Proposed Canterbury Land and Water Regional Plan Variation 1 Selwyn Te Waihora REPORT and RECOMMENDATIONS of HEARING COMMISSION
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Proposed Canterbury Land and Water Regional Plan Variation 1 Selwyn Te Waihora REPORT AND RECOMMENDATIONS OF HEARING COMMISSIONERS ADOPTED BY COUNCIL AS ITS DECISION ON 23 APRIL 2015 APPENDIX B PROPOSED VARIATION 1 INCLUSIVE OF RECOMMENDED AMENDMENTS Variation 1 to the Proposed Canterbury Land & Water Regional Plan NOTE: If in the unlikely event that the amended Variation differs from the recommendations in Appendix 1 then the Amended Variation prevails. Section 5 – Region-Wide Rule 5.69 The use and disturbance of the bed (including the banks) of a lake, river or a wetland by stock and any associated discharge to water that does not meet one or more of the conditions 2 to 4 of Rule 5.68, excluding Condition 1, and is not listed as a non-complying activity under Rule 5.70 or a prohibited activity under Rule 5.71 is a discretionary activity. 5.164 The introduction or planting of any plant, or the removal or disturbance of existing vegetation in, on or under the bed of a lake or river that does not comply with one or more of the conditions 1, 3 or 5 to 7 of Rule 5.163, excluding Conditions 2 and 4, is a restricted discretionary activity. The exercise of discretion is restricted to the following matter: 1. The actual and potential adverse environmental effects of not meeting the condition or conditions of Rule 5.163 [Amendments to Section 9 - Christchurch-West Melton] Add the following text to the introduction before Section 9.1 The West Melton Special Zone is a defined area where there is a high density of bores and has in the past seen significant groundwater development for irrigation. To protect bores used for domestic, stock water and community water supply from interference effects and impacts on reliability, the special management regime operating in this area since the early 1990s is formalised in this section of this Plan. The regime has two elements. First, restrictions are applied to groundwater abstractions in the West Melton, Yaldhurst and Weedons area when groundwater levels are low. The restrictions do not apply to water takes less than 10 m³ and takes for community water supply. Secondly, regional rules permitting the abstraction of between 10 m³ and 100 m³ per day of groundwater on properties greater than 20 ha without the need for resource consent do not extend to the West Melton Special Zone.1 [Add the following sub-section to Section 9] 9.1A Christchurch-West Melton Section Definitions For this sub-regional section of the Plan the following definitions apply in addition to the definitions contained in Section 2.9 .10. 2 Word Definition West Melton Special means that area bounded by Intake Road, Station Road, Hoskyns Road Zone through to Main South Road, Carmen Road, Russley Road, Ryans Road, Guys Road and a line 1,000 metres north of, and parallel to, the Old West Coast Road as shown on the Planning Maps.3 Halswell means the catchment area identified as the Halswell Catchment on the River/Huritini Planning Maps. Catchment 1V1pLWRP-888 - McIndoe 2 V1pLWRP-1386 - Horticulture NZ 3 V1pLWRP-894 - McIndoe [Add the following policy to Section 9.4] 9.4.8 Protect the reliability of groundwater takes for domestic and stock water use and community water supply in the West Melton Special Zone by requiring groundwater abstractions greater than 10 m3 per day to comply with the groundwater level restrictions in section 9.6.2.4 9.4.9 To prevent any increase in inundation of land in the Halswell River/Huritini Catchment, the discharge to surface water of any stormwater or drainage water5 in the Halswell River/Huritini Catchment that is not within an area covered by a consented stormwater management plan will require specific evaluation to ensure hydraulic neutrality, including of downstream flooding potential,6 through a resource consent process. [Add the following rules to Section 9.5] 9.5.10 Within Christchurch West Melton, Regional Rule 5.114 shall include the following additional condition: 1. The take is not within the West Melton Special Zone.7 9.5.11 Within Christchurch West Melton, Regional Rule 5.128 shall include the following additional condition: 1. Any take within the West Melton Special Zone complies with the groundwater level restrictions in section 9.6.2.8 9.5.12 The discharge of stormwater into a river, lake, wetland or artificial watercourse or onto or into land in circumstances where a contaminant may enter a river, lake, wetland or artificial watercourse in the Halswell River/Huritini Catchment that is not authorised by a consented stormwater management plan and the discharge did not occur before 5 December 2013, is a discretionary activity. Note: Regional Rules 5.76, 5.78, 5.79 and 5.80 apply in the Christchurch West-Melton sub-region. Rules 9.5.12A and 9.5.12B apply as additions to Regional Rules 5.75 and 5.77. 9.5.12A Within the Christchurch West-Melton sub-region Regional Rule 5.77 includes the following additional condition: 1. Any discharge that commences after 1 May 2015 is not within the Halswell River/Huritini Catchment9. 4 V1pLWRP-896 - McIndoe; V1pLWRP-769 – J Townshend 5 V1pLWRP-1585 - Halswell Drainage District Liaison Committee 6 V1pLWRP-1585 - Halswell Drainage District Liaison Committee 7 V1pLWRP-897 - McIndoe 8 V1pLWRP-898 - McIndoe 9 V1pLWRP-1040- Halswell Drainage District Liaison Committee 9.5.12B Within the Christchurch West-Melton sub-region Regional Rule 5.75 includes the following additional condition: 1. Any discharge that commences after 1 May 2015 is not within the Halswell River/Huritini Catchment. 10 Groundwater Level Restrictions in the West Melton Special Zone When groundwater levels fall below the specified water levels in the nominated monitoring bores the following reductions in the volume of water available for abstraction are to be applied to groundwater abstractions in the West Melton Special Zone. The restrictions do not apply to takes less than 10 m³ and takes for community water supply permitted under this Plan. Monitoring Topo 50 Map Sub- Depth to Water Below Measuring Point* Bore Reference zone Rate and Volume** Rate and Water Take Reduced by 33% Volume** Ceases Reduced 66% M35/1000 BX23:45121- WGA01 40.30 43.80 47.30 80372 M35/1110 BX23:59780- WGA02 17.55 19.05 20.45 81098 M35/1691 BX23:53532- WGA03 19.00 21.50 24.00 82027 M35/5696 BX23:49524- WGA04 27.74 28.24 28.64 79842 M36/0217 BX23:52919- WGA05 20.10 21.90 23.60 75261 * The Measuring Point is the reference point on the well where measurements are taken from as recorded in the Wells Database held by Canterbury Regional Council. ** The rate and volume to be reduced is that authorised by a resource consent11 10 V1pLWRP-1040- Halswell Drainage District Liaison Committee 11 V1pLWRP-899 - McIndoe [Amend Section 11 – Selwyn-Waihora as follows: Additions to the text are shown underlined or noted in the relevant text headings. Deletions to the text are shown strikethrough or noted in the relevant text headings.] 12 Section 11 – Selwyn –Te Waihora Sub-region The area covered by this section is shown on the map below. It includes the foothills catchment of the Waikirikiri/Selwyn River and its tributaries, the plains between the Waimakariri and Rakaia Rivers, the Selwyn and Halswell River/Huritinis, and a number of other lowland streams and ephemeral waterways of Banks Peninsula that flow into Te Waihora/Lake Ellesmere. Te Waihora/Lake Ellesmere is central to Ngāi Tahu values and culture. This section does not set flow and allocation regimes for the Rakaia and Waimakariri Rivers. These are contained in the National Water Conservation Order (Rakaia River) Order 1998198813 and the Waimakariri River Regional Plan. This section also does not apply to the taking and using of surface water from any section of the Rakaia River that is within the Little Rakaia Combined Surface and Groundwater Allocation Zone.14 12 V1pLWRP-362 - Nga Rūnanga and Te Rūnanga o Ngai Tahu, V1pLWRP-256 Te Taumutu Rūnanga 13 V1pLWRP-978 - Trust Power Limited 14V1pLWRP-973 - Trust Power Limited 9 The following sustainable water management priority outcomes have been identified by the Selwyn Waihora Zone Committee: • Thriving communities and sustainable economies. • High quality and secure supplies of drinking water. • Good practice nutrient and water management. • Kaitiakitanga is integrated into water management in the Zone. • Healthy lowland streams. • Te Waihora is a healthy ecosystem. • Hill-fed waterways support aquatic life and recreation. • Alpine rivers and high country values are protected. • Enhanced Indigenous Biodiversity across the Zone. Te Waihora/Lake Ellesmere is a tribal taonga for Ngāi Tahu. It has long been an abundant source of mahinga kai and is also known by the name Te Kete Ika a Rākaihautū, the fish basket of Rākaihautū. The outstanding cultural significance of Te Waihora/Lake Ellesmere is recognised in the Ngāi Tahu Claims Settlement Act 1998 and the National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990. Under the Ngāi Tahu Claims Settlement Act 1998, ownership of the lakebed of Te Waihora/Lake Ellesmere was returned to Te Rūnanga o Ngāi Tahu. This section of the Plan gives priority to the outstanding values of the lake and recognises the sensitivity of Te Waihora as a receiving environment, through the careful management of activities that have a direct influence on lake health, and the relationship of Ngāi Tahu with the lake. This enables Ngāi Tahu to more effectively exercise kaitiakitanga with regard to Te Waihora15. Te Waihora/Lake Ellesmere is also recognised as a nationally significant wetland for both wildlife and wildlife viewing.