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Decision Report Proposed Regional Air Plan Decision Report 1 Introduction This decision report considers the submissions received on Environment Southland’s Proposed Regional Air Plan 2014 (PRAP). In making its decision Council has: (a) been assisted by a Section 42A report prepared and peer reviewed by Council staff; (b) had regard to matters raised by submitters and further submitters in their submissions, further submissions, and at the Council hearing; (c) had regard to legal aspects clarified by the Council’s Legal Counsel, Mr Barry Slowley; and (d) had regard to the provisions of section 32 of the Resource Management Act 1991. The appendix to this decision report (Appendix Two) sets out the changes to the PRAP made in the Decision. These are shown as “tracked changes” in the appendix (i.e. additions are underlined while deletions are struck through). Abbreviations used throughout this decision report are located in Section 1.2 of this report. Background: Submitters and further submitters were notified on 19 May 2015 that the section 42A report for the Proposed Regional Air Plan 2014 (PRAP) was available on the Environment Southland website, or alternatively as a hardcopy upon request. Date of Hearing: Tuesday, 2 June 2015 Wednesday, 3 June 2015 Monday, 15 June 2015 Tuesday, 16 June 2015 Wednesday, 17 June 2015 Thursday, 18 June 2015 Date of Deliberations: Wednesday, 24 June 2015 Monday, 13 July 2015 Tuesday, 25 August 2015 Hearing Committee: Mr J Iseli (Chair) Mrs M Johnstone Cr R Cockburn Cr P Jones Cr M Rodway Staff in Attendance: Mr G Gilder (Resource Planner) Mr D Richardson (Principal Planner) Mr O West (Air Quality Scientist) Mr B Slowley (Council Legal Counsel) Mrs T McCann (Communications Co-ordinator) Mrs K Harper (Office Support Secretary) File Reference: A210609 PRAP Decision Report Page 1 Evidence Presented at the Hearing In person: Barry Slowley (legal submission) Gore District Council Mary-Jane Thomas representing members of Gore & Districts Senior Citizens Club and individuals Graeme Humphries Juliet Humphries John McIntyre Allistair & Ann Meikle Allan Katon Allan Thomas Sally McIntyre Ernie Wilson Gore and District Budget Advisory Service Brian Bennett for Marjory Bennett John Gardyne Helen Highsted John Barnett Yvonne Bannerman John Bannerman Stephen Mitchell Peter Shand Jeff Walker (and on behalf of Caroline Corkhill) Rayners Fonterra Co-operative Group Limited Barry Douglas Jon Havenaar Southland District Council Southland Farm Forestry Association Grant Meyer Southern Rural Fire Authority NZ Fire Service Commission Straterra Bathurst Resources Ltd James Pirie Debbie McKenzie Chris Henderson Venture Southland Jenny Campbell Philip McCallum Noel Bonisch for Diana and Noel Bonisch Peter Brown Nathan Surendran Pauline Blee, Allan Blee and Kathleen Mason Steven Olde-Olthof and Sharon Thomas Gore District Council (in response to Hearing Committee questions) Federated Farmers of NZ Invercargill City Council Zella Downing speaking on behalf of Tim Jones Department of Conservation for Director-General of Conservation Murray Blackadder File Reference: A210609 PRAP Decision Report Page 2 Tabled evidence: Mitre 10 Mega Invercargill Ravensdown Fertiliser Co-operative Ltd The Fertiliser Association of NZ Julie Anderson June Todd Allan and Denise Sadlier Airways Corporation of NZ Ltd Transpower New Zealand Ltd Alliance Group Ltd Ministry of Education Horticulture New Zealand NZ Agricultural Aviation Association 1.1 Structure of the report During the submission period 796 submissions and 23 further submissions were received. The submissions addressed a large number of matters in the PRAP and associated Section 32 Report. The submissions and further submissions to the PRAP have been assessed by the Hearing Committee but given the number of submissions, individual analysis and responses have not been considered as an effective approach to this report. Instead, the key issues throughout the submissions and the hearing evidence have been responded to under the provisions to which they relate, or identified and responded to in the general analysis section of the report. Section 2 of this report presents the evaluation of submissions along with the technical and planning evidence considered by the Hearing Committee. Appendix One of this report contains a Table showing whether a submission point has been accepted, accepted in part or rejected as a consequence of these recommendations. Accept in part means that only part of the decision requested in that submission has been accepted. References in the table direct the submitter to the part(s) of the analysis relevant to their submission. Appendix Two of this report sets out the changes to the PRAP made in the Decision. These are shown as “tracked changes” in the appendix (i.e. additions are underlined while deletions are struck through). Appendix Three of this report is a clean version (underlining removed and struck through provisions deleted) of the changes to the PRAP made in the Decision. Appendix Four of this report is the Section 32 Evaluation Report. 1.2 Abbreviations The following abbreviations are used throughout this Decision report: HSNO Act Hazardous Substances and New Organisms Act 1996 NES National Environmental Standard NESAQ National Environmental Standards for Air Quality 2011 PM10 Particulate matter less than 10 microns in diameter PRAP Proposed Regional Air Plan 2014 RAQPS Regional Air Quality Plan for Southland (1999) RMA Resource Management Act 1991 RPS Proposed Southland Regional Policy Statement 2012 File Reference: A210609 PRAP Decision Report Page 3 Note: Abbreviations for submitters and further submitters are presented in the Index of Submitters and Further Submitters which accompanies this Decision report. 1.3 Summary of key themes Section 15 of the RMA regulates the discharge of contaminants to air. In summary no person may: discharge contaminants to air from an industrial or trade premise, unless expressly allowed by a national environmental standard (NES), or other regulation, a rule in a regional plan, or by resource consent. discharge in a manner that contravenes an NES unless expressly allowed by other regulation, resource consent, or section 20A discharge in a manner that contravenes a rule in a regional plan unless the discharge is expressly allowed by an NES, resource consent or section 20A. To allow that range of matters to be considered within the region, an Air Plan is required to manage those discharges. National Environmental Standards are technical environmental regulations which must be complied with. The National Environmental Standards for Air Quality (NESAQ) sets out a range of baseline standards that regional councils are expected to monitor and seek compliance on in relation to air. The NESAQ sets minimum requirements for outdoor air quality to provide a set level of protection for human health and the health of the environment. To achieve this, a standard for PM10 (particulate matter less than 10 microns in diameter), which is the measure to deliver clean healthy air for all New Zealanders has been set. The NESAQ requires that airsheds with greater than 10 exceedances per year of PM10 (in Southland’s case, Invercargill) must be reduced to meet three exceedances per year by 2016 and one per year by 2020. Airsheds with less than 10 exceedances per year (in Southland’s case, Gore) must meet one exceedance by 2016. Domestic home heating rules in the PRAP focus largely on reducing PM10 concentrations in ambient (outdoor) air to achieve compliance with National Environmental Standards for Air Quality (NESAQ) in the Invercargill and Gore airsheds and to ensure domestic home heating does not result in localised air quality problems. Outdoor burning rules focus on minimising localised health and nuisance effects regionally, with stricter rules in the Invercargill and Gore airsheds to reduce contributions of this source to ambient PM10 concentrations during the winter months, when breaches of the NESAQ occur. Agrichemical spray drift has the potential for localised adverse effects on non-target species. Rules have been proposed to minimise the effects of spray drift onto non-target species. New rules for domestic home heating, outdoor burning, the application of agrichemicals and fertilisers, and fire training have been developed as Stage 1 of a review of the Regional Air Quality Plan for Southland (1999). All other discharges to air (such as industrial and commercial discharges) will be reviewed in Stage 2. File Reference: A210609 PRAP Decision Report Page 4 2 Analysis of Submissions The submissions have been grouped and responded to under each provision of the PRAP. However, a number of key issues were identified by submissions and these have been responded to in Section 2.1 of this report. 2.1 General submissions The submissions received on the PRAP have identified a number of key issues. This section of the report outlines those key issues, the submitters concerns or comments, and Council decision. 2.1.1 Procedural issues Submitters have raised some procedural concerns about the PRAP. Some of these concerns include the amount of consultation undertaken, clarification around the staging of the Plan, the use of prohibited activity statuses, information provided on the Council website, timing of the RPS process and existing use rights. The decision on the RPS was released during the hearing process. The objectives and policies of the RPS have been taken into account and the Council is confident that the Plan is consistent with the RPS. Council
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