , and energy activities
1 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT that directly supports, services, or is are able to operate efficiently and dependent on primary production. Primary effectively and the contribution they production in turn includes mining, which in make to the economic and social turn does not include petroleum prospecting, well-being and prosperity of the petroleum exploration or petroleum mining district is recognised. (see the above submission point with respect
to the definition of Mining). GPL considers the contribution of energy activities to the economic and social well- being and the prosperity of the district should be specifically acknowledged within the strategic direction for the district.
Energy, Infrastructure and Transport
ENG - Energy
ENGY-O1: The significant local, regional and national Support The objective recognises the significant local, Retain the objective as drafted benefits derived from the use and development of regional and national benefits of energy energy resources are recognised and energy activities activities. are provided for.
ENGY-O2: Energy activities are designed and located Oppose GPL supports the general intent of the Amend objective as follows: to minimise adverse effects on communities and the objective but considers the reference to ENGY-O2: Energy activities are environment while recognising their technical, locational ‘communities’ in plural form creates designed and located to minimise and operational constraints. ambiguity. Reference to the local community adverse effects on the local within the surrounding environment would community communities and the provide greater clarity and correlate with the surrounding environment while extent of localised potential effects. recognising their technical, locational and operational constraints.
ENGY-P1: Allow petroleum prospecting activities in all Support GPL supports the policy intent to allow Retain policy as drafted zones, excluding seismic surveys using explosives. petroleum prospecting activities, noting
ENGY-P2 to provide policy guidance around the use of seismic surveys using explosives.
1 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
ENGY-P2: Allow seismic surveys using explosives in Oppose In addition to those zones already listed in ENGY-P2: Allow seismic surveys the Major Facility Zone and Rural Production Zone the policy, GPL seeks provision for seismic using explosives in the Major Facility provided adverse effects are appropriately managed. surveys using explosives in the Rural Zone, Rural Lifestyle Zone and Rural Lifestyle Zone as a Restricted Discretionary Production Zone provided adverse Activity. The Rural Lifestyle Zone sits within effects are appropriately managed. petroleum permits and adverse effects are able to be appropriately managed.
ENGY-P3: Allow petroleum exploration and petroleum Support The policy aligns with the rule framework Retain policy as drafted production activities to occur in the Major Facility Zone (ENGY-R3 and ENGY-R4), permitting while avoiding, remedying or mitigating adverse effects petroleum exploration and petroleum and recognising the technical and operational production activities in the Major Facility constraints of these types of activities. Zone.
ENGY-P4: Manage petroleum exploration and Oppose GPL supports the general management Amend objective as follows: petroleum production activities in the Rural Production approach to petroleum exploration and ENGY-P4: Manage petroleum Zone to ensure adverse effects are avoided, remedied production activities and supports the general exploration and petroleum or mitigated while recognising the technical and policy intent but seeks recognition of production activities in the Rural operational constraints of these types of activities. ‘location’ as a constraint to these activities to Production Zone and Rural Lifestyle acknowledge that activities need to locate Zone to ensure adverse effects are where the resource is and also in a location avoided, remedied or mitigated while that won’t compromise an existing farm recognising the technical, locational operation. GPL considers that reference to and operational constraints of these the defined terms of “Operational Need” and types of activities (including “Functional Need” is helpful is this regard. operational needs and functional GPL also seeks policy support to provide for needs). the management of petroleum exploration and petroleum production in the Rural Lifestyle Zone noting GPL permit areas include proposed Rural Lifestyle Zone. GPL considers that the management of petroleum exploration and petroleum production should be provided for within all rural zones and that associated potential effects are able to be appropriately managed.
1 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
ENGY-P5: Avoid petroleum exploration and petroleum Support in GPL supports the policy and the avoidance of Retain policy as drafted, but provide production activities which have significant adverse part significant adverse effects on identified clarification in the Proposed Plan effects on identified features or sensitive activities. features and or sensitive activities. regarding the meaning of the term “defined features”. However, despite the terms “identified features” being used extensively throughout the Proposed Plan, its precise meaning is unclear. GPL therefore requests that clarification is provided regarding the meaning of “identified features”.
ENGY-P6: Avoid petroleum exploration and petroleum Oppose GPL supports the policy to the extent it ENGY-P6: Avoid petroleum production activities within all zones other than the provides for petroleum exploration activities exploration and petroleum Rural Production and Major Facility Zones. within the Rural Production and Major production activities within all zones Facilities Zones. However, GPL also other than the Rural Production, and considers that the policy should recognise Major Facility and Special Purpose - and provide for the fact that some of GPL’s Port Zones. assets are within the Special Purpose – Port Zone.
ENGY-P7: Ensure proposed petroleum exploration and Oppose Most wellsites are located on dairy farms and Amend policy as follows: petroleum production activities are located, designed, when developing a site you have to mutually ENGY-P7: Ensure proposed constructed and managed to appropriately avoid, agree on a site location with the landowner, petroleum exploration and petroleum remedy or mitigate adverse effects on communities and which often involves considerations regarding production activities are located, the environment, having regard to: effects on farming operations. GPL seeks designed, constructed and managed 1. the location, design and site layout of the activity that this policy recognise this as drafted in to appropriately avoid, remedy or and its ability to internalise effects and/or minimise point 2. mitigate adverse effects on any effects external to the activity's site; communities and the environment, 2. the scale, intensity, duration and frequency of the The strict noise rules and reference to having regard to: effects and the ability to minimise any effects property boundary will push wellsites out into 1. the location, design and site external to the activity's site; areas where land titles are larger to avoid layout of the activity and its 3. adverse traffic generation, light overspill, and noise amenity effects and multiple written ability to internalise effects effects; and/or minimise any effects 4. minimisation of long-term visual and landscape approvals. These areas are typically on local external to the activity’s site; effects through site selection, screening and roads. This conflicts with the council landscaping; preferring the use of collector roads – the
1 4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 5. adequate separation from identified features and rules do not support this policy with the 2. Minimising the impact on the sensitive activities to ensure conflict between exception of the noise rule for one well per operation of existing rural activities, and to ensure that adverse effects and year. GPL seeks recognition of this in point 7. industry; reverse sensitivity effects are minimised; 3. the scale, intensity, duration and 6. appropriate use of the transport network and A minor amendment is also sought to correct frequency of the effects and the minimisation of heavy vehicles and high traffic a typo in point 6 and to more appropriately ability to minimise any effects volumes on local roads; express the requirement to minimise conflict external to the activity’s site; 7. cumulative effects due to proximity to other noise between activities. 4. adverse traffic generation, light and high traffic generation activities; and overspill, and noise effects; 8. whether effective rehabilitation of the site will occur, 5. minimisation of long-term visual either by a staged process or at the end of the life of and landscape effects through the facility, having regard to the expected life of the site selection, screening and energy resource and facility. landscaping; 6. adequate separation from
identified features and sensitive activities to ensure minimise conflict between activities, and to ensure that adverse effects and reverse sensitivity effects are minimised; 7. appropriate use of the transport network and minimisation of heavy vehicles and high traffic volumes on local roads whilst recognising the benefits associated with locating sites away from dwellings to reduce amenity effects; 8. cumulative effects due to proximity to other noise and high traffic generation activities; and 9. whether effective rehabilitation of the site will occur, either by a staged process or at the end of the life of the facility, having
1 5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT regard to the expected life of the energy resource and facility.
ENGY-P8: Require that proposed petroleum exploration Oppose GPL supports the general intent of the Amend policy as follows: and petroleum production activities (including additions objective but considers the reference to ENGY-P8: Require that proposed to existing sites) appropriately avoid, remedy or mitigate ‘communities’ in plural form creates petroleum exploration and petroleum potential adverse effects, including cumulative effects ambiguity. Reference to the local community production activities (including by: would provide greater clarity and correlate additions to existing sites) with the extent of localised potential effects. 1. ensuring adequate setbacks from existing well sites appropriately avoid, remedy or to minimise compounding noise effects; mitigate potential adverse effects, 2. preparing and implementing traffic management including cumulative effects by: and travel plans, which are regularly reviewed; 1. ensuring adequate setbacks 3. considering the duration of the activity, its hours of from existing well sites to operation and the likely short-term and long-term minimise compounding noise effects on surrounding sensitive activities; effects; 4. seeking that adaptive management practices and 5. actively engaging with affected industry best practices are adopted to ensure parties and/or with the local efficient use of land and to reduce noise and traffic community communities to effects; and ensure the extent of cumulative 5. actively engaging with affected parties and/or with and concurrent effects are surrounding communities to ensure the extent of properly identified and options to cumulative and concurrent effects are properly avoid, remedy or mitigate those identified and options to avoid, remedy or mitigate effects are identified. those effects are identified.
ENGY-P9: When the location of oil and gas activities is Oppose Most wellsites are located on dairy farms and Amend policy as follows: constrained by the location and/or accessibility of the when developing a site you have to mutually ENGY-P9: When the location of oil natural resource to be used or extracted, require those agree on a site location with the landowner. and gas activities is constrained by activities to appropriately avoid, remedy or mitigate GPL seeks this be recognised in the policy the location and/or accessibility of adverse effects and to demonstrate that: direction. the natural resource to be used or 1. there are no practicable alternatives to access the extracted and/or the successful resource from a different location which would GPL also considers the requirement that operation of the existing rural enable the avoidance, remediation and/or mitigation remediation and environmental offsets are industry, require those oil and gas of adverse effects to a greater degree; provided in all circumstances is unduly activities to appropriately avoid,
1 6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 2. risks to people, property and the environment are onerous. Any adverse effects on the remedy or mitigate adverse effects avoided or mitigated; environment brought about by activities must and to demonstrate that: 3. industry best practice and best practicable options be avoided, remedied or mitigated to ensure 1. that the proposed site is will be adopted; the sustainable use of natural resources. appropriate; there are no 4. appropriate remediation and environmental offsets practicable alternatives to access are provided; and Offsetting may be considered as a means of the resource from a different 5. the positive effects likely to be derived from the oil addressing residual adverse effects of location which would enable the and gas activity. activities. Regardless of whether oil and gas avoidance, remediation and/or activities are constrained by the location mitigation of adverse effects to a and/or accessibility, the effects of the activity greater degree; are still able to be avoided, remedied or 2. that risks to people, property and mitigated in which case environmental offsets the environment are avoided or are not required. In a similar manner, there mitigated; may be practical end uses for oil and gas 3. that industry best practice and best practicable options will be sites as a practical alternative to complete adopted; remediation such as use of metal pads for 4. that appropriate remediation and storage purposes. environmental offsets are In addition, GPL considers that the provided have been considered; and requirement in clause 1 to demonstrate that 5. the positive effects likely to be there are no practicable alternatives to derived from the oil and gas access the resource from a different location activity. is unduly onerous, overly prescriptive, and is
not supported by the applicable planning framework and the RMA. In the relevant context, under the RMA the requirement to consider alternatives only applies where the proposed activity will have significant adverse effects. GPL therefore seeks amendments to clause 1.
ENGY-P10: Require oil and gas activities to remediate Oppose Similar to the above, GPL considers the ENGY-P10: Require oil and gas sites (or parts of sites) containing redundant or blanket requirement to remediate sites does activities operators to remediate decommissioned above ground structures, including the not provide for practical end uses. In GPL’s sites (or parts of sites) containing
1 7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT removal of all surface production facilities, all concrete experience, some land owners prefer redundant or decommissioned surfacing, steel and cables and flare pits. wellsites to be left as a metal pad that they above ground structures in can use for storage of farm equipment and consultation with the land owner, silage. GPL seeks that oil and gas operators New Plymouth District Council and are required to remediate sites in agreement Taranaki Regional Council, with the land owner, New Plymouth District recognising that some structures Council and Taranaki Regional Council to and/or other features may be able to ensure the best outcome is achieved for all be re-used for other purposes., parties involved. including the removal of all surface production facilities, all concrete
surfacing, steel and cables and flare pits.
ENGY-P11: Ensure sensitive activities do not Oppose GPL supports the general intent of the policy ENGY-P11: Ensure sensitive compromise or restrict the efficient operation and/or as drafted to address the potential for reverse activities do not compromise or maintenance of existing lawfully established oil and gas sensitivity effects, however considers that restrict the efficient operation, and/or activities and require that new sensitive activities be several amendments should be made, maintenance, repair and/or appropriately located and separated from oil and gas including to more appropriately provide for upgrading of existing lawfully activities to minimise conflict, unacceptable risks and/or the full range of oil and gas activities and to established oil and gas activities and reverse sensitivity effects. strengthen the requirement to “avoid” certain require that new sensitive activities adverse effects. be appropriately located and separated from oil and gas activities (and appropriately designed) to minimise conflict, and avoid unacceptable risks and/or reverse sensitivity effects.
ENGY-R1: Petroleum prospecting, excluding seismic Support The rule aligns with the policy framework Retain policy as drafted surveys using explosives (ENGY-P1), allowing for petroleum prospecting in all zones. All zones- Activity status: PER Where: 1. the applicable underlying zone Effects Standards are complied with.
1 8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
ENGY-R2: Seismic surveys using explosives Oppose GPL considers that seismic surveys using ENGY-R2: Seismic surveys using explosives should be managed in the Rural explosives
Lifestyle Zone and that a restricted (1) Rural Production Zone; Major (1) Rural Production Zone; Major Facility Zone discretionary activity status is a suitable Facility Zone activity status to manage potential adverse effects provided ENGY-S5 and the underlying Activity status: PER zone Effects Standards are complied with. Activity status: PER
Where: Where:
1. Energy Effects Standard ENGY-S5. is complied 1. Energy Effects Standard with; and ENGY-S5. is complied with; 2. the applicable underlying zone Effects and Standards are complied with. 2. the applicable underlying zone Effects Standards are Activity status where compliance not achieved: RDIS complied with.
Matters over which discretion is restricted: Activity status where compliance not achieved: RDIS
1. The extent and effect of non-compliance with Effects Standard ENGY-S5 or any other relevant Matters over which discretion is Energy Effects Standards and the matters of restricted: discretion in any infringed Effects Standard(s). 1. The extent and effect of non- (2) All other zones compliance with Effects Standard ENGY-S5 or any other relevant Energy Effects Activity status: NC Standards and the matters of discretion in any infringed Effects Standard(s).
1 9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
(2) Rural Lifestyle Zone
Activity status: RDIS
Matters over which discretion is restricted:
1. The extent and effect of non- compliance with Effects Standard ENGY-S5 or any other relevant Energy Effects Standards and the matters of discretion in any infringed Effects Standard(s).
Activity status where compliance not achieved: DIS
(2) All other zones
Activity status: NC
ENGY-R3 : Petroleum exploration activities Oppose GPL considers that a rule framework under ENGY-R3 : Petroleum exploration which petroleum exploration and production activities
activities are permitted in the Major Facility
ENGY-R4: Petroleum production activities Zone is appropriate. ENGY-R4: Petroleum production However, GPL considers that in all the activities (1) Major Facility Zone circumstances petroleum exploration and production in the Rural Production Zone
2 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT should be a restricted discretionary activity, (1) Major Facility Zone as opposed to a fully discretionary activity. Activity status: PER Numerous oil and gas activity operations take place in the Rural Production zone, and the Activity status: PER Where: zone provisions specifically recognise and provides for such activities. In addition, the nature of adverse effects associated with Where: 1. the activity is permitted under the Major Facility petroleum exploration and production in the Zone rules Rural Production Zone are readily 1. the activity is permitted under identifiable, meaning that robust matters for discretion may be included in the Plan to the Major Facility Zone rules Activity status where compliance not achieved: DIS appropriately manage the full range of adverse effects. In addition, if a restricted Activity status where compliance not discretionary activity status applied, the achieved: DIS (2) Rural Production Zone Council would still retain the ability to decline
consent in circumstances where this was appropriate. (2) Rural Production Zone Activity status: DIS In addition, GPL also considers that the rule framework should recognise the fact that Activity status: DIS RDIS [with (3) All other zones some of GPL’s assets are within the Special Purpose – Port Zone, and provide for appropriate matters for discretion petroleum exploration and production restricted to the relevant adverse effects] Activity status: NC activities as discretionary in this zone.
(3) Port Zone
Activity status: DIS
(34) All other zones
Activity status: NC
2 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
ENGY-S5: Seismic surveys using explosives Support GPL supports the requirements in ENGY-S5, Retain as drafted requirements which it considers are appropriate. Seismic surveys using explosives must comply with the following requirements: 1. Explosive product and charge configuration: a. The main explosive charge for seismic surveys must consist of bio-degradable/bio-remediation technology; b. Electronically coded detonators or similar technology must be used for all seismic surveys; c. Where designed source points are shallower than 5m, two detonators must be used; and 2. Source point parameters and offset distances: a. Offset distances of charges/source points from dwellings and structures must be established in accordance with the test(s) and analysis of the results, undertaken by a suitably qualified and experienced person; b. The offset distance must be established to ensure compliance with the prescribed ppV threshold limits in relation to the 'Health and Safety at Work (Hazardous Substances) Regulations 2017, 'Part 9.30(1)(b), (c), (d), (2) and (4); c. Results of the ppV test(s) and the offset distances established for the survey must be provided to Council at least 7 days prior to seismic drilling commencing; and 3. Health, Safety, Securing and Environment Management Planning and Notification: a. A Misfire Management Plan must be submitted to the Council at least 7 days prior to commencement of drilling activities. This Misfire Management Plan must include, but not be limited to, the following:
2 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT i. Procedures for misfire remediation; ii. Procedures for securing misfire by way of backfilling and restoration; iii. If a misfire occurs, notification requirements to the Council and landowner(s) of the site of the misfire; iv. Process for identifying misfires on a map and the provision of this map to the Council and landowners of the site of the misfire; v. Provisions for the physical identification of misfire locations, if requested by the landowner(s); vi. Procedures for annual communication in relation to the misfire with the landowner(s). Matters of discretion if compliance not achieved: 1. Use, type and number of explosives and detonator. 2. The results of the ppV tests and offset distances. 3. The provision of information and notification of misfires.
NU - Network Utilities
NU-O1: Effective, resilient, efficient and safe network Support GPL supports the objective as drafted in Retain objective as drafted utilities that: recognition of the critical role of network utility activities.
1. provide essential and secure services, including in emergencies; 2. facilitate local, regional, national or international connectivity; 3. contribute to the economy and support a high standard of living; 4. integrate with development, infrastructure and other activities; and
2 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 5. enable people and communities to provide for their health, safety and wellbeing.
NU-O2: The adverse effects of network utilities on the Support GPL supports the objective as drafted in Retain objective as drafted environment are avoided, remedied or mitigated, while recognition of the critical role of network utility recognising: activities.
1. the functional need and operational need of network utilities; 2. that positive effects of network utilities may be realised locally, regionally or nationally.
NU-O3: The efficient operation, maintenance, repair or Support GPL supports the objective as drafted in Retain objective as drafted upgrading of network utilities is not constrained or recognition of the critical role of network utility compromised by other activities . activities.
Recognising the benefits of, and providing for Support GPL supports the policies as drafted in Retain policies as drafted network utilities recognition of the critical role of network utility activities.
NU-P1: Recognise the benefits of network utilities by: 1. allowing the development, upgrade, operation, maintenance, repair or removal of network utilities, including: a. the effective safe, secure and efficient transmission or distribution of electricity, gas or liquid petroleum; b. effective, reliable and future-proofed communications networks and services; c. effective, resilient, efficient and safe water, wastewater and stormwater treatment systems, networks and services;
2 4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 2. allowing investigation, monitoring and navigation activities associated with network utility operations; and 3. providing for the functions and responsibilities of network utilities, including as lifeline utilities during an emergency.
NU-P2: Encourage the coordination of network utilities planning and delivery with land use, subdivision, development and urban growth so that future land use and network utilities are integrated, efficient and aligned.
NU-P3: Support network utilities in adopting new technologies that: 1. improve access to, and efficient use of, networks and services; 2. allow for the re-use of redundant services and structures; 3. increase resilience, safety or reliability of networks and services; 4. result in environmental benefits and enhancements; or 5. promote environmentally sustainable outcomes including green infrastructure and the increased utilisation of renewable resources.
Managing adverse effects of network utilities Oppose GPL supports the general intent of the policy NU-P4: Manage the adverse effects as drafted, however considers that several of network utilities, including effects
amendments are required, including to more on natural and physical resources, NU-P4: Manage the adverse effects of network utilities, appropriately recognise the critical role of amenity values, sensitive activities, including effects on natural and physical resources, network utility activities and to better align and the health, safety and wellbeing amenity values, sensitive activities, and the health, with other Proposed Plan Provisions, of people and communities by: safety and wellbeing of people and communities by: including NU-P5.
2 5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. controlling the height, bulk and location of network 1. controlling the height, bulk and utilities; location of network utilities; 2. requiring compliance with recognised standards or 2. requiring compliance with guidelines for the potential adverse effects of recognised standards or noise, vibration, radiofrequency fields and electric guidelines for the potential and magnetic fields; adverse effects of noise, 3. requiring the undergrounding of network utilities in vibration, radiofrequency fields new areas of urban development; and electric and magnetic 4. mitigating adverse visual effects through fields; landscaping and/or the use of recessive colours 3. requiring the undergrounding of and finishes; and network utilities in new areas of 5. requiring network utilities to adopt sensitive design urban development; to integrate network utilities within the site, 4. mitigating adverse visual existing built form and/or landform and to maintain effects through landscaping the character and amenity of the surrounding and/or the use of recessive area. colours and finishes; and 5. where necessary, requiring
network utilities to adopt sensitive design to integrate network utilities within the site, existing built form and/or landform and to maintain avoid, remedy or mitigate adverse effects on the character and amenity of the surrounding area.; while recognising the operational, technical, and locational constraints (including operational needs and functional needs) of network utilities.
NU-P5: Ensure that network utilities avoid, remedy or Oppose GPL supports the general intent of the policy NU-P5: Ensure that network utilities mitigate adverse effects on the environment, while as drafted, however considers that several avoid, remedy or mitigate adverse recognising the functional need or operational needs of minor amendments are required, including to effects on the environment, while the network utility, and having regard to: recognising the functional needs or
2 6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. the extent to which adverse effects have been more appropriately recognise the critical role and operational needs of the addressed through site, route or method selection of network utility activities. network utility, and having regard to: and/or the extent to which the network utility is 1. the extent to which adverse constrained by functional or operational needs; effects have been addressed 2. the necessity of the network utility, including: through site, route or method a. the need to quickly repair and restore selection and/or the extent to disrupted services; which the network utility is b. the impact of not operating, repairing, constrained by functional or maintaining, upgrading, removing or operational needs; developing the network utility; 2. the necessity and benefits of 3. the time, duration or frequency of adverse effects: the network utility, including: 4. the location of existing network utilities, including: a. the need to quickly a. the complexity and connectedness of the repair and restore networks and services; disrupted services; b. the potential for co-location and shared b. the impact of not use of network utility corridors; and operating, repairing, 5. anticipated outcomes for the receiving maintaining, upgrading, environment, including the role, function and removing or developing predominant character of the underlying zone. the network utility; …
NU-P7: Require new sensitive activities, earthworks Oppose GPL supports the general intent of the policy NU-P7: Require new sensitive and buildings to be appropriately located and set back but would seek to expand the definition to activities, earthworks and buildings from gas transmission pipelines to: include liquid petroleum. to be appropriately located and set back from liquid petroleum or gas
transmission pipelines to: 1. provide security of supply and/or maintain the … integrity and stability of gas transmission pipelines; 2. avoid potential exposure to health and safety risks from the gas transmission pipeline; and 3. maintain ongoing access for maintenance, repair and upgrading works.
NU-P8: Ensure new sensitive activities are Oppose GPL supports the general intent of the policy NU-P8: Ensure new sensitive appropriately located and/or designed to minimise as drafted in recognition of the critical role of activities are appropriately located
2 7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT reverse sensitivity effects on network utilities, where network utility activities, but seeks and/or designed to minimise avoid necessary, including by requiring compliance with amendments to appropriately strengthen the reverse sensitivity effects on network NZECP 34:2001. protection against reverse sensitivity effects. utilities, where necessary, including by requiring compliance with NZECP 34:2001.
NU-R2: Underground network utilities (including Oppose Pipeline structures when redundant are NU-R2: Underground network customer connections), and upgrading of underground generally cleaned and remediated and then utilities (including customer network utilities, not provided for by another rule in this left in the ground. This has less of an connections), and upgrading of table environmental effect than removing the underground network utilities, not pipeline (digging it up, re-sowing grass, re- provided for by another rule in this
disturbing waterways etc.). GPL seeks to table All zones allow pipelines to be cleaned and remediated
in accordance with best industry practice and the requirements of AS2885.3-2012 Section All zones Activity status: PER 10.6.
Activity status: PER Where:
Where: 1. all structures that are no longer required for
network utility purposes are removed within six months of being replaced or becoming redundant; 1. all structures that are no and longer required for network 2. all Network Utilities Effects Standards are utility purposes are complied with. remediated in accordance with best industry practice
removed within six months of Activity status where compliance not achieved: being replaced or becoming RDIS redundant; and 2. all Network Utilities Effects Standards are complied with. Matters over which discretion is restricted: …
2 8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. The functional and operational needs of, and benefits derived from, the network utility, including the potential impact on the levels of service or health and safety if the work is not undertaken. 2. The extent and effect of non-compliance with any relevant Network Utilities Effects Standards and the matters of discretion for the infringed Effects Standard(s). 3. The matters set out in NU-P4 and NU-P5 .
NU-R19: Liquid petroleum or gas transmission and Oppose GPL supports the general intent of the rule Amend rule as follows: distribution pipelines, including operation, maintenance but would seek to expand the definition to and repair, removal or upgrading include pipelines up to a pressure of 13600 kPa, which is standard for the petroleum Activity status: PER All zones industry in Taranaki.
Where: Activity status: PER GPL also seeks to allow pipelines within
natural water bodies as a permitted activity 1. for the installation or upgrading Where: subject to compliance with the permitted activity rules in the TRC Regional Fresh of pipelines, a gauge pressure Water Plan or any applicable regional of 2000 13600 kilopascals is not exceeded; 1. for the installation or upgrading of pipelines, a resource consents. GPL considers that there 2. the pipeline is located gauge pressure of 2000 kilopascals is not is no need for (or benefits from) duplication in underground and is not on or exceeded; the consenting process. The installation and within a natural waterbody, 2. the pipeline is located underground and is not on maintenance of pipelines within natural water except where it is: or within a natural waterbody, except where it is: bodies is currently successfully managed a. permitted under the a. attached to and/or incorporated within an under the Regional Fresh Water Plan which Regional Freshwater existing bridge structure; or requires a rigorous design process and key Plan or authorised by a b. within an existing attached conduit or duct; stakeholder consultation including DoC and resource consent 3. the realignment, relocation or replacement of a iwi liaison. issued by Taranaki pipeline is within: Regional Council; or a. an existing easement in favour of the b. attached to and/or pipeline; and In addition, pipeline structures when incorporated within an b. is within 12 metres of the existing redundant are generally cleaned and existing bridge alignment or location. remediated and then left in the ground. This structure; or
2 9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 4. all structures that are no longer required for has less of an environmental effect than c. within an existing network utility purposes are removed within six removing the pipeline (digging it up, re- attached conduit or months of being replaced or becoming redundant; sowing grass, re-disturbing waterways etc.). duct; and GPL seeks to allow pipelines to be cleaned 5. all Network Utilities Effects Standards are remediated in accordance with best industry 3. the realignment, relocation or complied with. practice and the requirements of AS2885.3- replacement of a pipeline is 2012 Section 10.6. within:
a. an existing easement in Note: favour of the pipeline; and b. is within 12 metres of 1. Aboveground ancillary structures are provided for the existing alignment in NU-R7 (if not enclosed by a building or or location. structure) or NU-R16. 4. all structures that are no longer required for network utility Activity status where compliance not achieved: purposes are remediated in RDIS accordance with best industry practice removed within six months of being replaced or Matters over which discretion is restricted: becoming redundant; and 5. all Network Utilities Effects 1. The functional and operational needs of, and Standards are complied with. benefits derived from, the gas or liquid petroleum pipeline. 2. The extent and effect of non-compliance with any relevant Network Utilities Effects Standards and the matters of discretion for the infringed Effects Standard(s). 3. The risks of hazards affecting public or individual safety, and the risk of property damage. 4. Measures to avoid or mitigate adverse effects, including separation of the pipelines from existing sensitive activities. 5. The matters set out in NU-P4 and NU-P5.
3 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
TRAN - Transport
TRAN-P17: Ensure the type and level of traffic using Oppose GPL recognises the potential impacts of Amend policy as follows: the road transport network is appropriate by: heavy vehicles and high traffic generating
activities on road transport and in particular
the use of local roads. GPL supports the TRAN-P17: Ensure the type and 1. minimising the ability for heavy vehicles to general intent of the policy however seeks level of traffic using the road directly access and utilise local roads; recognition that the use of arterial and transport network is appropriate by: 2. requiring high traffic generating activities to collector roads is not always practical or 1. minimising the ability for heavy locate on arterial and collector roads; and/or feasible. In particular, sites in the rural vehicles to directly accessing 3. avoiding, remedying or mitigating adverse environment where the majority of oil and gas and utilising local roads where amenity, character, safety and cumulative activities occur are typically accessed by practicable; effects. local roads due to the location of the resource 2. requiring encouraging high traffic and oil companies trying to minimise amenity generating activities to locate on effects. Furthermore, in enforcing strict noise arterial and collector roads rules, oil and gas companies will seek site where feasible; and/or locations away from lifestyle blocks and 3. avoiding, remedying or mitigating dwellings which will push sites out into the adverse amenity, character, rural environment where local roads may safety and cumulative effects. need to be used.
TRAN-R8: High trip generator activities Support GPL supports the stated vehicle movement Retain rule as drafted thresholds in TRAN – Table 1 of 200 vehicles
per day for energy activities and 200 vehicles Activity status: RDIS per day for construction activities. GPL considers that in all the circumstances these thresholds are appropriate. Where:
1. any of the activities listed in TRAN - Table 1 exceed the stated thresholds, inclusive of an increase in use or additions and extensions of existing activities; and 2. all Transport Effects Standards are complied with.
3 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
….
TRAN - Table 1 - High Trip Generator Thresholds
16. Energy activities: Exceeding 200 vehicle movements per day.
20. Any activity, including activities 1-19 listed above. This includes vehicle movements associated with construction: Exceeding 200 vehicle movements per day.
Hazards and Risks
HAZS -Hazardous Substances
All provisions relating to the proposed approach to Oppose GPL considers that the approach to risk Changes to the Hazardous risk management in the Proposed Plan, including management adopted in the Proposed Plan Substances Chapter provisions (and (without limitation) the following – and all related – is inappropriate and unduly conservative. It is any associated provisions) to provisions: also unclear. The status, operation, and provide for the changes outlined by effect of the “non-district plan layer” for GPL in the column to the left. HAZS-P1: Identify the areas subject to an unacceptable significant hazardous facilities is also unclear. level of risk around existing significant hazardous facilities based on a risk threshold of 1 x 10-6 and map While GPL supports an appropriate risk- these areas using Risk Management Contours. based approach, it considers that changes should be made to the risk management HAZS-P2: Allow the operation, maintenance, upgrade provisions to provide for the following: and redevelopment of existing significant hazardous facilities within the Major Facilities Zone, Port Zone, Existing wellsites General Industrial Zone and Rural Production Zone, The Proposed Plan’s requirement for all provided the existing level of risk is not increased or existing wellsites to provide Quantitative Risk extended. Assessments (“QRAs”) (or give rise to a 250m “separation” distance for sensitive
3 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT HAZS-P3: Manage the operation, maintenance, activities) is unduly onerous and an inefficient upgrade and redevelopment of existing significant use of resources. Based on the QRAs hazardous facilities within the Major Facilities Zone, undertaken to date by GPL, the relevant risk Port Zone, General Industrial Zone and Rural contour for all wellsites is within GPL’s leased Production Zone where the risk threshold of 1 x 10-6 is areas. The risk profiles associated with not mapped with a Risk Management Contour in the wellsites are likely to be consistent between District Plan. wellsites, given the common nature of wellsite operations. HAZS-P5: Where the risk threshold of 1 x 10-6 is not mapped with a Risk Management Contour in the District The proposed 250m separation distance is Plan, require sensitive activities locating near existing an arbitrary distance, which is significant hazardous facilities to be sufficiently excessive/overly conservative for all GPL separated to ensure that they are not exposed to wellsites by approximately an order of unacceptable risks from any existing significant magnitude. GPL considers that the 250m hazardous facility. separation provisions should be deleted. In the alternative, if a separation distance is to HAZS-P6: Avoid locating significant hazardous facilities be included in the Proposed Plan, it should on or within any identified feature or identified natural be based on a suitable risk management hazard areas and ensure that significant hazardous approach for typical wellsites, which would be facilities are sufficiently set back from significant a significantly reduced distance. waterbodies, scheduled archaeological sites and sites and areas of significance to M āori, so as to avoid New wellsites adverse effects on identified features or identified GPL accepts that new wellsites should be natural hazard areas. subject to a requirement to produce a QRA. HAZS-P7: Avoid sensitive activities locating within Risk Existing and new production facilities Management Contours to ensure they are not exposed to unacceptable risks from existing significant Including given the potential for risk profiles hazardous facilities. between production facilities to vary more considerably than for wellsites, GPL accepts HAZS-R1: Maintenance and repair or upgrading of that it is appropriate for all existing and new significant hazardous facilities production facilities to be subject to a (1) Major Facility Zone; Port Zone; General Industrial requirement to provide a QRA. Zone; Rural Production Zone Activity status: PER Where:
3 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. the subject site has a Significant Hazardous Facility Risk Management Contour mapped in the District Plan provided the activity does not result in the 1 x 10-6 individual fatality risk contour extending beyond the Significant Hazardous Facility Risk Management Contour identified and mapped for the subject site; and 2. all Effects Standards in the underlying zone are complied with.
(2) Major Facility Zone; Port Zone; General Industrial Zone; Rural Production Zone Activity status: RDIS Where: 1. the subject site has no Significant Hazardous Facility Risk Management Contour mapped in the District Plan: provided the activity does not result in the 1 x 10-6 individual fatality risk contour containing any existing sensitive activity.
(3) All other zones Activity status: NC
HAZS-R2: New significant hazardous facilities
(1) Major Facility Zone; Port Zone Activity status: DIS
3 4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 2) Commercial and Mixed Use Zones; General Industrial Zone; Rural Production Zone Activity status: DIS Except where: 1. HAZS-R3, HAZS-R4, HAZS-R5, HAZS-R6, HAZS-R7, HAZS-R8, HAZS-R9 or HAZS-R10 apply.
(3) All other zones Activity status: NC
HAZS-R11: Sensitive activities within Significant Hazardous Facility Risk Management Contours
All Zones Activity Status: NC
HAZS-R12: Sensitive activities within 250m of an existing significant hazardous facility with no Significant Hazardous Facility Risk Management Contour mapped in the District Plan (shown on non-District Plan 250m separation viewer).
Rural Production Zone Activity status: NC
[The Hazardous Substances provisions listed below are also relevant to this submission point, but are subject to
3 5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT additional detailed submission points below (without prejudice to the general submission outlined in this row).]
HAZS-O1: The benefits associated with activities Support GPL supports the objective to align with Retain objective as drafted involving the use, storage, disposal and transportation terminology in Health and Safety at Work Act of hazardous substances are recognised while ensuring 2015. that unacceptable risks to the environment and human The application of a risk-based approach is health are avoided and that any residual risks are considered the most suitable manner in minimised as low as reasonably practicable. which to manage hazards associated with activities involving hazardous substances.
HAZS-O2: The safe and efficient operation, Support GPL supports the objective as drafted to Retain objective as drafted maintenance and repair or upgrading of significant provide for operation of significant hazardous hazardous facilities is not constrained or compromised facilities and to avoid reverse sensitivity by other activities. effects.
HAZS-O3: Sensitive activities are not located in areas Support GPL supports the objective as drafted to Retain objective as drafted exposed to unacceptable levels of risk from existing manage risk from existing significant significant hazardous facilities. hazardous facilities.
HAZS-P4: Manage significant hazardous facilities to Oppose GPL supports the general intent of the HAZS-P4: Manage significant ensure they are located, designed, constructed and objective to align with terminology in Health hazardous facilities to ensure they managed to internalise adverse effects on the and Safety at Work Act 2015, however are located, designed, constructed environment and human health within the facility’s site considers that a minor amendment is and managed to internalise adverse and by: required to recognise that not all risk should effects on the environment and be required to be fully internalised within a human health within the facility’s site
site. As recognised in proposed policy to the extent reasonably practicable 1. avoiding unacceptable risk; and HAZS-P4 itself (and in the planning and by: 2. minimising residual risk to as low as reasonably framework in the rest of the Proposed Plan), 1. avoiding unacceptable risk; and practicable. while unacceptable offsite risks should be 2. minimising residual risk to as low avoided, residual risks should be reduced to as reasonably practicable. appropriate levels and as low as reasonably practicable.
3 6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
HAZS-P8: Ensure that new or expanded significant Oppose GPL considers that an amendment is HAZS-P8: Ensure that new or hazardous facilities are located appropriately, having required to the proposed policy to recognise expanded significant hazardous regard to: that adverse effects may be appropriately facilities are located appropriately, avoided, remedied or mitigated. The RMA is having regard to: 1. the type, scale, intensity, duration and frequency of not a no effects statute, and in this context a the effects of the activity on the environment and 1. the type, scale, intensity, requirement to avoid all adverse effects human health and safety; duration and frequency of the “where possible” is too strict a standard and 2. the extent to which adverse effects can be avoided, effects of the activity on the is unduly onerous. or where avoidance is not possible, remedied or environment and human health mitigated; and safety; 3. the design and site layout of the activity and its 2. the extent to which adverse ability to internalise effects within the activity's site; effects can be avoided, or where 4. adverse traffic generation, light overspill, and noise avoidance is not possible, effects; remedied or mitigated; 5. whether the activity has the potential to compromise … tangata whenua's relationship with their ancestral lands, water, sites, w āhi tapu, and other taonga and if so, the outcomes of any consultation with tangata whenua, including with respect to mitigation measures; minimisation of long-term visual and landscape effects through site selection, screening and landscaping; 6. adequate separation from identified features and sensitive activities to ensure conflict between activities, adverse effects and reverse sensitivity effects are minimised; 7. avoidance or management of risks associated with natural hazards. 8. any potential adverse cumulative or synergistic effects; and 9. whether effective rehabilitation of the site will occur, either by a staged process or at the end of the life of the facility, having regard to the expected life of the facility.
3 7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
HAZS-P9: Ensure efficient processes by avoiding Support GPL supports the policy as drafted to avoid Retain policy as drafted duplication with other statutory processes for hazardous duplication. substance activities.
HAZS-R3: Significant hazardous facilities on a site Oppose The Maketawa Catchment Zone extends Amend rule as follows: within the Hangatahua (Stony) River or the Maketawa through GPL permit areas and affects HAZS-R3: New Ssignificant Stream catchments existing wellsites. GPL maintains that hazardous facilities on a site within potential effects from new significant the Hangatahua (Stony) River or the hazardous facilities are able to be suitably Maketawa Stream catchments All Zones managed and accordingly seek discretionary
Activity Status: NC activity status. Discretionary activity status will allow the Council to consider the full All Zones range of potential adverse effects, and to decline consent if appropriate. For clarity, Activity Status: NC DIS GPL considers the rule should refer to new Alternatively, HAZS-R3 could be significant hazardous facilities only as deleted, given that new significant existing wellsites are legally established. hazardous facilities are already discretionary activities under HAZS- R2.
HAZS-R8: Significant hazardous facilities within the Oppose The coastal environment extends through HAZS-R8: New Ssignificant Coastal Environment Area GPL permit areas and affects existing hazardous facilities within the wellsites. GPL maintains that potential effects Coastal Environment Area.
from new significant hazardous facilities are All Zones All Zones able to be suitably managed and accordingly Activity Status: NC DIS Activity Status: NC seek discretionary activity status. Discretionary activity status will allow the Alternatively, HAZS-R8 could be Council to consider the full range of potential deleted, given that new significant adverse effects, and to decline consent if hazardous facilities are already appropriate. For clarity, GPL considers the discretionary activities under HAZS- rule should refer to new significant hazardous R2. facilities only as existing wellsites are legally established.
3 8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Historic and Cultural Values
SASM - Sites and Areas of Significance to M āori
SASM-R8: Earthworks on or within 50m of a scheduled Oppose Inclusion of a hyperlink to ‘site’ creates Retain rule wording as drafted but site or area of significance to M āori, including uncertainty in rule interpretation - the add hyperlink to ‘site or area of earthworks associated with the clearance of trees and definition of ‘site’ essentially defaults to title significance to M āori’: the erection of new structures, but excluding land boundaries whereas there is a specific SASM-R8: Earthworks on or within disturbance provided for by SASM-R1 and earthworks definition of ‘site and area of significance to 50m of a scheduled site or area of associated with the maintenance and repair or Māori’ in the PDP. Inclusion of a hyperlink to significance to M āori, including upgrading of a network utility provided for by SASM-R4 the definition of ‘site and area of significance earthworks associated with the to M āori’ would avoid any confusion when clearance of trees and the erection interpreting the rule. of new structures, but excluding land disturbance provided for by SASM- R1 and earthworks associated with the maintenance and repair or upgrading of a network utility provided for by SASM-R4
Natural Environmental Values
WB - Waterbodies
WB-R4: Earthworks on a site containing or adjoining a Support GPL supports proposed WB-R4, in particular Retain as drafted natural waterbody or significant waterbody reference to Regional Plan to avoid legislative duplication.
Rural Zones
Activity status: PER
Where:
3 9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. the earthworks are set back at least 10 metres from any significant waterbody; and 2. the earthworks are set back at least 5 metres from any other natural waterbody .
This rule does not apply to:
1. Earthworks permitted by a rule in a Regional Plan or resource consent issued by Taranaki Regional Council, or 2. Earthworks for, or associated with undertaking, erecting, maintaining or upgrading: 3. natural hazard mitigation activities 4. pump houses not associated with pumping wastewater. 5. network utilities poles and masts for the purposes of supporting lines across a waterbody or thrusting lines underneath the bed of a waterbody. 6. post and wire fences. 7. river flow recording facilities. 8. bridges, culverts, or fords. 9. jetties or boat ramps, and/or 10. customary activities
Note:
1. For rivers and streams, the setback shall be measured from the closest bank.
Activity status where compliance not achieved: RDIS
4 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Matters over which discretion is restricted:
1. The matters set out in WB-P1, WB-P2, WB-P3 and WB-P6. 2. Whether the activity would create new or exacerbate existing natural hazards, including flooding or stream bank erosion.
General District-wide Matters
CE - Coastal Environment
CE-P5: Avoid activities within the Coastal Environment Oppose Several GPL assets are within the coastal CE-P5: Avoid Manage activities that are likely to result in adverse effects on coastal environment, and oil and gas activities are within the Coastal Environment that natural character, landscape, amenity, historic, cultural commonly undertaken in the coastal are likely to result in adverse effects and ecological values and/or that will be vulnerable to environment. The planning framework, on coastal natural character, risks from coastal hazards and climate change and/or including the NZCPS, the RPS and other landscape, amenity, historic, cultural that are likely to create or increase hazard risks to proposed provisions in the Proposed Plan do and ecological values and/or that will people, property and the environment, including: not require the avoidance of all effects on the be vulnerable to risks from coastal matters listed in CE-P5 (the policy does not hazards and climate change and/or 1. significant hazardous facilities ; refer to significant adverse effects only, but to that are likely to create or increase 2. quarries ; all adverse effects; and does not refer to hazard risks to people, property and 3. large scale renewable electricity generation areas of elevated significance, for example the environment, including: areas of outstanding natural character). CPL activities ; 1. significant hazardous facilities ; considers that changes to the policy are 4. petroleum exploration and petroleum production ; appropriate in order to more appropriately 2. quarries ; and recognise that the requirement should be to 3. large scale renewable electricity 5. hazard sensitive activities. manage activities/adverse effects, not avoid generation activities ; them. 4. petroleum exploration and petroleum production ; and 5. hazard sensitive activities.
4 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
CE-R17: Petroleum exploration Oppose Several GPL assets are within the coastal CE-R17: Petroleum exploration environment, and oil and gas activities are
commonly undertaken in the coastal CE-R18: Petroleum production environment. CE-R18: Petroleum production GPL maintains that potential effects from All zones petroleum exploration and petroleum All zones production in the coastal environment are able to be suitably managed and accordingly Activity status: NC seek discretionary activity status. Activity status: NC DIS Discretionary activity status will allow the Council to consider the full range of potential adverse effects, and to decline consent if appropriate.
EW - Earthworks
EW-O1: Earthworks and associated retaining structures Support GPL supports enabling earthworks provided Retain objective as drafted necessary for the construction, maintenance or adverse effects are avoided, remedied or operation of activities are enabled, provided that mitigated, noting the focus on health and adverse environmental effects, including effects on safety and natural hazards. health and safety and natural hazards, are avoided, remedied or mitigated.
EW-P7: Ensure that earthworks and any associated Oppose Ensure is a strong policy word. Some oil and EW-P7: Ensure that Encourage structures are designed to reflect natural landforms, and gas related earthworks such as a flare pit are earthworks and any associated where appropriate, landscaped to reduce and soften constructed to reduce light and noise effects, structures to be are designed to their visual impact having regard to the character and however they are bunded and don’t fit in with reflect natural landforms, and where visual amenity of the surrounding area. the natural land form. GPL considers this appropriate, landscaped to reduce wording should be amended to recognise that and soften their visual impact having there are often a number of considerations in regard to the character and visual a site design. amenity of the surrounding area.
EW-R9: Earthworks for network utilities, including Support GPL supports the earthworks limits for Retain rule as drafted vehicle access tracks for network utilities network utilities, which it considers are reasonable and appropriate.
4 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
All zones
Activity status: PER
Where: 1. the total earthworks area open at any one time, does not exceed 500m ; 2. the earthworks area is progressively stabilised, filled and/or recontoured as soon as practicable ; 3. all Earthworks Effects Standards are complied with.
Activity status where compliance not achieved: RDIS
Matters over which discretion is restricted: 1. The functional and operational needs of, and benefits derived from, the works, including the potential impact on the levels of service if the work is not undertaken. 2. The extent to which the land disturbance or earthworks will compromise archaeological sites and M āori historic heritage and/or whether any adverse effects on historic heritage can be appropriately remedied or mitigated. 3. Effects on land stability and amenity values resulting from the timing and duration of works. 4. Management of visual amenity effects through landscape treatment, site reinstatement and screening.
4 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 5. The extent and effect of non-compliance with any Earthworks Effects Standards and any relevant matters of discretion in any infringed Effects Standard(s). 6. The matters in EW-P3 - EW-P7 and NU-P5
EW-R12: Earthworks not otherwise provided for in this Oppose GPL does not support the proposed rules for Amend as follows: table earthworks in the Rural Production Zone or EW-R12: Earthworks not otherwise Major Facilities Zone. Where earthworks are … provided for in this table permitted under the regional plan or authorised under a regional consent, GPL considers that duplicative resource consents (2) General Industrial Zone; Major Facility Zone; Airport (1)… Zone; Hospital Zone; Port Zone; Future Urban Zone; should not be required under the District
Rural Production Zone Plan. The permitted traffic rules for construction will also ensure any impact on (2) General Industrial Zone; Major
the roading network is appropriately Facility Zone; Airport Zone; Hospital Activity status: PER managed. Zone; Port Zone; Future Urban Zone; Rural Production Zone Where: Where the proposed permitted activity rule for earthworks within the Rural Production Zone … 1. in any 12 month period, the total volume of or Major Facilities Zone is not complied with, earthworks does not exceed 1,000m³ per site; GPL considers controlled activity status to be and appropriate to manage earthwork activity (3) Major Facility Zone; Rural 2. all Earthworks Effects Standards are complied noting that other chapter provisions control Production Zone with. earthworks in relation to notable/significant
features (e.g. earthworks within proximity to a site of significance to M āori). Activity status: PER Activity status where compliance not achieved: RDIS Where:
1. in any 12 month period, the Matters over which discretion is restricted: total volume of earthworks does not exceed 1,000m³ per site; and 1. The extent to which the land disturbance or 2. all Earthworks Effects earthworks will compromise archaeological sites Standards are complied with; and m āori historic heritage and/or whether any
OR
4 4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT adverse effects on historic heritage can be appropriately remedied or mitigated. 3. the earthworks are permitted 2. Whether the cut face and/or any retaining structures under the Regional can be concealed behind development or effectively Freshwater Plan or landscaped. authorised by a resource 3. The potential to create new or exacerbate existing consent issued by Taranaki natural hazards, impact natural drainage patterns, Regional Council. redirect overland flow paths or flood flows and/or
create instability, erosion or scarring. 4. Whether the earthworks are of a type, scale and Activity status where compliance not form that is appropriate for the location and achieved: CON character of the zone, including the effects on visual amenity, and impacts on existing natural landforms and features. Matters over which control is 5. Management of visual amenity effects through reserved: landscape treatment, site reinstatement and screening. 6. The management of the effects of dust, stormwater, 1. The potential to create new or sediment, noise and vibration. exacerbate existing natural 7. The control of vehicle movements to and from the hazards, impact natural drainage site to manage effects on traffic safety and amenity. patterns, redirect overland flow 8. The extent and effect of non-compliance with any paths or flood flows and/or Earthworks Effects Standards and any relevant create instability, erosion or matters of discretion in any infringed Effects scarring. Standard(s). 2. The management of the effects 9. The matters in EW-P3- EW-P7. of dust, stormwater, sediment, noise and vibration. 3. The control of vehicle movements to and from the site to manage effects on traffic safety and amenity. 4. The extent and effect of non- compliance with any Earthworks Effects Standards and any relevant matters of discretion in
4 5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT any infringed Effects Standard(s). 5. The matters in EW-P3- EW-P7.
EW-S2: Maximum cut depth or fill height Oppose GPL opposes the standard in relation to oil EW-S2: Maximum cut depth or fill and gas activities. It considers the standard is height
unnecessary and unduly onerous in the
The cut depth or fill height (measured vertically) shall context of oil and gas activities and the not exceed: locations/zones in which they take place. (1) Oil and gas activities Effects standards EW-S1 and EW-S3 to EW- S5 suitably control stability matters. 1. outside the minimum building setback for the No maximum cut depth or fill height. underlying zone: 1.5 metres; and
2. inside the minimum building setback for the underlying zone: 0.5m. (2) All other activities
Where no minimum building setback applies (e.g. in the The cut depth or fill height road reserve), the cut depth or fill height shall not (measured vertically) shall not exceed 1.5 metres measured vertically. exceed:
Matters over which discretion is restricted where 1. outside the minimum building compliance not achieved: setback for the underlying zone: 1.5 metres; and 1. Effects on the stability of land or structures, and 2. inside the minimum building potential to create new or exacerbate existing setback for the underlying natural hazards, impact natural drainage zone: 0.5m. patterns, redirect overland flow paths or flood flows and/or create instability, erosion or scarring. Where no minimum building setback 2. Impacts on character and amenity values, applies (e.g. in the road reserve), the natural landforms and features, including cut depth or fill height shall not whether the cut face and/or any retaining exceed 1.5 metres measured structures can be concealed behind vertically. development or effectively landscaped.
4 6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
NOISE - Noise
NOISE-O2: Activities do not generate noise effects Oppose GPL opposes wording of this objective which NOISE-O2: Activities appropriately which adversely affect amenity values, the health and on its face requires no adverse noise effects. avoid, remedy, or mitigate do not wellbeing of people and communities or noise sensitive The RMA is not a no effects statute, and the generate noise effects which activities. planning framework in the Proposed Plan - adversely affect amenity values, the and the wider planning framework - does not health and wellbeing of people and require that activities avoid all noise effects. communities or noise sensitive
activities.
NOISE-O3: New activities that are sensitive to noise Oppose GPL supports the general intent of the Amend objective as follows: are designed and/or located to minimise conflict and objective as drafted but seeks specific NOISE-O3: New activities that are reverse sensitivity effects. avoidance of reverse sensitivity effects. sensitive to noise are designed and/or located to minimise conflict and avoid reverse sensitivity effects.
NOISE-P3: Ensure any noise effects generated by an Support Support the inclusion of this policy, in Retain policy as drafted activity are of a type, scale and level that are particular the inclusion of regard to duration appropriate for the activity’s location having regard to: and offensiveness of noise generated. 1. the frequency, intensity, duration and offensiveness of the noise being generated; 2. whether the level of effects are compatible with the character and amenity of the location and adjacent activities; 3. internalisation of effects to the extent practicable and minimisation of conflict at site boundaries; 4. any impact on the health and well-being of the surrounding community, including sleep disturbance; 5. the adoption/implementation of best practicable options to minimise the adverse effects; 6. any positive effects associated with the activity; and 7. the ability to avoid conflict with existing sensitive activities.
4 7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
NOISE-P4: Ensure noise sensitive activities proposing Oppose GPL supports the general intent of this policy, NOISE-P4: Ensure noise sensitive to locate within the City Centre, Town Centre, Local aimed at ensuring that noise sensitive activities proposing to locate within Centre, Mixed Use and General Industrial Zones or in activities are appropriately designed, the City Centre, Town Centre, Local close proximity to the Major Facility Zone, Airport Zone constructed, and operated. However, GPL Centre, Mixed Use, Rural Production and Port Zone are located, designed, constructed and considers that an amendment is required to and General Industrial Zones or in operated in a way which will ensure adverse specifically refer to noise sensitive activities close proximity to the Major Facility in the Rural Production Zone, in which Zone, Airport Zone and Port Zone noise and health and safety effects are minimised numerous GPL assets are located, and in are located, designed, constructed having regard to: which oil and gas activities are recognised and operated in a way which will 1. the primary purpose and the anticipated frequency and provided for. ensure adverse noise and health of use of the noise sensitive activity ; and safety effects are minimised 2. the location of noise sensitive activities in relation to having regard to: a major facility, airport, port or industrial activity and … the level of noise that will be received within any noise sensitive building ; 3. the ability to design and construct buildings accommodating noise sensitive activities with sound insulation and/or other mitigation measures to ensure the level of noise received within the building is minimised, particularly at night to minimise sleep disturbance ; and 4. the likelihood of unreasonable and/or objectionable noise being heard in any areas of private outdoor living space and the ability to mitigate this effect with screening, separation or topography.
NOISE-S1: Maximum noise levels - zone specific Oppose The requirement to limit noise to 55dB Amend Rule (2) as follows: L within a site boundary in the Rural Aeq(15min) Production Zone that is well clear of any noise (2) M āori Purpose Zone; Rural Production Zone; sensitive activity is not warranted in the 2) M āori Purpose Zone; Rural Production Zone; Rural Lifestyle Rural Lifestyle Zone; Future Urban Zone context of the Rural Production Zone. This is confirmed by independent expert acoustic Zone; Future Urban Zone
advice received by GPL in relation to the 1. Noise generated by any activity shall not exceed the Proposed Plan limits. This issue was 1. Noise generated by any activity following noise limits at any point within the considered and unanimously rejected by the shall not exceed the following boundary of any other Rural Production Zone site: Standards committee when NZS 6802:2008
4 8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Acoustic – Environmental Noise was noise limits at any point within a. All times – 55 dB LAeq(15 min). prepared. The effects of such a requirement the boundary of any other Rural is to make an activity non-compliant for no Production Zone site:
valid reason as without a noise sensitive 2. Noise generated by any activity shall not exceed the activity nearby there is no adverse noise a. All times – 55 dB L Aeq(15 min). following noise limits at any point within the notional effect.
boundary of any noise sensitive activity on any If there is a noise sensitive activity nearby other site in the Rural Production Zone and at any Noise generated by any activity shall then Rule (2) is applicable so the noise must point within any site in the Rural Lifestyle Zone, not exceed the following noise limits comply with the relevant limits. Māori Purpose Zone, Future Urban Zone and/or any at any point within the notional Residential Zone: boundary …
a. 7am to 7pm – 50 dB LAeq(15 min). b. 7pm to 10pm – 45 dB LAeq (15 min). c. 10pm to 7am – 40 dB LAeq (15min) d. 10-m to 7am - 70 dB LAmax.
(8) Major Facility Zone; Hospital Zone
1. Noise generated by any activity shall not exceed the following noise limits at any point within any other site in the Major Facility Zone and/or Hospital Zone:
a. 70dB LAeq (15 min); b. 80dB LAmax .
2. Noise generated by any activity shall not exceed the following noise limits at any point within the boundary of any site in the Residential Zone, Rural Production Zone, Rural Lifestyle Zone, Future Urban Zone and/or M āori Purpose Zone:
a. 7am to 7pm – 55dB LAeq(15 min); b. 7pm to 10pm – 50dB LAeq (15 min);
4 9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
c. 10pm to 7am – 45dB LAeq (15min); d. 10pm to 7am – 75dB LAmax.
If a particular site in the Major Facility Zone has a precinct in the Major Facility Zone Precincts that applies noise limits within that specific precinct, those noise limits shall apply .
NOISE-S2: Maximum noise levels - activity specific Oppose The requirement to limit noise to 60dB Amend Rule (4) as follows: L within a site boundary in the Rural Aeq(15min) (4) Wellsite drilling Production Zone that is well clear of any (4) Wellsite drilling noise sensitive activity is not warranted in the context of the Rural Production Zone. This is 1. Noise generated by wellsite confirmed by independent expert acoustic drilling associated with a 1. Noise generated by wellsite drilling associated with advice received by GPL in relation to the petroleum exploration activity a petroleum exploration activity that does not Proposed Plan limits. The effects of such a that does not exceed a exceed a continuous duration of 90 days in any requirement is to make an activity non- continuous duration of 90 days continuous period of 365 days shall not exceed the compliant for no valid reason as without a in any continuous period of 365 following noise limit at any point within the boundary noise sensitive activity nearby there is no days shall not exceed the of any other Rural Production Zone site: adverse noise effect. Drilling is also a following noise limit at any point temporary activity. within the boundary of any other If there is a noise sensitive activity nearby Rural Production Zone site: a. All times – 60 dB L Aeq(15 min). then Rule (2) is applicable so the noise must 2. Noise generated by wellsite drilling associated with comply with the relevant limits. a. All times – 60 dB L a petroleum exploration activity that does not Aeq(15min). GPL therefore seeks the deletion of this exceed a continuous duration of 90 days in any standard. 2. Noise generated by wellsite continuous period of 365 days shall not exceed the drilling associated with a following noise limits at any point within the notional In the event Council wishes to protect a petroleum exploration activity boundary of any noise sensitive activity on any worker on the farm that may come to the area that does not exceed a other site in the Rural Production Zone and at any at some point (although this is not the continuous duration of 90 days point within any site in the Rural Lifestyle Zone, intention of the RMA) a level of 75dB in any continuous period of 365 Māori Purpose Zone, Future Urban Zone and/or any LAeq(15min) could potentially be appropriate to days shall not exceed the Residential Zone: ensure there would not be a potential following noise limits at any adverse noise effect for the neighbour. point within the notional a. 7am to 7pm – 50 dB L Aeq(15 min). boundary of any noise sensitive
5 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
b. 7pm to 10pm – 45 dB L Aeq (15 min). activity on any other site in the c. 10pm to 7am – 45 dB L Rural Production Zone and at Aeq (15min). d. 10pm to 7am – 70 dB LAmax . any point within any site in the Rural Lifestyle Zone, M āori Purpose Zone, Future Urban Zone and/or any Residential Zone:
a. 7am to 7pm–50 dB L Aeq(15min).
b. 7pm to 10pm–45 dB L Aeq(15min).
c. 10pm to 7am–45 dB L Aeq (15min).
d. 10pm to 7am – 70 dB LAmax .
Part 3: Area Specific Matters
RPROZ - Rural Production Zone
RPROZ-O4: The predominant character and amenity of Support GPL supports recognition of oil and gas Retain objective as drafted the Rural Production Zone is maintained, which activities as part of rural character. includes:
1. extensive areas of vegetation of varying types (for example, pasture for grazing, crops, forestry and indigenous vegetation and habitat) and the presence of large numbers of farmed animals; 2. low density built form with open space between buildings that are predominantly used for agricultural, pastoral and horticultural activities (for example, barns and sheds), low density rural living (for example, farm houses and worker's cottages) and community activities (for example, rural halls, domains and schools); 3. a range of noises, smells, light overspill and traffic, often on a cyclic and seasonable basis, generated
5 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT from the production, manufacture, processing and/or transportation of raw materials derived from primary production; 4. interspersed existing rural industry facilities associated with the use of the land for intensive indoor farming, quarrying, oil and gas activities and cleanfills; and 5. the presence of rural infrastructure, including rural roads, and the on-site disposal of waste, and a general lack of urban infrastructure, including street lighting, solid fences and footpaths.
RPROZ-O5: The Rural Production Zone is a functional, Support GPL supports the recognition of the role of Retain objective as drafted production and extraction orientated working rural industry and primary production environment where primary production and rural activities in the Rural Production zone industry activities are able to operate effectively and (subject to the relief sought above regarding efficiently, while ensuring that: the inclusion of oil and gas activities within the relevant defined terms in the Proposed 1. the adverse effects generated by primary production Plan). and rural industry activities are appropriately managed ; and 2. primary production and rural industry activities are not limited, restricted or compromised by incompatible activities and/or reverse sensitivity effects.
RPROZ-O7: Sensitive activities are designed and Oppose GPL supports the general intent of the RPROZ-O7: Sensitive activities are located to avoid, remedy or mitigate adverse reverse objective as drafted to address the potential designed and located to avoid, sensitivity effects and/or conflict with primary for reverse sensitivity effects, however remedy or mitigate adverse reverse production. considers that amendments should be made sensitivity effects and/or minimise to strengthen the requirement to “avoid” conflict with primary production. reverse sensitivity effects.
RPROZ-P1: Allow activities that are compatible with the Oppose GPL supports specific inclusion of petroleum RPROZ-P1: Allow activities that are role, function and predominant character of the Rural prospecting in the policy, however seeks to compatible with the role, function amend the policy to refer to oil and gas and predominant character of the Rural Production Zone, while
5 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Production Zone, while ensuring their design, scale and activity to cover all aspects of the petroleum ensuring their design, scale and intensity is appropriate, including: industry. intensity is appropriate, including: 1. agricultural, pastoral and horticultural activities; 2. residential activities; 1. agricultural, pastoral and 3. Māori purpose activities; horticultural activities; 4. rural produce retail; and 2. residential activities; 5. petroleum prospecting. 3. Māori purpose activities;
4. rural produce retail; and 5. Oil and Gas Activity. petroleum prospecting;
RPROZ-P2: Manage activities that are potentially Oppose GPL seeks specific inclusion of oil and gas RPROZ-P2: Manage activities that compatible with the role, function and predominant activity in the list of potentially compatible are potentially compatible with the character of the Rural Production Zone and ensure it is activities, recognising/ reflecting the inclusion role, function and predominant appropriate for such activities to establish in the Rural of oil and gas activities as part of the character of the Rural Production Production Zone, having regard to whether: character of the zone. Zone and ensure it is appropriate for such activities to establish in the 1. the activity is compatible with the character and the GPL also considers that a minor amendment Rural Production Zone, having amenity of the rural area; is required to recognise that not all effects regard to whether: 2. the activity will limit or constrain the establishment should always be required to be fully and operation of agricultural, pastoral and internalised within a site. As recognised 1. the activity is compatible with the horticultural activities; elsewhere in the Proposed Plan, while character and the amenity of the 3. the activity will reduce the potential for versatile land unacceptable offsite effects should be rural area; to be used for productive purposes and in a avoided, residual effects should be reduced 2. the activity will limit or constrain sustainable manner; to appropriate levels. the establishment and operation 4. adequate on-site infrastructure and services are of agricultural, pastoral and available and/or can be provided to service the horticultural activities; activity's needs; 3. the activity will reduce the 5. adverse effects can be internalised within the potential for versatile land to be activity's site; and used for productive purposes 6. the activity will not result in conflict at zone and in a sustainable manner; interfaces. 4. adequate on-site infrastructure and services are available and/or
can be provided to service the Potentially compatible activities include: activity's needs;
5 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 5. adverse effects can be internalised within the activity's 1. community facilities; site (and if not, the 2. camping grounds; appropriateness of any offsite 3. sport and recreation activities; effects); and 4. rural industry; 6. the activity will not result in 5. aquaculture; conflict at zone interfaces. 6. mining; 7. intensive indoor primary production; Potentially compatible activities 8. rural transport activities; include: 9. quarries; 1. community facilities… 10. retail activities (except supermarkets, large format
retail activities and integrated retail activities); 11. business service activities; 14. Oil and Gas Activities 12. commercial service activities; and 13. industrial activities.
RPROZ-P3: Avoid activities that are incompatible with Support GPL supports the avoidance of incompatible Retain policy as drafted role, function and predominant character of the Rural activities within the Rural Production Zone, Production Zone and/or activities that will result in: especially those activities that will result in reverse sensitivity effects with respect to oil 1. reverse sensitivity effects and/or conflict with and gas activities, which are an established permitted activities in the zone ; or and compatible activity within the zone. 2. adverse effects, which cannot be avoided, or appropriately remedied or mitigated, on: (a) rural character and amenity values ; (b) the productive potential of highly productive soils and versatile rural land.
Incompatible activities include:
1. residential activities (except papak āinga) and rural lifestyle living that are not ancillary to rural activities ; 2. retirement villages ; 3. visitor accommodation ; 4. supermarkets ; 5. integrated retail activities ;
5 4
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 6. large format retail activities ; and 7. educational facilities (except K ōhanga reo).
RPROZ-P7: Require sensitive activities to be Oppose GPL supports the general intent of the policy RPROZ-P7: Require sensitive appropriately located and designed to minimise any as drafted to address the potential for reverse activities to be appropriately located reverse sensitivity effects, risks to people, property and sensitivity effects, however considers that and designed to minimise avoid any the environment and/or conflict with activities permitted amendments should be made to strengthen reverse sensitivity effects, and in the Rural Production Zone, including by: the requirement to “avoid” reverse sensitivity minimise risks to people, property effects. and the environment and/or conflict 1. ensuring sufficient separation by distance and/or with activities permitted in the Rural topography between sensitive activities and zone Production Zone, including by: boundaries, transport networks, primary production, significant hazardous facilities and rural industry; … 2. adopting appropriate design measures to minimise the impact of off-site effects of rural industry that cannot be internalised within the rural industry activity's site ; and 3. utilising landscaping, screen planting or existing topography to minimise the visual impact of rural industry.
RPROZ-P8: Require that buildings and structures Oppose GPL seeks recognition within the policy RPROZ-P8: Require that permanent associated with large scale activities maintain rural framework that effects associated with buildings and structures associated character and visual amenity by: temporary buildings / structures associated with large scale activities maintain with oil and gas activities are temporary in rural character and visual amenity
duration. by: 1. locating buildings away from prominent ridgelines 1. locating buildings away from and providing separation between buildings; prominent ridgelines and 2. requiring buildings to be designed to a form and providing separation between scale that is in keeping with the rural landscape of buildings; the area; 2. requiring buildings to be 3. softening with vegetation related to the area and designed to a form and scale using appropriate boundary treatments; and that is in keeping with the rural 4. minimising adverse visual effects through use of landscape of the area; appropriate materials and recessive colours.
5 5
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 3. softening with vegetation related to the area and using appropriate boundary treatments; and 4. minimising adverse visual effects through use of appropriate materials and recessive colours.
Activities Rules
Land Use Activities Oppose It is unclear which land use activity rules Include new land use activity rule as apply to oil and gas activities. Potentially follows:
relevant activities include rural industry and RPROZ-RX : Temporary Cranes and RPROZ-R1 through to RPROZ-R33 mining (noting previous submission points in derricks/drilling rig masts; regard to these definitions). It appears oil and gas activities potentially default to RPROZ- Activity status: PER
R26 as an activity not otherwise listed and is Where: therefore discretionary. The discretionary status has implications for the erection of 1. The structure is erected on structures under the building activity rules. site for not more than 6 months; and GPL’s primary concern is that temporary rig structures will require resource consent as a 2. all Rural Production Zone discretionary activity. GPL considers that Effects Standards are temporary rig structures (including temporary complied with. structures exceeding RPROZ-S1 maximum structure height) should be provided for as a permitted activity. GPL seeks subsequent amendment to land use activity, building activity and effects standards to provide for temporary structures as a permitted activity.
RPROZ-S1: Maximum structure height Oppose Amend the rule to provide an activity specific Amend rule as follows: permitted height rule for temporary cranes RPROZ-S1: Maximum structure and derricks/drilling rig masts. height 1. Residential unit: 8m
5 6
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. Residential unit: 8m 2. All other buildings and structures: 12m 2. Temporary cranes and derricks/drilling rig masts:
60m Matters of discretion if compliance not achieved: 3. All other buildings and 1. The extent to which building design, siting and structures: 12m external appearance adversely impacts on rural character and amenity. 2. Site topography and orientation and whether the building can be more appropriately located to minimise adverse visual amenity effects. 3. Effect on nearby properties, including outlook, privacy, shading and sense of enclosure. 4. The extent to which the effects of the extra height are mitigated by the shape and/or natural and physical features of the site. 5. The ability to mitigate adverse effects through the use of screening, planting, landscaping and alternative design.
Rural Lifestyle Zone
RLZ-P1: Allow activities that will not compromise the Oppose Consistent with Rule ENGY-R1 and for clarity Amend policy as follows: role, function and predominant character of the Rural purposes, GPL seeks specific inclusion of RLZ-P1: Allow activities that will not Lifestyle Zone, while ensuring their design, scale and petroleum prospecting as an activity allowed compromise the role, function and intensity is appropriate, including: in the Rural Lifestyle Zone. predominant character of the Rural 1. rural lifestyle living; Lifestyle Zone, while ensuring their 2. agricultural, pastoral and horticultural activities; design, scale and intensity is 3. home business activities; and appropriate, including: 4. Māori purpose activities. 1. rural lifestyle living; 2. agricultural, pastoral and horticultural activities; 3. home business activities; and 4. Māori purpose activities; and 5. petroleum prospecting.
5 7
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
RLZ-P2: Manage activities that are potentially Oppose GPL considers that petroleum prospecting is Amend the definition to include compatible with the role, function and predominant able to be appropriately managed in the petroleum prospecting activities in character of the Rural Lifestyle Zone and ensure it is Rural Lifestyle Zone to be compatible under a the list of potentially compatible appropriate for such activities to establish in the Rural permitted rule / use of explosives as a activities. Lifestyle Zone, having regard to whether: restricted discretionary consenting process. RLZ-P2: Manage activities that are Seismic is a temporary activity and the rural 1. the scale, design and layout of the activity potentially compatible with the role, lifestyle zone is within petroleum permit maintains the character and amenity of the function and predominant character areas. Rural Lifestyle Zone; of the Rural Lifestyle Zone and 2. the activity will limit, constrain or compromise ensure it is appropriate for such existing rural lifestyle living activities; activities to establish in the Rural 3. the purpose of the activity will provide for or Lifestyle Zone, having regard to support the needs of rural lifestyle living; whether: 4. the activity will undermine the role, function …. and/or viability of a nearby centre; 5. the activity will result in reverse sensitivity effects and/or conflict with permitted activities Potentially compatible activities occurring on adjacent sites in the Rural include: Production Zone or a Residential Zone; 6. any adverse effects on identified features can be 1. visitor accommodation: avoided, or appropriately remedied and 2. community facilities; mitigated; and 3. educational facilities; and 7. there is adequate existing and/or planned 4. sport and recreation infrastructure to service the activity on-site activities. without reliance on the Council’s reticulation 5. petroleum prospecting systems.
Potentially compatible activities include: 1. visitor accommodation: 2. community facilities; 3. educational facilities; and 4. sport and recreation activities.
5 8
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
RLZ-P3: Avoid activities that are incompatible with the Oppose GPL seeks amendment to the policy wording RLZ-P3: Avoid activities that are role, function and predominant character of the Rural relating to incompatible activities to recognise incompatible with the role, function Lifestyle Zone and/or activities that will result in: that various land uses occur/will occur and and predominant character of the are appropriate in the Rural Lifestyle Zone, Rural Lifestyle Zone and/or activities
and it is only certain types of effects which that which will result in: 1. reverse sensitivity effects and/or conflict with should be avoided (as opposed to remedied 1. reverse sensitivity effects permitted activities in the zone; or mitigated). Related to this, GPL seeks the and/or unacceptable conflict 2. the establishment of commercial, rural industry deletion of the incompatible activities list. with permitted activities in the or industrial activities in the Rural Lifestyle Zone zone; that are more appropriately located in the 2. the establishment of Commercial and Mixed Use Zones, Rural commercial, rural industry or Production Zone or General Industrial Zone; industrial activities in the 3. urbanisation of the Rural Lifestyle Zone as a Rural Lifestyle Zone that are consequence of inappropriate residential more appropriately located in development; or the Commercial and Mixed 4. adverse effects, which cannot be avoided, or Use Zones, Rural Production appropriately remedied or mitigated, on: Zone or General Industrial a. rural lifestyle living activities or Zone; agricultural, pastoral and horticultural 3. urbanisation of the Rural activities; and Lifestyle Zone as a b. rural lifestyle character and amenity consequence of values. inappropriate residential development; or Incompatible activities include: 4. adverse effects, which cannot be avoided, or 1. residential scale subdivision; appropriately remedied or 2. multi-unit development; mitigated, on: 3. retirement village; a. rural lifestyle living 4. retail activities; activities or 5. business service activities; agricultural, pastoral 6. commercial service activities; and horticultural 7. rural industry activities; activities; and 8. intensive indoor primary production; b. rural lifestyle 9. industrial activities; character and 10. quarries; amenity values.
5 9
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 11. mining; and 12. rural transport activities. Potentially Incompatible activities
include: 13. residential scale subdivision; 14. multi-unit development; 15. retirement village; 16. retail activities; 17. business service activities; 18. commercial service activities; 19. rural industry activities; 20. intensive indoor primary production; 21. industrial activities; 22. quarries; 23. mining; and 24. rural transport activities.
RLZ-R16: Any activity not otherwise listed in this Oppose Consistent with Rule ENGY-R1 and for clarity Add new permitted activity land use table purposes, GPL seeks specific inclusion of rule as follows: petroleum prospecting excluding seismic RLZ-RX: Petroleum prospecting, surveys using explosives as a permitted excluding seismic surveys using (New permitted activity rule for petroleum activity in the Rural Lifestyle Zone and explosives prospecting excluding seismic surveys using petroleum prospecting using explosives as a explosives) restricted discretionary activity. Activity status: PER Where: 1. all Rural Lifestyle Zone Effects Standards are complied with.
RLZ-R16: Any activity not otherwise listed in this Oppose GPL seeks inclusion of petroleum RLZ-RX: Petroleum prospecting table prospecting as a permitted activity in the including seismic surveys using Rural Lifestyle Zone and petroleum explosives prospecting using explosives as a restricted
6 0
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT (New restricted discretionary activity rule for discretionary activity in the Rural Lifestyle petroleum prospecting including seismic surveys Zone in recognition that permits extend to Activity status: Restricted using explosives) cover the Rural Lifestyle Zone and that Discretionary associated adverse effects may be suitably
avoided, remedied or mitigated such that
petroleum prospecting activities may be Where: compatible in the zone, bearing in mind the temporary nature of seismic. 1. all Rural Lifestyle Zone Effects Standards are complied with.
Matters over which discretion is restricted:
1. The extent and effect of non- compliance with Effects Standard ENGY-S5 or any other relevant Energy Effects Standards and the matters of discretion in any infringed Effects Standard(s).
6 1
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
MFZ – Major Facility Zone
MFZ-O1-O4 (all objectives) Support GPL supports the proposed objectives of the Retain objectives as drafted Major Facility Zone which seek to recognise large-scale facilities that are regionally or nationally significant which contribute to the economic and social well-being of the community and to provide for their unique operational needs, while appropriately managing the environmental effects associated with each major facility.
MFZ-P1-P9 (all policies) Support GPL supports the proposed policies of the Retain policies as drafted Major Facility Zone which seek to recognise large-scale facilities that are regionally or nationally significant which contribute to the economic and social well-being of the community and to provide for their unique operational needs, while appropriately managing the environmental effects associated with each major facility.
MFZ-R1-R11 (all rules) and S1-S4 (all standards) Support GPL supports the proposed rules and Retain rules and standards as standards of the Major Facility Zone which drafted seek to recognise large-scale facilities that are regionally or nationally significant which contribute to the economic and social well- being of the community and to provide for their unique operational needs, while appropriately managing the environmental effects associated with each major facility.
6 2
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Mapping/zoning
Zoning / precinct identification of Turangi Oppose Related to the amendments to the definition That the following sites be zoned Production Station; Kowhai Production Station; of “Major Facilities” sought by GPL above, Special Purpose – Major Facility Kaimiro Production Station; Onaero Wellsite; and GPL seeks that its following facilities are Zone: Ngatoro Production Station zoned Special Purpose – Major Facility Zone: • Turangi Production Station • Turangi Production Station • Kowhai Production Station • • Kowhai Production Station Kaimiro Production Station • Kaimiro Production Station • Onaero Wellsite • Onaero Wellsite • Ngatoro Production Station • Ngatoro Production Station GPL also seeks associated precinct GPL also seeks associated precinct provisions for the above facilities provisions for the above facilities (comparable to the provisions (comparable to the provisions currently currently proposed to apply to other proposed to apply to other production production stations within the Major stations within the Major Facility zone). Facility zone). Refer to the reasons provided above in In the alternative, GPL seeks relation to GPL’s submission on the “Major consequential/related amendments Facilities” definition. to the provisions applying to the five facilities (including the underlying
zone provisions) to more appropriately recognise and provide for Energy Activities/Oil and Gas Activities at the sites.
6 3
PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Part 2: District Wide Matters – Historic and Cultural Values (mapping)
Archaeological Sites / Areas of Significance to Maori Oppose in The mapped extents of Sites/Areas 2213 and GPL requests that the extent of 2215 and 2213 part - 2215 cover the Kowhai A Access Track and Site/Area 2215 is reduced to exclude amend the Wellsite footprints respectively. The Kowhai A the Kowhai A Wellsite and the extent
extent Wellsite and Access Track were constructed of Site/Area 2213 is reduced to in 2006 under an Archaeological Authority exclude the Kowhai A Wellsite (Authority Number 2006-141). All top soil was Access Track (as shown in the map removed from the Wellsite and Access Track, at Appendix A). archaeological remains were recorded in accordance with the authority and subsequently destroyed. There is therefore no reason to retain these areas for protection. The reason for this is that any archaeology within the Kowhai A Wellsite and Access Track lease area no longer exists. The features were destroyed with formal approval from Heritage New Zealand Pouhere Taonga (formerly The New Zealand Historic Places Trust) when constructing the Kowhai A Site. Attached as Appendix A is a copy of the Archaeological Authority along with a map showing the location of Sites/Areas 2213 and 2215 in relation to the Kowhai A Wellsite and Access Track. PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT
Archaeological Site / Site of Significance to Maori 2541 Oppose Site 2541 is located in the middle of the GPL requests the removal of Site Kowhai B Wellsite. The Kowhai B Wellsite 2541, the reason for this is that any
was constructed in 2012 under an archaeology within the Kowhai B Archaeological Authority (Authority Number Wellsite no longer exists. 2012-618). All top soil was removed as part of constructing the Wellsite, archaeological remains were recorded in accordance with the authority and subsequently destroyed. There is therefore no reason to retain this Site for protection. The features were destroyed with formal approval from Heritage New Zealand Pouhere Taonga (formerly The New Zealand Historic Places Trust) to establish the Kowhai B Wellsite. A copy of the Archaeological Authority is attached to this document, along with a map showing the location of Site 2541 in relation to the Kowhai B Wellsite as Appendix B.
Archaeological Site / Site of Significance to Maori 2553 Oppose in Site 2553 is located in the middle of the GPL requests that the extent of part – Epiha A Wellsite. The Epiha A Wellsite was Site/Area 2553 is reduced to exclude
amend the constructed in 2012 under an Archaeological the Epiha A Wellsite and the Epiha A extent Authority (Authority Number 2012-961). All Wellsite Access Track (as shown in top soil was removed as part of constructing the map at Appendix C). the wellsite, archaeological remains were recorded in accordance with the authority and subsequently destroyed. There is therefore no reason to retain this Site for protection. The features were destroyed with formal approval from Heritage New Zealand PROPOSED DISTRICT PLAN PROVISION(S) OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Pouhere Taonga (formerly The New Zealand Historic Places Trust). A copy of the Archaeological Authority is attached to this document, along with a location map as Appendix C which details the location of Site 2553 in relation to the Epiha A Wellsite.
Schedule 3 - Identification of Archaeological Sites / Oppose in Archaeological Sites and Sites and Areas of Ensure Archaeological Sites and Sites and Areas of Significance to Maori part Significance to Maori are difficult to locate Sites and Areas of Significance to under the Proposed District Plan Format. Maori are visible at the same Greymouth Petroleum Limited (GPL) resolution that rivers, roads and reviewed the online Proposed District Plan zones are visible. Mapping tool to check the location of these
sites in relation to any land owned or leased. It was initially considered that there were no Add a grid reference for each Archaeological Sites or Sites and Areas of Archaeological Site and Site and Significance to Maori within close proximity to Area of Significance to Maori and a land owned or leased by GPL. However, legal description pertaining to the recently it was realised that these sites are parcel of land which the site is not visible on the Mapping Tool without located on into Schedule 3 (or other zooming in extremely close to a site and they suitable identification mechanisms). were therefore initially missed.
Further to this, Schedule 3 – Schedule of Archaeological Sites or Sites and Areas of Significance to Maori does not include any record of title or grid reference to where each site is located.
Appendix A – Kowhai A Wellsite 1711000 0 0 0 0 5 5 6 6 7 7 6 6 5 5
SiteID:2213
Kowhai A
Legend SiteID:2215 Archaeological Site
Site of Significance to Maori
Rivers/Streams
Access Track
Wellsite Boundary Site and Area of Significance to Maori and Archaeological Site Extent Site extent to be removed from protection
1711000
TITLE 0 25 50 75 100 Data Source: AUTHOR: N McCullough MAP DATE: 22/05/2020 KOWHAI A WELLSITE Aerial imagery and roads data provided by LINZ. Rivers, sites of GREYMOUTH Meters significance supplied by NPDC ORIGINAL MAP SIZE: A3 REVISION: 001 SITES OF SIGNIFICANCE TO MAORI Disclaimer: Scale: 1:2,000 REGION: Taranaki SITE: KOWHAI A PETROLEUM Map CRS: NZGD2000 NZ Transverse Mercator & ARCHAEOLOGICAL SITES GIS and imagery data are for indicative purposes only. Data may be subject to scale error. MAP REFERENCE No: GPLGIS-820-1075-01A3L
Appendix B – Kowhai B Wellsite 1710800 1711000 1711200 0 0 0 0 8 8 7 7
7 SiteID:2541 7 6 6 5 5
Kowhai B
Legend
Archaeological Site
Site of Significance to Maori 0 0 0 0 6 6
7 Rivers/Streams 7 7 7 6 6 5 Wellsite Boundary 5
1710800 1711000 1711200
TITLE Data Source: AUTHOR: N McCullough MAP DATE: 0 25 50 75 100 14/05/2020 KOWHAI B WELLSITE Aerial imagery and roads data provided by LINZ. Rivers, sites of GREYMOUTH Meters significance supplied by NPDC ORIGINAL MAP SIZE: A3 REVISION: 001 SITES OF SIGNIFICANCE TO MAORI Disclaimer: Scale: 1:1,500 REGION: Taranaki SITE: KOWHAI B PETROLEUM Map CRS: NZGD2000 NZ Transverse Mercator & ARCHAEOLOGICAL SITES GIS and imagery data are for indicative purposes only. Data may be subject to scale error. MAP REFERENCE No: GPLGIS-822-1075-01A3L
Appendix C – Epiha A Wellsite 1711500 1711750 1712000 0 0 0 0 5 5 0 0 8 8 6 6 5 5
Epiha A
SiteID:2553 0 0 5 5 2 2 0 0 8 8 6 6 5 5
Legend
Archaeological Site
Site of Significance to Maori
Rivers/Streams
Wellsite Boundary
Wellsite access track
1711500 1711750 1712000
TITLE 0 25 50 75 100 Data Source: AUTHOR: N McCullough MAP DATE: 22/05/2020 EPIHA A WELLSITE Aerial imagery and roads data provided by LINZ. Rivers, sites of GREYMOUTH Meters significance supplied by NPDC ORIGINAL MAP SIZE: A3 REVISION: 001 SITES OF SIGNIFICANCE TO MAORI Disclaimer: Scale: 1:2,000 REGION: Taranaki SITE: EPIHA A PETROLEUM Map CRS: NZGD2000 NZ Transverse Mercator & ARCHAEOLOGICAL SITES GIS and imagery data are for indicative purposes only. Data may be subject to scale error. MAP REFERENCE No: GPLGIS-EPIHA-1075-01A3L