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Taranaki Regional Council, Stratford Consents and Regulatory Committee Tuesday 3 February 2015 10.30am Taranaki Regional Council, Stratford Agenda for the Consents and Regulatory Committee of the Taranaki Regional Council to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 3 February 2015 commencing at 10.30am. Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving M P Joyce N W Walker D L Lean (ex officio) D N MacLeod (ex officio) Attending Messrs B G Chamberlain (Chief Executive) M J Nield (Director-Corporate Services) G K Bedford (Director-Environment Quality) A D McLay (Director-Resource Management) C H McLellan (Consents Manager) B E Pope (Compliance Manager) R Phipps (Science Manager) Mrs H Meintjes (Science Manager) Mrs V McKay (Science Manager) Messrs P Ledingham (Communications Officer) S Tamarapa (Iwi Communications Officer) Mrs K van Gameren (Committee Administrator) Apologies Councillor R F H Maxwell Notification of Late Items Item 1 Confirmation of Minutes – 25 November 2014 Page 1 Item 2 Resource consents issued under delegated authority Page 8 Item 3 EPA Decision on Maari Development Drilling Marine Page 30 Consent Applications One Separate Report Item 4 Consent monitoring annual reports Page 35 16 Separate Reports Item 5 Incident Register – 8 November 2014 to 16 January 2015 Page 53 Doc# 1460926-v1 Item 6 Prosecution update – Tri-View Shipping Private Limited Page 100 and Fairmont Shipping Limited Sentencing Decision Item 7 Prosecution update – Glencore Grain (NZ) Limited Page 115 Sentencing Decision Item 8 Prosecution update – South Taranaki District Council Page 123 Sentencing Decision Item 9 General Business Item 10 Public Excluded In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1986, the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee meeting held on Tuesday 3 February 2015 for the following reason/s: Item 11 Confirmation of Confidential Minutes – 25 November 2015 That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial. Item 12 Report on prosecutions That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial. 1 Agenda Memorandum Date 3 February 2015 Memorandum to Chairperson and Members Consents and Regulatory Committee Subject: Confirmation of Minutes – 25 November 2014 Item: 1 Approved by: G K Bedford, Director-Environment Quality B G Chamberlain, Chief Executive Document: 1460935 Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 25 November 2014 at 10.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 16 December 2014. Matters arising Appendices Document #1436304 – Minutes Consents and Regulatory Committee Tuesday 25 November 2014 2 Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 25 November 2014 at 10.30 am. Members Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M P Joyce R F H Maxwell N W Walker D L Lean (ex officio) D N MacLeod (ex officio) Attending Messrs B G Chamberlain (Chief Executive) G K Bedford (Director-Environment Quality) A D McLay (Director-Resource Management) M J Nield (Director-Corporate Services) C H McLellan (Consents Manager) B E Pope (Compliance Manager) Mrs V McKay (Science Manager) Mrs H Meintjes (Science Manager) Messrs P Ledingham (Communications Officer) S Tamarapa (Iwi Communications Officer) J Kitto (Scientific Officer) A Cotter (Hydrology Officer) Mrs K van Gameren (Committee Administrator) Mrs N Ord-Walton (Technical Services Administration Officer) Ms T Dickie (BTW Company) Mr J Passmore (Greymouth Petroleum) Apologies The apology from Councillor M A Irving was received and sustained. Notification of Late Items Report on prosecutions – public excluded Deputation to the Consents and Regulatory Committee – Greymouth Petroleum 3 The Committee received a deputation from Ms T Dickie, BTW Company, and Mr J Passmore, Greymouth Petroleum, regarding the Company’s internal compliance monitoring programme and the systems in place to mitigate potential adverse effects on the environment. 1. Confirmation of Minutes – 14 October 2014 Resolved THAT the Consents and Regulatory Committee of the Taranaki Regional Council 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 14 October 2014 at 10.30 am 2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 4 November 2014. Horton/MacLeod Matters Arising There were no matters arising. 2. Resource consents issued under delegated authority Councillor M P Joyce declared an interest in item 2 (Resource consents issued under delegated authority), in particular matters pertaining to Taranaki Community Rugby Trust and took no part in the discussion or recommendations. 2.1 The Committee considered and discussed the memorandum advising of consents granted and of consent processing actions since the last meeting of the Committee. 2.2 It was noted that the resource consent applications may be a good indicator of economic growth and a measure of economic benefit to the region that may be useful information for the Council to record for the future. Recommended THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted under delegated authority. Lean/Maxwell 3. Possible Hearing – Cold Creek Community Water Supply Limited Consents and Regulatory Committee Meeting Tuesday 25 November 2014 Doc# 1436304-v1 4 3.1 Mr A D McLay, Director-Resource Management, spoke to the memorandum recommending the Council delegates to a Hearing Committee the authority to determine an application (consent 1134) by Cold Creek Community Water Supply Limited to increase the rate of water take up to 80 litres per second from the current consented amount of 59 litres per second. 3.2 The application was limited notified with five parties served notice of the application and given the opportunity to make a submission. Three submissions were received, one in opposition, one with conditional support and one submission neutral to the application. It was noted that a Hearing will only be necessary if agreement on consent conditions can not be achieved through the pre-hearing process. Recommended THAT the Taranaki Regional Council 1. receives this memorandum 2. notes that a hearing is expected to be held early 2015 3. subject to a hearing being necessary, in accordance with section 34A(1) of the Resource Management Act appoints Cr D Lean [Chairperson], Cr N Walker and Cr M Joyce as hearing commissioners, and delegates them the power to hear and determine the water permit application lodged by Cold Creek Community Water Supply Limited [change of conditions to consent 1134]. MacLeod/Davey 4. Consent monitoring annual reports Councillor D N MacLeod declared an interest in item 4 (Consent monitoring annual reports), in particular matters pertaining to Fonterra and took no part in the discussion or recommendations associated with the Fonterra Whareroa Compliance Monitoring Programme Annual Report 2013-2014. 4.1 Mrs H Meintjes, Science Manager, spoke to the memorandum outlining 18 tailored compliance monitoring programme reports covering (variously) the monitoring periods 2011-2014, and provided an overview on environmental performance and consent compliance from each report. 4.2 The Committee discussed the Taranaki Abattoirs Limited report, noting the ‘improvement required’ performance rating. It was advised that Taranaki Abattoirs Limited has undergone a change in ownership and now have the means to improve their environmental performance and compliance with consent conditions. Recommended THAT the Taranaki Regional Council Consents and Regulatory Committee Meeting Tuesday 25 November 2014 5 1. receives the TAG Oil (NZ) Limited Cheal-C Wellsite Monitoring Programme Report 2011-2014 and adopts the specific recommendations therein 2. receives the TAG Oil (NZ) Limited Southern Cross Wellsite Monitoring Programme Report 2013-2014 and adopts the specific recommendations therein 3. receives the TAG Oil (NZ) Limited Sidewinder Production Station Monitoring Programme Biennial Report 2012-2014 and adopts the specific recommendations therein 4. receives the Shell Exploration NZ Limited Pohokura Production Station Monitoring Programme Annual Report 2013-2014 and adopts the specific recommendations therein 5. receives the Taranaki Ventures Limited Copper Moki Production Station Monitoring Programme Biennial Report 2012-2014 and adopts the specific recommendations therein 6. receives the C Boyd – Drilling
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