Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 128
Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 128
Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 128
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No 128
House of Representatives
Amendment Paper
Resource Management (Freshwater and Other Matters) Amendment Bill
Proposed amendments
Hon Chris Bishop, in Committee, to move the following amendments:
New clause 21A
After clause 21(page 11, after line 28), insert:
21A Section 80A amended (Freshwater planning process)
(1)
In section 80A(4)(b), after “2027”
, insert “and comply with subsection 4A”
.
(2)
After section 80A(4), insert:
(4A)
If the purpose of the freshwater planning instrument is to give effect to the National Policy Statement for Freshwater Management 2020, a regional council must not publicly notify the freshwater planning instrument earlier than the sooner of the following dates:
(a)
the date on which a new national policy statement for freshwater management (replacing the National Policy Statement for Freshwater Management 2020) is published under section 54:
(b)
31 December 2025.
(4B)
However, see clause 40B of Schedule 12, which allows for an exemption from subsection (4A).
Schedule 1: new Part 7 of Schedule 12
In Schedule 1, new Part 7 of Schedule 12, after clause 40 (page 14, after line 26), insert:
40A Retrospective application of clause 40B and amendments to section 80A
Clause 40B of this schedule and the amendments to section 80A made by section 21A of the amendment Act apply on and from 22 October 2024 as if they were in force on and from that date.
40B Exemption from requirement to notify freshwater planning instrument no earlier than specified date
(1)
The Minister may, on written application by a regional council, exempt the council from the requirement to comply with section 80A(4A) in relation to all or part of the council’s draft freshwater planning instrument if the Minister is satisfied that the instrument or any part of the instrument—
(a)
is required to—
(i)
progress flood protection or flood remediation work; or
(ii)
prevent or mitigate risks from natural hazards; or
(iii)
progress housing development; or
(b)
relates to the provision, operation, or maintenance of—
(i)
regionally or nationally significant infrastructure, including large hydroelectric power schemes; or
(ii)
municipal drinking water, stormwater, or wastewater; or
(c)
is required to give effect to Treaty settlement obligations; or
(d)
is required, during the relevant period, to address any provisions in a plan or policy statement that—
(i)
have unintended consequences; or
(ii)
are unworkable or lead to inefficient outcomes; or
(e)
is required because of changes in a national direction or to this Act that occur during the relevant period; or
(f)
is required for any other reason the Minister considers appropriate.
(2)
When applying for an exemption, a regional council must—
(a)
include an up-to-date copy of the draft freshwater planning instrument that it intends to publicly notify; and
(b)
if applicable, identify the parts of the draft freshwater planning instrument for which the exemption is sought.
(3)
If the Minister decides to grant an exemption, they must give written notice of the decision to the regional council and, if applicable, specify the relevant parts of the draft freshwater planning instrument that are exempted.
(4)
If the Minister decides not to grant an exemption, they must give written notice to the regional council of the decision and include reasons.
(5)
In this clause,—
national direction has the meaning given in section 80B(3)
relevant period means the period starting on 22 October 2024 and ending on the sooner of the following dates:
(a)
the date on which a new national policy statement for freshwater management (replacing the National Policy Statement for Freshwater Management 2020) is published under section 54:
(b)
31 December 2025
Treaty settlement obligations has the meaning given in section 9 of the Urban Development Act 2020.
Explanatory note
This Amendment Paper amends the Resource Management (Freshwater and Other Matters) Amendment Bill (the Bill) by inserting new clause 21A and related transitional provisions. Section 80A of the Resource Management Act 1991 (the Act) sets out the process that must be followed by a regional council when preparing a freshwater planning instrument (for example, a plan or policy statement) to give effect to a national policy statement for freshwater management.
Section 80A(4) of the Act requires a regional council that has prepared a freshwater planning instrument to give effect to the National Policy Statement for Freshwater Management 2020 to publicly notify the instrument by 31 December 2027. New clause 21A amends section 80A(4) and adds new section 80A(4A). The effect of those amendments is to prohibit regional councils from publicly notifying the instrument earlier than the sooner of the following dates:
the date on which a new national policy statement for freshwater management (replacing the National Policy Statement for Freshwater Management 2020) is published under section 54 of the Act:
31 December 2025.
However, a regional council may apply to the Minister for the Environment for an exemption under new clause 40B of Schedule 12 of the Act. The Minister may grant the exemption on one of the grounds set out in new clause 40B(1).
New clause 40B and the amendments made by new clause 21A take effect on and from 22 October 2024, which means a regional council must comply with new section 80A(4A) on and from that date.
Departmental disclosure statement
The Ministry for the Environment is required to prepare a disclosure statement to assist with the scrutiny of this Amendment Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=ap&subtype=government&year=2024&no=128&
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Resource Management (Freshwater and Other Matters) Amendment Bill - Amendment paper No 128
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