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Coastal Environment Plan Te Mahere Takutai Ā-Rohe RESOURCE MANAGEMENT ACT 1991

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Coastal Environment Plan Te Mahere Takutai Ā-Rohe RESOURCE MANAGEMENT ACT 1991 Pre-Operative Regional Coastal Environment Plan Te Mahere Takutai ā-Rohe RESOURCE MANAGEMENT ACT 1991 BAY OF PLENTY REGIONAL COUNCIL TOIMOANA BAY OF PLENTY REGIONAL COASTAL ENVIRONMENT PLAN The Bay of Plenty Regional Coastal Environment Plan was prepared by the Bay of Plenty Regional Council under section 64 and the First Schedule of the Resource Management Act 1991. The Bay of Plenty Regional Council approved that part of the plan that is not part of the coastal marine area 1 and adopted that part of the plan in the coastal marine area by resolution of the Council on the 30 h day of October 2018 in accordance with clauses 17 and 18 of the First Schedule of the Resource Management Act 1991. The Common Seal of the BAY OF PLENTY REGIONAL 1 COUNCIL was affixed hereto this 30 h day of October 2018 in the presence of: Douglas Leeder Chairman Fiona McTavish Chief Executive Minister of Conservation approved that part of the Bay of Plenty Regional Coastal Environment Plan relating to the coastal marine area by signing it in accordance with clause 19 of the First Schedule of the Resource Management Act 1991 . Hon. Eugenie Sage Minister of Conservation Version 10.1 January 2019 PROPOSED BAY OF PLENTY REGIONAL COASTAL ENVIRONMENT PLAN PRE-OPERATIVE This version incorporates changes resulting from consent orders and decisions issued by the Environment Court in order to resolve appeals. Bay of Plenty Regional Council PO Box 364 Whakatāne 3158 New Zealand Contents 30 October 2018 Contents Outstanding Appeals ix Part One: Purpose, content, planning framework 1 1 Introduction 1 2 Purpose 1 3 Plan coverage 1 3.1 Geographic coverage 1 3.2 The coastal environment 2 3.3 Maritime Incidents 2 4 Plan structure 2 4.1 Overview 2 4.2 Rules 3 5 Plan mechanisms 4 5.1 Introduction 4 5.2 Zoning and overlays 4 6 Roles and responsibilities of other agencies 4 6.1 District and city councils 4 6.2 Department of Internal Affairs 5 6.3 Maritime New Zealand 5 6.4 Ministry for Primary Industries 5 6.5 Department of Conservation 5 6.5.1 The Minister of Conservation 6 6.6 Environmental Protection Authority (EPA) 6 6.7 Ministry for the Environment 6 6.8 Office of Treaty Settlements 6 BAY OF PLENTY REGIONAL COUNCIL TOI MOANA i 30 October 2018 Contents 7 Other policy documents 6 7.1 New Zealand Coastal Policy Statement 2010 6 7.2 The Bay of Plenty Regional Policy Statement 2014 7 7.3 National Policy Statement on Electricity Transmission 7 7.4 The National Environmental Standards for Electricity Transmission Activities 7 7.5 National Policy Statement for Renewable Energy Generation 2011 8 Part Two: Issues and objectives for the coastal environment 9 1 Issues 11 1.1 Integrated Management 11 1.2 Natural Heritage 11 1.3 Water Quality 12 1.4 Iwi Resource Management 13 1.5 Historic Heritage 14 1.6 Coastal Hazards and Climate Change 15 1.7 Recreation 15 1.8 Activities in the coastal marine area 16 1.9 Aquaculture issues 16 1.10 Harbour Development Zone 17 1.11 Port Zone 18 2 Objectives 18 2.1 Integrated management 18 2.2 Natural Heritage 19 2.3 Water Quality 19 2.4 Iwi Resource Management 20 2.5 Historic Heritage 21 2.6 Coastal Hazards 21 2.7 Recreation 21 ii Pre-Operative Regional Coastal Environment Plan – 30 October 2018 Contents 30 October 2018 2.8 Activities in the Coastal Marine Area 21 2.9 Harbour Development Zone 23 2.10 Port Zone 24 Part Three: Resource management policies to achieve integrated management of the coastal environment 25 1 Integrated Resource Management (IR) 27 2 Natural Heritage (NH) 27 2.1 Policies 27 2.1.1 Appropriate use and development 27 2.1.2 How to remedy and mitigate 34 2.1.3 Maintain 34 2.1.4 Promoting protection and management of existing high value areas 35 3 Water Quality (WQ) 35 3.1 Policies 35 4 Iwi Resource Management (IW) 37 4.1 Policies 37 5 Historic Heritage (HH) 40 5.1 Policies 40 6 Coastal Hazards (CH) 41 6.1 Policies 41 6.1.1 General Approach to Coastal Hazard Management 41 6.1.2 Tsunami Hazard Risk 43 6.1.3 Sandy coasts and river mouth erosion and inundation 44 6.1.4 Harbour, estuary and cliff erosion and inundation 46 7 Recreation, public access and open space (RA) 49 7.1 Policies 49 7.1.1 Surf breaks 49 7.1.2 Public open space 49 7.1.3 Public access 50 BAY OF PLENTY REGIONAL COUNCIL TOI MOANA iii 30 October 2018 Contents 7.1.4 Walking access 50 7.1.5 Vehicle access 51 7.1.6 Access infrastructure 52 Part Four: Activity-based policies and rules 55 1 Structures and occupation of space in the Coastal Marine Area (SO) 57 1.1 Policies 57 1.2 Rules 62 2 Disturbance, deposition and extraction (DD) 77 2.1 Policies 77 2.1.1 Additional policies for mineral extraction 79 2.1.2 Additional policies for dredging and spoil disposal 79 2.2 Rules 81 2.3 Policies and Rules for Mangrove Management 94 2.3.1 Policies for mangrove management 94 2.3.2 Rules for mangrove management 98 3 Coastal discharges (CD) 107 3.1 Policies 107 3.1.1 Additional policies relevant to discharges of human sewage 109 3.1.2 Additional policies specific to hazardous substances 110 3.1.3 Additional policies relevant to stormwater discharges 110 3.2 Rules and Regulations 111 3.3 Regulations For Information Only – not part of the Regional Coastal Environment Plan 111 3.4 Rules 114 4 Reclamation (RM) 122 4.1 Policies 122 4.2 Rules 124 iv Pre-Operative Regional Coastal Environment Plan – 30 October 2018 Contents 30 October 2018 5 Taking, using, damming or diversion of coastal water (TD) 126 5.1 Policies 126 5.2 Rules 127 6 Aquaculture (AQ) 127 6.1 Policies 127 6.2 Aquaculture rules 131 7 Biosecurity (BS) 140 7.1 Policies 140 7.2 Rules 141 8 Harbour Development Zone (HD) 143 8.1 Policies 143 8.1.1 General policies for the Harbour Development Zone 143 8.1.2 Additional policy specific to the Tauranga Harbour Development Zone 145 8.1.3 Additional policy specific to the Whakatāne Harbour Development Zone 145 8.1.4 Additional policies specific to the Ōpōtiki Harbour Development Zone 146 8.1.5 Additional policies specific to the Harbour Development Zones in northern Tauranga Harbour 146 8.2 Rules 146 9 Port Zone (PZ) 158 9.1 Policies 158 9.2 Rules 160 10 Noise (NS) 169 10.1 Policies 169 10.2 Rules 169 11 Geothermal Resources (GR) 171 11.1 Policies 171 11.2 Rules 172 BAY OF PLENTY REGIONAL COUNCIL TOI MOANA v 30 October 2018 Contents 12 Summary of Rules 175 Assessment Guidelines - Areas of significant cultural value 189 Part Five: Methods 191 1 Methods 193 1.1 Implementation, Monitoring and Reporting 193 1.2 Natural Heritage 193 1.3 Water Quality 194 1.4 Involvement of community groups and tāngata whenua 196 1.5 Cultural and Historic Heritage 197 1.6 Recreation and Public Space 198 1.7 Coastal Hazards 199 1.8 Vessel Routeing 200 1.9 Biosecurity 200 Definitions 201 Definitions of terms used in the Regional Coastal Environment Plan: 201 Part Six: Schedules to the Regional Coastal Environment Plan 215 Schedule 1 – Rivermouths 217 Schedule 2 – Indigenous Biological Diversity Areas in the Coastal Environment 221 Schedule 3 – Outstanding Natural Features and Landscapes in the Coastal Environment 279 Schedule 4 – Management guidelines for natural features and landscapes 355 Schedule 5 – Regionally Significant Surf Breaks 367 Schedule 6 – Areas of Significant Cultural Value 369 Schedule 7 – Historic Heritage Inventory 379 Schedule 8 – Harbour Development Zones 381 Tauranga City – Harbour Development Zone area 381 vi Pre-Operative Regional Coastal Environment Plan – 30 October 2018 Contents 30 October 2018 Northern Tauranga Harbour – Harbour Development Zone areas 381 Whakatāne District – Harbour Development Zone area 382 Ōpōtiki District – Harbour Development Zone area 383 Schedule 9 – Outline Development Plan for the Port of Tauranga 2013 385 Schedule 10 – Water Quality Classifications 397 Schedule 11 – Financial Contributions 399 Schedule 12 – High Risk Facilities 405 Schedule 13 – Principles on Biodiversity Offsets 409 Schedule 14 – Marine and Coastal Area (Takutai Moana) Act 2011 411 Schedule 15 – Offshore Islands 415 Part Seven: Planning Maps for the Regional Coastal Environment Plan 417 BAY OF PLENTY REGIONAL COUNCIL TOI MOANA vii Outstanding Appeals 30 October 2018 Outstanding Appeals There are two outstanding appeals these are: • ONFL 5 – Matakana Barrier Arm • Marine Spatial Planning Once decisions have been released the plan will be updated to give effect to the Environment Court decision. BAY OF PLENTY REGIONAL COUNCIL TOI MOANA ix Purpose, content, planning framework 30 October 2018 Part One Purpose, content, planning framework 1 Introduction This regional plan may be cited as the Bay of Plenty Regional Coastal Environment Plan. It has been prepared by the Regional Council. This Plan incorporates the Regional Coastal Plan required by section 64 of the Resource Management Act 1991 (the RMA). Section 3.1 defines the geographic coverage of this Plan. 2 Purpose The purpose of this Plan is to enable Regional Council to promote the sustainable management of the natural and physical resources of the Bay of Plenty coastal environment. The specific objectives of the Plan are set out in Part 2. Nothing in this Plan removes the need for all people to fully comply with the provisions of all other statutes, regulations, plans, bylaws and any other legal requirements that are relevant to activities being undertaken or proposed to be undertaken in the coastal marine area.
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