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Acmty31 100907 RMO 7 September 2010

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Acmty31 100907 RMO 7 September 2010 The Chairman and Councillors Regulation Monitoring & Operations Committee NOTICE IS GIVEN that the next meeting of the Regulation Monitoring & Operations Committee will be held in Council Meeting Room One, Environment Bay of Plenty, 5 Quay Street, Whakatane on: EMBARGOED Until 2 working days before meeting on: Tuesday, 7 September 2010 commencing at 9.30 a.m. Bill Bayfield Chief Executive 31 August 2010 A509201 A509201 Regulation Monitoring and Operations Committee – Terms of Reference Purpose • To implement Council’s regional plans. • To implement all Council policy, developed under the Resource Management Act 1991. • To regulate and monitor the use, development and protection of the Bay of Plenty’s natural and physical resources. • To oversee scientific investigations of natural resource management issues. • To oversee Council’s river and drainage schemes and scheme assets. • To oversee navigation safety and oil pollution response in the Bay of Plenty. • To guide the development of regional parks. Roles 1 To develop and review all Council operational policy, plans and strategies. 2 To implement and monitor operational activities specified in Council policy documents, including but not limited to: • The Regional Pest Management Strategy. • Asset management plans. • The Rotorua Lakes Protection and Restoration Action Programme. • The Environmental Enhancement Fund, including the allocation of funding. • Small scale sewage reticulation subsidy scheme. • Civil defence emergency management responsibilities, as a member of the Bay of Plenty Civil Defence Emergency Management Group. • Regional parks, including the preparation and implementation of park management plans. • Land for purchase for regional park purposes. • The development, review and implementation (but not adoption) of bylaws to deliver Council policy. • Council’s Tier II Response Plan for oil pollution incidents. • Council’s participation in care group activities. • Biodiversity and environmental programmes with private owners. 3 To develop, review and implement Council’s monitoring and investigation programmes for natural resources in the Bay of Plenty. 4 To monitor the state of the environment. A509201 5 To oversee Council’s regulatory functions under the Resource Management Act 1991 (including processing applications for resource consent), the Local Government Act 1974 and 2002, the Maritime Transport Act 1974, the Biosecurity Act 1993 and any other statute relating to Council functions and all related bylaws and regulations. 6 To develop, review and implement Council’s compliance monitoring programme. 7 To implement Council’s responses to National Environmental Standards. 8 To implement Council’s environmental response function. 9 To approve enforcement action under all statues and bylaws that relate to Council’s roles and responsibilities, including resource management and navigation safety. 10 To implement Council’s contaminated sites programme. Delegated Authority (a) Authority to delegate to any subcommittee of the Regulation, Monitoring and Investigation Operations Committee, any authorities that have been delegated by Council to the Committee and to appoint members. (b) Authority for the governance of all statutory functions, powers and duties within its terms of reference. (c) Authority to develop and review policy within the Committee’s terms of reference provided that the policy is in line with Council’s Ten Year Plan and Annual Plan. (d) Authority to develop and review bylaws such as the Bay of Plenty Regional Council Floodway and Drainage Bylaw 2002 and maritime navigation and safety bylaws. (e) Authority to submit for approval to the Maritime Safety Authority the Tier II Response Plan for oil pollution incidents. (f) Authority to implement Council’s civil defence emergency management responsibilities as a member of the Bay of Plenty Civil Defence Emergency Management Group. (g) Authority to enter into environmental programmes with private landowners, in accordance with the Policy on Partnerships with the Private Sector. (h) Authority to approve funding allocations from the Environmental Enhancement Fund and to enforce Fund contract conditions. (i) Authority to develop and adopt regional park management plans and to make decisions on the operational management of Council’s regional parks in accordance with regional park management plans. (j) Authority to adopt and review asset management plans for Council’s river and drainage schemes. (k) Authority to adopt and review operational policy, plans and strategies. (l) Authority to carry out hearings under any statute for areas within its Terms of Reference (including the Local Government Act 1974 and 2002, Biosecurity Act 1993 and the Resource Management Act 1991) through subcommittees or hearings panels and to appoint members. (m) Authority to exercise all Council’s duties, functions and powers for determining resource consent applications. Page 4 of 69 A509201 (n) Authority to make and/or approve submissions on behalf of the Council in relation to consent applications. (o) Authority to exercise all of Council’s regulatory functions and to make decisions on enforcement action under the Resource Management Act 1991 and the Local Government Act 1974 and 2002, the Maritime Transport Act 1974, the Biosecurity Act 1993 and any other statute relating to Council’s functions and all related bylaws and regulations. (p) Authority, within its terms of reference, to approve the transfer of budget levels between activities or to exceed the budget level for an activity with no commensurate savings elsewhere, up to $100,000 and to recommend to Council amounts exceeding $100,000. (q) Authority to enter into contracts on matters within its terms of reference to a maximum value of $700,000 (excluding GST) for any one contract, provided that the exercise of this power shall be subject to and within the allocation of funds set aside for that purpose in the Ten Year Plan or Annual Plan or as otherwise specifically approved by Council. Page 5 of 69 A509201 A509201 Public Forum Council’s Standing Orders include the provision for a public forum to be held at the beginning of its meetings. The agreed process is as follows: 1. A period of up to 15 minutes shall be set aside near the beginning of the meeting to enable members of the public to make statements about any matter on the agenda of that meeting which is open to the public, but excluding any matter on which comment could prejudice any specified statutory process the council is required to follow. 2. The time allowed for each speaker will normally be up to 5 minutes but will be up to the discretion of the chair. A maximum of 3 public participants will be allowed per meeting. 3. No statements by public participants to the Council shall be allowed unless a written, electronic or oral application has been received by the Chief Executive (Governance Team) by 12.00 noon of the working day prior to the meeting and the Chair’s approval has subsequently been obtained. The application shall include the following: name of participant; organisation represented (if any); meeting at which they wish to participate; and matter on the agenda to be addressed. 4. Members of the meeting may put questions to any public participants, relevant to the matter being raised through the chair. Any questions must be asked and answered within the time period given to a public participant. The chair shall determine the number of questions. 5. Where a member of the public has specialist knowledge of a matter on the agenda the chair may invite public participants to engage in discussion of that matter at the time of consideration of the agenda item by the committee. Page 6 of 69 A509201 A509201 Committee Membership Chairman: M Whitaker Deputy Chairman: K Summerhays Councillors: T Eru, J Mansell, T Marr, I Noble, N Oppatt Ex Officio: Chairman J Cronin Secretary: S Cubbon Recommendations in reports are not to be construed as Council policy until adopted by Council. Agenda 1 Apologies 2 General Business and Tabled Items Items not on the agenda for the meeting require a resolution under section 46A of the Local Government Official Information and Meetings Act 1987 stating the reasons why the item was not on the agenda and why it cannot be delayed until a subsequent meeting. 3 Reports 3.1 Ballance Farm Environment Awards 11 Presentation from Trust members 3.2 Environmental Enhancement Fund Decisions 2010/2011 Annual Funding Round 15 3.3 Update on Lake Rotom ā Action Plan 19 'Update on Lake Rotom ā Action Plan' 3.4 Ohiwa Harbour Strategy Implementation Progress 21 3.5 Quarterly Consents Update Report 27 3.6 Review of progress with Feral Goat Management in the Eastern Bay of Plenty 33 Figure 1 Feral Goat management units Summary of goat management progress A509201 3.7 August 2010 Flood Event 37 Valley Rd - Wharf Hydrographs 3.8 Schedule of Complaints and Enforcement Activities: 1 April 2010 to 30 June 2010 43 3.9 Earthworks Compliance Monitoring Report: 2009/2010 season 49 3.10 Report on Wastewater Treatment Plants in the region 59 3.11 Appointment and Powers of Navigation and Safety Enforcement Officers and Honorary Enforcement Officers. 75 3.12 Group Managers' Report 80 4 Consideration of General Business Page 8 of 69 A509201 Reports Page 9 of 69 A509201 A509201 File Reference: 5.00044 Significance of Decision: Receives Only - No Decisions Report To: Regulation Monitoring & Operations Committee Meeting Date: 7 September 2010 Report From: Warwick Murray, Group Manager Land Management Ballance Farm Environment Awards Executive Summary This report is a brief summary of the Ballance Farm Environment Award programme. The Ballance Farm Environment Award Management Committee will make a presentation in support. 1 Recommendations That the Regulation Monitoring & Operations Committee under its delegated authority: 1 Receives the report, Ballance Farm Environment Awards. 2 Background The Farm Environment Awards have existed nationally since 1993. In 2004, The New Zealand Farm Environment Award Trust was established. The Trust's core business is promoting sustainable environmental management of land; one of the ways it does this is to implement the Ballance Farm Environment Awards.
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