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Chapter 9 - Natural and Cultural Heritage

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Chapter 9 - Natural and Cultural Heritage Chapter 9 - Natural and Cultural Heritage STAGE 3 - PROPOSAL FOR COUNCIL FINAL APPROVAL CHAPTER 9 NATURAL AND CULTURAL HERITAGE Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage 1. Rules within this chapter which have immediate legal effect at the time of public notification are shown in blue. The rules relating to biodiversity and ecosystems shown in blue, have immediate legal effect to the extent that they protect significant indigenous vegetation and/or significant habitats of indigenous fauna, and Sites of Ecological Significance identified in Appendix 9.1.4.1. The rules that apply to areas that have not been identified as a Site of Ecological Significance will not have immediate effect. DRAFT 1 Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage 9.1 Indigenous Biodiversity and Ecosystems 9.1.1 Objectives and policies 9.1.1.1 Objective - Indigenous Biodiversity and Ecosystems a. Indigenous biodiversity is maintained and enhanced and areas of significant indigenous vegetation and significant habitats of indigenous fauna are identified and protected. 9.1.1.1.1 Policy - Identification of ecological significance a. Protect areas of indigenous biodiversity as sites of ecological significance where they have been identified and assessed as meeting at least one of the significance criteria in Policy 9.3.1 and Appendix 3 of the Canterbury Regional Policy Statement b. Where areas are not identified in the schedule of sites of ecological significance, work with landowners, Ngāi Tahu, Department of Conservation and other stakeholders to identify, assess and protect areas of indigenous biodiversity that are of significance 9.1.1.1.2 Policy -Land management a. Avoid subdivision, use and development in sites of ecological significance where removal of indigenous vegetation and disturbance of habitats results in a loss of indigenous biodiversity and values of the site b. Enable the clearance of identified indigenous vegetation types and habitats outside of sites of ecological significance only where: i. an ecological assessment for significance has been undertaken in accordance with the criteria in Policy 9.3.1 and Appendix 3 of the Canterbury Regional Policy Statement; ii. any significant values are protected and adverse effects on these values are avoided; and iii. indigenous biodiversity and cultural values can be maintained and enhanced. c. Enable land management activities that maintain and enhance indigenous biodiversity including: i. planting with appropriate indigenous species; and ii. the removal or management of pest plant and animal species and for biosecurity works; and iii. clearance of indigenous vegetation to maintain tracks, fencing and improved pasture, and park management. 9.1.1.1.3 Policy - Cultural heritage and customary rights a. Ngāi Tahu manawhenua cultural heritage values associated with indigenous biodiversity are maintained and enhanced through: i. enabling customary harvesting and gathering compatible with Policy 9.1.1.1.1 and 9.1.1.1.2b; and ii. non-regulatory incentives and assistance. 9.1.1.1.4 Policy - Incentives and assistance to maintain and enhance indigenous biodiversity a. Encourage landowners, the community and Ngāi Tahu to take an active role in maintaining and enhancing indigenous biodiversityDRAFT by: i. promoting the use of covenants, reserves, management plans and community initiatives; and ii. providing a landowner support package with advice and guidance for sites assessed as significant in accordance with Policy 9.1.1.1.1a and 9.1.1.1.2b 9.1.1.1.5 Policy - Offsetting 2 Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage a. Offsetting will only be considered where: i. it has been demonstrated that significant adverse effects on indigenous biodiversity from the development have been avoided in the first instance, minimised when total avoidance is impracticable, remedied where this is not possible and finally mitigated; ii. the offset demonstrates that it can achieve no net loss or preferably a net gain for indigenous biodiversity; and iii. the offset is consistent with the framework detailed in Appendix 9.1.4.5. 9.1.2 Rules - Indigenous biodiversity and ecosystems 9.1.2.1 How to use the rules 9.1.2.1.1 These rules apply to Sites of Ecological Significance identified on the planning maps, listed in the schedule in Appendix 9.1.4.1, and shown on the reference maps in Appendix 9.1.4.2 and 9.1.4.3. 9.1.2.1.2 The rules that apply to Sites of Ecological Significance are contained in the Activity Status Tables (including Activity Specific Standards) in Rule 9.1.2. 9.1.2.1.3 The rules shown in blue text have immediate legal effect where they relate to areas of significant indigenous vegetation and significant habitats of indigenous fauna, in particular Sites of Ecological Significance in Appendix 9.1.4.1. 9.1.2.1.4 The rules contained in the Activity Status Tables (including Activity Specific Standards) in Rule 9.1.2 also apply to clearance of indigenous vegetation outside of the schedule of the Sites of Ecological Significance. Where the rules refer to ecological districts, reference should be made to Appendix 9.1.4.4. 9.1.2.1.5 The activities listed are also subject to compliance with standards specified elsewhere in the Plan for that activity in zone specific chapters and the following chapters (where relevant): 5 Natural Hazards; 6 General Rules and Procedures; 7 Transport; 8 Subdivision, Development and Earthworks; 9 Natural and Cultural Heritage; 11 Utilities, Energy and Infrastructure; 12 Hazardous Substances and Contaminated Land; and 19 DRAFTCoastal. 3 Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage 9.1.2.2 Activity Status Tables 9.1.2.2.1 Permitted activities The activities listed below are permitted activities if they comply with the Activity Specific Standards set out in this table Activities may also be restricted discretionary, discretionary, or non-complying as specified in Rules 9.1.2.2.3, 9.1.2.2.4 and 9.1.2.2.5 below. Activity Activity Specific Standard P1 Indigenous vegetation clearance within a. Any indigenous vegetation clearance a Site of Ecological Significance shall be limited to: i. within 1m of an existing track; ii. maintenance and erection of fencing; iii. maintenance of existing fire ponds; iv. the removal of diseased vegetation; v. removal or targeted spraying of pest plants or removal of pest animals in accordance with the Biosecurity Act 1993; vi. grazing where the site has been used for grazing on or within 12 months prior to 25 July 2015; and vii. Park management activities in any Open Space Zone P2 Indigenous vegetation clearance on the a. Except as provided for in b. below Low Plains Ecological District and not there shall be no clearance of any within a Site of Ecological Significance naturally occurring indigenous vegetation. b. Any indigenous vegetation clearance shall be limited to: i. within 1m of an existing track; ii. maintenance and erection of fencing; iii. maintenance of existing fire ponds; iv. the removal of diseased vegetation; DRAFTv. removal or targeted spraying of pest plants or removal of pest animals in accordance with the Biosecurity Act 1993; and vi. Park management activities in any Open Space Zone 4 Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage P3 Indigenous vegetation clearance on a. Any indigenous vegetation clearance Banks Peninsula and the Port Hills and shall be limited to: not within a Site of Ecological i. vegetation not identified in Significance Rule 9.1.2.2.4 D2; ii. clearance undertaken on an area of improved pasture for pastoral farming existing at 25 July 2015; iii. within 1m of an existing track; iv. maintenance and erection of fencing; v. maintenance of existing fire ponds; vi. the removal of diseased vegetation; vii. removal or targeted spraying of pest plants or removal of pest animals in accordance with the Biosecurity Act 1993; and viii. Park management activities in any Open Space Zone P4 Planting and seed gathering within a a. Planting shall be with indigenous Site of Ecological Significance or species sourced from within the vegetation identified in Rule 9.1.2.2.4 relevant ecological district. D2 Note - ecological districts are identified in Appendix 9.1.4.4. P5 Customary harvesting excluding felling a. Any customary harvesting shall be of trees limited to the Open Space Zone. 9.1.2.2.2 Controlled activities There are no controlled activities 9.1.2.2.3 Restricted Discretionary activities The activities listed below are Restricted Discretionary activities. Discretion to grant or decline consent and impose conditions is restricted to the matters of discretion set out in the following table. Any resource consent application will not require written approvals and shall not be publicly or limited notified. DRAFT Activity The Council’s discretion shall be limited to the following matters: 5 Printed 29 June 2015 Chapter 9 - Natural and Cultural Heritage RD1 Any activity not complying with Rule a. Planting and customary harvesting - 9.1.2.2.1 P4 9.1.3.1 RD2 Any activity not complying with Rule a. Planting and customary 9.1.2.2.1 P5 harvesting - 9.1.3.1 9.1.2.2.4 Discretionary activities The activities listed below are discretionary activities. Activity D1 Indigenous vegetation clearance that does not meet one or more of the Activity Specific Standards in Rule 9.1.2.2.1 P2 or P3 D2 Indigenous vegetation clearance of: i. a contiguous area of any of the following: a. 0.1ha or more of regenerating podocarp/hardwood forest, beech forest, mixed hardwood, broadleaved forest or scrub; b. 0.25ha or more of kanuka (Kunzea robusta) in the Port Hill Ecological District where any individual kanuka plants are 2m or greater in height; c.
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