Consents and Regulatory Committee Agenda
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Consents and Regulatory Committee Tuesday 9 June 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 9 June 2015 commencing at 10.30am. Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving 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) 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 Notification of Late Items Item 1 Confirmation of Minutes – 28 April 2015 Page 1 Item 2 Resource consents issued under delegated authority Page 7 and applications in progress Item 3 Consent monitoring annual reports Page 26 Eight Separate Reports Item 4 Incident Register – 7 April 2015 to 22 May 2015 Page 25 Item 5 Enforcement Order granted – F J Mullan Page 64 Doc# 1517898-v1 Item 6 General Business Item 7 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 9 June 2015 for the following reason/s: Item 8 Confirmation of Confidential Minutes 28 April 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. 1 Agenda Memorandum Date 9 June 2015 Memorandum to Chairperson and Members Consents and Regulatory Committee Subject: Confirmation of Minutes – 28 April 2015 Item: 1 Approved by: G K Bedford, Director-Environment Quality B G Chamberlain, Chief Executive Document: 1517907 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 28 April 2015 at 10.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 19 May 2015. Matters arising Appendices Document #1500486 – Minutes Consents and Regulatory Committee Tuesday 28 April 2015 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 28 April 2015 at 10.30 am. Members Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving 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) R Phipps (Science Manager) Mrs V McKay (Science Manager) Mrs H Meintjes (Science Manager) Messrs R Ritchie (Communications Manager) P Ledingham (Communications Officer) S Tamarapa (Iwi Communications Officer) Mrs K van Gameren (Committee Administrator) Apologies There were no apologies. Notification of Late Items There were no late items of general business. 1. Confirmation of Minutes – 17 March 2015 Resolved THAT the Consents and Regulatory Committee of the Taranaki Regional Council 1. takes as read and confirms the minutes and confidential minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Doc# 1500486-v1 3 Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 17 March 2015 at 10.30 am 2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 7 April 2015. Horton/Maxwell Matters Arising There were no matters arising. 2. Resource consents issued under delegated authority and applications in progress 2.1 The Committee considered and discussed the memorandum advising of consents granted, consents under application and of consent processing actions since the last meeting of the Committee. 2.2 It was noted to the Committee that Karawhaka Poultry Limited have withdrawn their consent application (to discharge to air from a poultry farm) that was likely to result in a hearing. Recommended THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted under delegated authority. Lean/MacLeod 3. Hearing Committee report and decision – New Plymouth District Council 3.1 Councillor D L Lean, Hearing Chairperson, spoke to the memorandum to receive the report and decision of the Hearing Committee that heard an application by the New Plymouth District Council to discharge contaminants onto and into land and into air at the New Plymouth Wastewater Treatment Plan. The Hearing Committee (comprised of Councillor Lean, Councillor Joyce and Councillor Walker) met on 25 February 2015. Recommended THAT the Taranaki Regional Council 1. receives the report and decision of the Hearing Committee that heard an application by New Plymouth District Council to discharge contaminants onto and into land and into air at the New Plymouth Wastewater Treatment Plant on a contingency basis Consents and Regulatory Committee Meeting Tuesday 28 April 2015 4 2. notes that the Hearing Committee has, under delegated authority from this Council, granted the resource consent sought 3. notes that no appeals were received. Maxwell/MacLeod 4. Consent monitoring annual reports 4.1 Mr R Phipps, Science Manager, spoke to the memorandum outlining six tailored compliance monitoring reports covering (variously) the monitoring periods 2009-2015, and provided an overview on environmental performance and consent compliance from each report. 4.2 The Committee noted and discussed the Waitaha Catchment monitoring programme report. The water quality in the upper Waitaha catchment was being impacted by unconsented discharges through the stormwater systems making the identification of the source of discharge very difficult. The Council is continuing to extensively monitor the catchment, and in cooperation with the New Plymouth District Council (as consented reticulation owners), educating and engaging with potentially discharging industries who may be unaware of their environmental responsibilities. A tightening up on potentially unauthorised charges should, with time, improve water quality in the upper catchment. Recommended THAT the Taranaki Regional Council 1. receives the Trustpower Patea HEP Monitoring Programme Report 2011-2014 and adopts the specific recommendations therein 2. receives the Greymouth Petroleum Limited DWI monitoring programme report 2013-2014 and adopts the specific recommendations therein 3. receives the Greymouth Petroleum Limited Kowhai B Hydraulic Fracturing monitoring programme report 2012-2014 and adopts the specific recommendations therein 4. receives the Greymouth Petroleum Limited Kowhai C Hydraulic Fracturing monitoring programme report 2013-2015 and adopts the specific recommendations therein 5. receives the Todd Energy Limited Waitui/Mystone Wellsite monitoring programme report 2009-2014 and adopts the specific recommendations therein 6. receives the Waitaha Catchment monitoring programme report 2013-2014 and adopts the specific recommendations therein. Joyce/Irving 5. Incident Register – 27 February 2015 to 6 April 2015 Consents and Regulatory Committee Meeting Tuesday 28 April 2015 5 Councillor M P Joyce declared an interest in item 5 (Incident Register – 27 February 2015 to 6 April 2015), in particular matters pertaining to Whakahau Trust, and took no part in the discussion or recommendations. 5.1 The Committee received and noted the summary of the Council’s Incident Register for the period 27 February 2015 to 6 April 2015. 5.2 Mr B E Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered any questions. Recommended THAT the Taranaki Regional Council 1. receives the memorandum 2. receives the summary of the Incident Register for the period from 27 February 2015 to 6 April 2015 and adopts the recommendations therein. Cloke/Irving 6. Prosecution Sentencing Decision – F Mullan 6.1 Mr A D McLay, Director-Resource Management, spoke to the memorandum updating the Committee on the prosecution of Mr F Mullan for a breach of the Regional Fresh Water Plan for Taranaki. The sentencing notes from Judge C J Thompson (judgement 27 January 2015) were noted and discussed. 6.2 Mr McLay noted to the Committee that the Council has no prosecutions from unauthorised incidents in the dairy industry, either currently in process or pending, which is a very positive outcome for the sector and the environment. Recommended THAT the Taranaki Regional Council 1. receives the memorandum and notes the successful outcome of the prosecution against Mr F J Mullan. Cloke/Walker 7. General Business There were no matters of general business. 8. Public Excluded Consents and Regulatory Committee Meeting Tuesday 28 April 2015 6 In accordance with