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: Wednesday, 5 May 2010 commencing at 10.30 a.m. A field trip for members to view River Scheme works in Matata and Edgecumbe will take place immediately prior to this meeting. Bill Bayfield Chief Executive 27 April 2010 A445458 A445458 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. A445458 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 39 A445458 (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 39 A445458 A445458 Committee Membership Chairman: M Whitaker Deputy Chairman: K Summerhays Councillors: Councillor 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 Improving the Groundwater Monitoring Network 11 3.2 NERMN Air monitoring 2010 15 Environmental Publication 2010 05 NERMN Air Monitoring 2010 report (A440229) 3.3 Schedule of Complaints and Enforcement Activities: 1 January 2010 to 31 March 2010 19 3.4 Quarterly Consents Update Report 25 3.5 Group Managers Report 29 4 Consideration of General Business A445458 A445458 Reports Page 9 of 39 A445458 A445458 File Reference: 4.01026 Significance of Decision: Low Report To: Regulation Monitoring & Operations Committee Meeting Date: 5 May 2010 Report From: Eddie Grogan, Group Manager Water Management Improving the Groundwater Monitoring Network Executive Summary Groundwater levels and chemistry are currently monitored as part of our NERMN Programme. As water demand increases in the Bay of Plenty we can expect that the need for robust science on groundwater will also increase. In anticipation of this a review and reassessment of the groundwater monitoring programme was undertaken during 2009. The key outcome of this review is that more groundwater monitoring sites are needed across the region. This report summarises the recommended monitoring and gives indicative installation costs over the next three years. 1 Recommendations That the Regulation Monitoring & Operations Committee under its delegated authority: 1 Receives the report, Improving the Groundwater Monitoring Network. 2 Confirms that the significance of the decision has been assessed as LOW, and under Section 79 of the Local Government Act 2002 (LGA) confirms that in light of the level of significance of the decision it does not require: (a) Further identification and assessment of different options under section 77 LGA; (b) Further investigation or consideration of community views under section 78 LGA; (c) Any further written record of the manner in which section 77 and section 78 matters have been addressed. 2 Introduction Under the current Statement of Proposal for Section 36 Charges Council has proposed to increase the Regional Monitoring/Impact charges for holders of consents to take water. It is envisaged that this additional funding would be used to improve our monitoring of groundwater and groundwater recharge. This report summarises the monitoring improvements that are proposed over the next three years. 3 Groundwater monitoring 3.1 Overview The ability to monitor pressure (or water level) and water quality changes over time is fundamental to managing and understanding groundwater systems. This data along 11 A445458 Improving the Groundwater Monitoring Network with information on rainfall recharge rates helps us to improve the science on groundwater allocation by; • refining the existing groundwater models, • improving mass water balance calculations, and • determining aquifer properties