Consents and Regulatory Committee Tuesday 30 August 2016 10.30am Taranaki Regional Council, Stratford Consents and Regulatory Committee Tuesday 30 August 2016 - Agenda Agenda for the meeting of the Consents and Regulatory Committee to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 30 August 2016 commencing at 10.30am. Members Councillor M J Cloke (Committee Chairperson) Councillor M G Davey Councillor P D Horton Councillor M A Irving Councillor M P Joyce Councillor R F H Maxwell Councillor N W Walker Councillor D L Lean (ex officio) Councillor D N MacLeod (ex officio) Apologies Notification of Late Items Item 1 Confirmation of Minutes - 26 July 2016 Item 2 Resource consents issued under delegated authority Item 3 Consent monitoring annual reports Item 4 Incident Register - 1 July 2016 to 7 August 2016 Item 5 General Business Item 6 Public Excluded 2 Consents and Regulatory Committee Tuesday 30 August 2016 - Confirmation of Minutes Agenda Memorandum Date 30 August 2016 Memorandum to Chairperson and Members Consents and Regulatory Committee Subject: Confirmation of Minutes – 26 July 2016 Item: 1 Approved by: G K Bedford, Director-Environment Quality B G Chamberlain, Chief Executive Document: 1733249 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 26 July 2016 at 10.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 16 August 2016. Matters arising Appendices Document #1718879 –Minutes Consents and Regulatory Committee Tuesday 26 July 2016 3 Consents and Regulatory Committee Tuesday 30 August 2016 - Confirmation of Minutes 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 26 July 2016 at 10.30am. Members Councillors M J Cloke (Committee Chairperson) M G Davey N W Walker D L Lean (ex officio) Attending Messrs 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) S Tamarapa (Iwi Communications Officer) R Phipps (Science Manager) Mrs V McKay (Science Manager) Ms H Meintjes (Science Manager) Mrs K van Gameren (Committee Administrator) Ms J Taylor (Digital Media Co-ordinator) Mr P Ledingham (Communications Officer) One Member of the media. Apologies The apologies from Councillor P D Horton, Councillor M A Irving, Councillor M P Joyce, Councillor D N MacLeod and Councillor R F H Maxwell were received and sustained. Notification of Late Items There were no late items of general business. 1. Confirmation of Minutes – 7 June 2016 Resolved 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 7 June 2016 at 10.30am Doc# 1718879-v1 4 Consents and Regulatory Committee Tuesday 30 August 2016 - Confirmation of Minutes 2. notes that the recommendations therein were adopted by the Taranaki Regional Council on 28 June 2016. Davey/Walker 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. 2.3 Mr C H McLellan, Consents Manager, provided an overview summary to the Committee on the main consent processing activities carried out by the Council in 2015/2016. 2.3 Councillor N W Walker sought discussion on the South Taranaki District Council’s consent relating to the coastal marine area of the Patea River mouth. The condition of the North and South moles (remaining structures of historical port) was discussed. The consent requires all the coastal marine structures to be fit for purpose and are monitored by Council staff annually. The consent holder (STDC) are aware of their maintenance responsibilities under the resource consent in relation to coastal structures. Recommended THAT the Taranaki Regional Council 1. receives the schedule of resource consents granted and other consent processing actions, made under delegated authority 2. notes the increased detail provided for compliant incidents 3. notes the end of year data summary and commentary 4. notes the Annual Plan performance targets were met. Walker/Davey 3. Consent monitoring annual reports 3.1 Ms H Meintjes, Science Manager, spoke to the memorandum and answered questions concerning two tailored compliance monitoring reports covering the monitoring period 2015-2016, and provided an overview on environmental performance and consent compliance from each report. Consents and Regulatory Committee Meeting Tuesday 26 July 2016 5 Consents and Regulatory Committee Tuesday 30 August 2016 - Confirmation of Minutes 3.2 The case study on W Abraham Limited (Abraham’s Funeral Home) was noted and discussed. It was advised that the air discharge consent does control what cannot be put into a casket before cremation and adequate controls are in place. Recommended THAT the Taranaki Regional Council 1. receives the 16-74 STDC Patea Beach Greenwaste 2015-2016 and adopts the specific recommendations therein 2. receives the 16-75 Value Timber Supplies Ltd Woodwaste Disposal 2015-2016 and adopts the specific recommendations therein. Cloke/Walker 4. Incident Register – 14 May 2016 to 30 June 2016 4.1 The Committee received and noted the summary of the Council’s Incident Register for the period 14 May 2016 to 30 June 2016. 4.2 Mr B E Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered questions concerning officer responses to non- compliances. Mr Pope provided an overview summary to the Committee on the main monitoring and enforcement activities carried out by the Council in 2015/2016 with comparative 2014/2015 data. Recommended THAT the Taranaki Regional Council 1. receives the memorandum 2. receives the summary of the Incident Register for the period from 14 May 2016 to 30 June 2016, notes the action taken by staff and adopts the recommendations therein 3. notes the end of year data summary and commentary 4. notes the Annual Plan performance targets were met. Cloke/Lean 5. District Council Transfer of RMA Powers for National Environmental Standard: Contaminated Soil to this Council 5.1 Mr A D McLay, Director-Resource Management, spoke to the memorandum to outline a New Plymouth District Council, Stratford District Council, South Taranaki District Council proposal to transfer functions relating to the Resource Management (National Environmental Standard for Assessing and Managing Contaminated Soil to Protect Consents and Regulatory Committee Meeting Tuesday 26 July 2016 6 Consents and Regulatory Committee Tuesday 30 August 2016 - Confirmation of Minutes Human Health) 2011 (NES) to the Taranaki Regional Council. This mainly concerns landfarming activities. Recommended THAT the Taranaki Regional Council 1. receives this memorandum on the proposal by District Council’s to transfer functions relating to the Resource Management (National Environmental Standard for Assessing and Managing Contaminated Soil to Protect Human Health) 2011 (NES) pursuant to section 33 of the Resource Management Act 1991 2. recommends that the Council agree, in accordance with section 33(4) of the Resource Management Act 1991, that the transfer is desirable on all of the following grounds: a) the Taranaki Regional Council represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty b) efficiency c) technical or special capability or expertise. 3. recommends that the Council agree in principle to the transfer of NES functions, powers and duties that relate to the activities of landfarming, mixed bury cover, surface application and similar contaminant remediation and such activities require discharge consent from Taranaki Regional Council under section 15 of the Resource Management Act (RMA) 4. notes that the actual transfer of functions will be made by agreement between the District Council’s and the Regional Council, on such exact terms and conditions as are yet to be agreed and can only occur once the District Council’s have carried out a special consultative procedure in relation to the transfer and served notice of the transfer proposal on the Minister for the Environment 5. notes that the transfer agreement will be the subject of a future memorandum 6. acknowledges that upon the transfer, the Council’s functions, powers and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function (section 33(7) RMA) 7. acknowledges that having transferred its functions, the District Council’s may change or revoke the transfer at any time by notice to the Taranaki Regional Council (section 33(8) RMA) and that the Taranaki Regional Council may relinquish the transfer in accordance with the transfer agreement (section 33(9) RMA). Lean/Walker 6. General Business There was no general business. Consents and