Ernslaw One Limited PO Box 36 Tapanui West Otago

25th February 2013 Southland District Council PO Box 903 Invercargill 9840 [email protected]

Dear Sir/Madam Submission – Southland District Council Proposed District Plan 2012

Ernslaw One Limited (EOL) owns 4 rating units in Southland District totalling 8,600 ha. This area is predominantly planted in Douglas fir plantation from which clear felling is not likely to begin until at least 2035. We are grateful for the opportunity to submit on this proposed district plan (PDP) however we are disappointed of the way our sector has been treated in this proposed plan. In general, EOL support the non-regulatory methods outlined in the proposed Southland District Plan. However, the proposed plan, via the formulation of a number of new rules pertaining to forestry activities, has the effect of forcing our industry into an unjustifiably punitive and expensive consenting regime. The effect of adopting this plan will be to jeopardise both existing investment and new plantation forest development. Therefore Ernslaw one Limited can only conditionally support the adoption of this PDP. In general, we strongly recommend that the SDC avoid duplication of policy with existing regulations. For example (sec2.5) largely duplicates the regulations already contained within the Historic Places Act. To adopt this policy would dramatically increase the costs of compliance without improving protection of these sites. Likewise the adoption of Rule RURAL2. (sec 2d) Sediment Control matters should be left to the regional plan and not duplicated in the District Plan. EOL strongly urge the SDC to endorse Good Practice in forestry, being defined as conformance with Rules and Guidelines in NZFOA Environmental Code of Practice (2007) http://www.nzfoa.org.nz/file-libraries-a-resources/cat_view/27-codes-of-practice and as such align policy with this document. For Earthworks (tracking and roading) we seek that SDC endorse the engineering standards and guidance in the New Zealand Forest Road Engineering Manual (released in July 2012). www.nzfoa.org.nz/file-libraries-a-resources/doc_download/484-nz-forest-road- engineering-manual-2012 We recommend that SDC further promote up-skilling of the rural earthworks contracting industry by adopting standards set in the associated forestry operators manual www.nzfoa.org.nz/file-libraries-a-resources/doc_download/512-nz-forest-road-engineering- manual-operators-guide

EOL request that that SDC align the Proposed District Plan provisions with MfE’s proposed Forestry NES (2011 revision). www.mfe.govt.nz/laws/standards/forestry/index.html This includes proposed standards and regulations for boundary setbacks, riparian management (5m plant & replant setbacks on permanently flowing streams), and managing wilding confider spread EOL strongly object to the imposition of further financial contributions for road upgrading activity as proposed in section 2.14. We note that our industry already contributes to road maintenance and upgrading through Road user charges and specifically to SDC through the existing targeted roading rate which is the largest proportion of our annual rates bill. EOL object to a consenting regime for forestry activities based on Controlled Activity for any activity other than earthworks or new land planting. Instead we propose a restricted discretionary consenting regime for rural earthworks, including forestry tracking and roading, only on land with a Moderate, High or Very High risk erosion susceptibility in the Southland district as mapped by MfE (appendix 1) www.mfe.govt.nz/laws/standards/forestry/south.pdf We submit that this aligns well with (22.1) Policy RURAL.9 which states that “earthworks should be managed through the implementation of a robust methodology and supervision procedures”. We propose that the earthworks area and volume limits in Rule RURAL 1.8(a) be amended as follows; area: 2,500 m2; cut volume 2,500 m3 / 12 month period. This would allow for log landings to be created as a Permitted Activity on all but highly erodible land. EOL submit SDC delay adopting the 2012 District plan until Council planners engage with planners from neighbouring Districts and convene a collaborative forum with Southern Wood Council members ( including SDC’s own Forestry operation) to create and align Plan provisions that seeks to drive economic growth through plantation forestry, while imposing uniform robust defensible Permitted Activity Terms and Conditions . We respectfully consider that Murray Brass of Clutha District Council would ably lead this engagement.

We request that we be given the right to appear in our own right or in conjunction with other submitters over, but not restricted to the above sections;

Yours faithfully,

Mark Dean Forestry Planer, Ernslaw One Limited. Appendix 1. Proposed NES Plantation Forestry - activity statuses

Afforestation Replanting Mechanical land Harvesting Pruning and Earthworks Quarrying River Crossings preparation thinning to (setbacks cannot waste trigger deforestation liability under NZ ETS in pre- 1990 forests)

Green zone Permitted Permitted Permitted Permitted Permitted Permitted Permitted (subject to (subject to (subject to (subject to (subject to (subject to (subject to

conditions) but conditions), else conditions), else conditions) , else conditions) conditions), else conditions), else default RD*# default RD* default RD* Default: RD* default RD* default to RD Default: RD*

Yellow zone Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted (subject to (subject to (subject to (subject to (subject to (subject to (subject to (subject to

conditions), else conditions), else conditions), else conditions) but conditions), else conditions) conditions) but conditions), else default default default default Restricted Default: default default to Default: Restricted Restricted Restricted discretionary * Restricted Restricted Restricted Restricted discretionary *# discretionary * discretionary * discretionary * discretionary * discretionary discretionary *

Orange zone Permitted Permitted Permitted with Permitted Permitted Permitted up to Permitted Permitted activity (subject (subject to the exception of (subject to (subject to a de minimus (subject to (subject to

to conditions), conditions) but deep downhill conditions) but conditions) amount conditions), else conditions), else else Controlled default ripping or giant default Restricted (250m3). default default to Defaults: (District Plan Restricted discing on slopes discretionary * Restricted Restricted Restricted provisions) and discretionary * greater than 20 discretionary * discretionary discretionary * degrees Above this Restricted discretionary Restricted (Regional Plans) discretionary

Restricted discretionary for deep downhill ripping or giant discing on slopes greater than 20 degrees.

Red zone Permitted Permitted Permitted with Permitted Permitted Permitted up to Permitted Permitted activity (subject activity (subject the exception of (subject to (subject to a de minimus (subject to (subject to

to conditions), to conditions), deep downhill conditions), else conditions) amount (50m3). conditions) up to conditions) but else default else default ripping or giant Restricted 50 m3 default to Defaults: Restricted Restricted discing on slopes discretionary* Restricted Restricted discretionary *# discretionary greater than 20 Above this discretionary discretionary * degrees. Restricted Restricted discretionary discretionary (>50 m3) Restricted discretionary for

deep downhill ripping or giant discing on slopes greater than 20 degrees.

KEY: * restricted discretionary with non-notification provision, except default to full discretionary if archaeological conditions are not met. #The default is restricted discretionary if the wilding calculator score is between 12 and 16 and prohibited if the wilding calculator score is 16 or greater.

Terms and conditions Proposed terms and conditions considered for the CBA were sourced from the information booklet on the revised proposal dated May 2011 Link:http://www.mfe.govt.nz/publications/rma/proposed-nes-plantation-forestry/index.html#update