Resource Management (National Environmental Standards for Plantation Forestry) Amendment Regulations 2018

2018/63

Coat of Arms of New Zealand

Resource Management (National Environmental Standards for Plantation Forestry) Amendment Regulations 2018

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 24th day of April 2018

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 44(3) of the Resource Management Act 1991—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for the Environment.

Regulations

1 Title

These regulations are the Resource Management (National Environmental Standards for Plantation Forestry) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 1 May 2018.

3 Principal regulations

These regulations amend the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (the principal regulations).

4 Regulation 3 amended (Interpretation)

(1)

In regulation 3(1), definition of papakāinga, after “within the meaning”, insert “of”.

(2)

In regulation 3(1), insert in its appropriate alphabetical order:

existing river crossing—

(a)

means a river crossing that was operational and able to be used at the commencement of these regulations; and

(b)

includes a river crossing described in paragraph (a) that is used and maintained; but

(c)

does not include a river crossing—

(i)

that is described in paragraph (a) that is upgraded, removed, or replaced in accordance with these regulations; or

(ii)

that is a ford or a temporary river crossing

5 Regulation 6 amended (Plan rules may be more stringent than these regulations)

In regulation 6(1)(a), replace “a freshwater” with “an”.

6 Regulation 11 amended (Permitted activity condition: wilding tree risk and control)

In regulation 11(5), replace “must be removed” with “resulting from the afforestation activity must be eradicated”.

7 Regulation 16 amended (Restricted discretionary activity)

After regulation 16(2), insert:

Relevant local authority for afforestation within significant natural area or outstanding natural feature or landscape

(3)

If the land proposed for afforestation is within a significant natural area or an outstanding natural feature or landscape, a resource consent for the activity is required from the local authority that has identified that area, feature, or landscape within its plan or policy statement.

8 Regulation 24 amended (Permitted activity: regional council)

(1)

In regulation 24(1), replace “subclause (2), (3), or (4)” with “subclause (2)”.

(2)

After regulation 24(2), insert:

(2A)

Earthworks referred to in subclauses (3) and (4) are exempted from the requirements in subclause (2)(c) and (d) and are a permitted activity if regulations 25 to 33 are complied with.

9 Regulation 25 amended (Permitted activity conditions: notice)

Replace regulation 25(3) with:

(3)

The council may request a copy of the forestry earthworks management plan and a copy must be given within 5 working days of the date by which the plan must be in place in accordance with regulation 27(2)(c) or (d).

10 Regulation 35 amended (Restricted discretionary activity: regional council)

Replace regulation 35(2)(c) with:

(c)

any zone where the earthworks are the maintenance and upgrade of existing earthworks and exceed the threshold in regulation 24(3); and

(d)

any zone where the earthworks are for forestry road widening or realignment and exceed the thresholds and standards in regulation 24(4); and

(e)

any area where the land is undefined in the erosion susceptibility classification.

11 Regulation 37 amended (Permitted activity: regional council)

After regulation 37(2), insert:

(3)

Using or maintaining an existing river crossing is a permitted activity if regulations 39 to 42 are complied with.

12 Regulation 45 amended (Permitted activity condition: flow calculations)

In regulation 45(1)(c), replace “Estimation of Mean Annual Flood in New Zealand” with “Comparison of a regional method for estimating design floods with two rainfall-based methods”.

13 Regulation 48 amended (Restricted discretionary activity: regional council)

After regulation 48(1), insert:

(1A)

Using or maintaining an existing river crossing is a restricted discretionary activity if any provision of regulations 39 to 42 is not complied with.

14 Regulation 52 amended (Permitted activity conditions: notice)

Replace regulation 52(3) with:

(3)

The council may request a copy of the quarry erosion and sediment management plan, and the copy must be given within 5 working days of the date by which the plan must be in place in accordance with regulation 59(3).

15 Regulation 79 amended (Permitted activity conditions: wilding tree risk and control)

Replace regulation 79(6) with:

(6)

Wilding conifers established in wetlands and significant natural areas must be eradicated—

(a)

before replanting begins, if the wilding conifer has resulted from the previous harvest:

(b)

at least every 5 years after replanting, if the wilding conifer has resulted from the replanting.

16 Regulation 86 amended (Permitted activity conditions: inspection and clearance)

In regulation 86(1)(b), replace “20 working days of” with “within 20 working days following”.

17 Regulation 93 amended (Permitted activity: territorial authority)

(1)

In regulation 93(1), replace “subclause (2), (3), or (4)” with “subclause (2) or (3)”.

(2)

Replace regulation 93(4) with:

(4)

Incidental damage is a permitted activity and may occur in an area that is within or adjacent to any plantation forest, including a riparian zone.

(3)

Replace regulation 93(5)(a) with:

(a)

damage where the ecosystem will recover to a state where, within 36 months of the damage occurring, it will be predominantly of the composition previously found at that location; or

(4)

Replace regulation 93(5)(c) with:

(c)

if it occurs in a significant natural area, damage that—

(i)

does not significantly affect the values of that significant natural area; and

(ii)

allows the ecosystem to recover as specified in paragraph (a).

18 Schedule 2 amended

In Schedule 2, replace item 5 with:

5“Comparison of a regional method for estimating design floods with two rainfall-based methods”. McKerchar, A. I. and Macky, G. H. 2001. Journal of Hydrology (NZ) 40(2): 129–138

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 May 2018, make minor and technical amendments to the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (the principal regulations). The principal regulations also come into force on 1 May 2018.

The amendments include—

  • aligning the reference in regulation 6 of the principal regulations to the objectives of the National Policy Statement for Freshwater Management:

  • clarifying regulation 16 of the principal regulations to remove uncertainty as to which local authority a forester should seek consent from where afforestation is proposed within a significant natural area or an area of outstanding natural landscapes or features:

  • clarifying regulation 24 of the principal regulations to ensure that the maintenance and upgrading of existing earthworks, and earthworks for forestry road widening or realignment, are permitted activities as of right and exempted from the requirements that apply to other earthworks:

  • clarifying regulation 35 of the principal regulations to ensure that earthworks are a restricted discretionary activity in any zone where the earthworks are the maintenance and upgrade of existing earthworks and exceed the threshold in regulation 24(3), and in any zone where the earthworks are for forestry road widening or realignment and exceed the thresholds and standards in regulation 24(4):

  • clarifying regulations 37 and 48 of the principal regulations by providing that using or maintaining an existing river crossing is a permitted activity if regulations 39 to 42 are complied with, but is a restricted discretionary activity if any of those provisions is not complied with.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 April 2018.

These regulations are administered by the Ministry for Primary Industries.