COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020

Schedule 19 Kōpū Marine Precinct

cl 5

Schedule 19: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

Project referred to expert consenting panel

Heading: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

1 Name of project

The name of the project is the Kōpū Marine Precinct (the project).

Schedule 19 clause 1: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

2 Authorised person

The authorised person for the project is Thames-Coromandel District Council.

Schedule 19 clause 2: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

3 Description of project

(1)

The scope of the project is to develop a marine precinct at the existing boat ramp at Kōpū, Thames.

(2)

The development will include—

(a)

a commercial wharf and pontoon; and

(b)

a commercial slipway; and

(c)

a commercial haulage access area; and

(d)

a public recreational boat ramp and parking area; and

(e)

a wider road over the stopbank at the southern end of Quay Street, Thames; and

(f)

a new access road (an extension of King Street, Thames).

Schedule 19 clause 3: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

4 Description of activities involved in project

(1)

The project involves works such as the following:

(a)

works to clear exotic and indigenous vegetation from land and from the coastal marine area:

(b)

earthworks on land, including works in an area that has a high risk of erosion:

(c)

works that will disturb contaminated soils:

(d)

works that will deposit material on land and in a modified water course:

(e)

works that will deposit clean fill—

(i)

in an area that has a high risk of erosion:

(ii)

in the flood-plain of a river:

(f)

works to upgrade or replace existing facilities and structures in the project area, including within the coastal marine area:

(g)

works to construct new structures on, and to remove old piles from, land and the coastal marine area:

(h)

works to form a new road, parking areas, and associated infrastructure:

(i)

works to divert and discharge stormwater and contaminants onto land:

(j)

any other works that are—

(i)

associated with the works described in paragraphs (a) to (i); and

(ii)

within the scope of the project as described in clause 3 of this schedule.

(2)

In this schedule,—

common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

erosion has the meaning given in section 2(1) of the Earthquake Commission Act 1993.

Schedule 19 clause 4: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

Schedule 19 clause 4(2) coastal marine area: revoked, on 13 August 2021, by clause 14 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 8) 2021 (LI 2021/208).

5 Approximate geographical location

(1)

The project’s works will occur on—

(a)

Part Section 3, Block VIII, Thames Survey District on SO 45311 and SP Plan 46978; and

(b)

Part Section 3, Block VII, Thames Survey District, below the mean high water springs in the coastal marine area; and

(c)

the following unformed legal roads shown on SO plan 45311:

(i)

Kōpū Quay, Thames:

(ii)

King Street, Thames between Queen St and Kōpū Quay:

(iii)

Quay Street, Thames (also known as Kōpū Road); and

(d)

parts of the Waihou River and riverbed that lie in both the coastal marine area and the common marine and coastal area.

(2)

That land includes—

(a)

accretion land between the unformed road (Kōpū Quay) and the Waihou River (as shown on SO 45311); and

(b)

freehold land, and the coastal water above it, in the coastal marine area that is not part of the common marine and coastal area.

Schedule 19 clause 5: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

6 Further information to be submitted

The following information must be submitted to the panel with any consent application or notice of requirement relating to the project (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

an integrated transport assessment of the impact of the project on the project area and the surrounding transport network; and

(b)

an assessment of the impact of the project on the landscape and visual values in the project area; and

(c)

a soil investigation that reports on the impact of the project on any land contamination within the project area; and

(d)

an assessment of—

(i)

the effect of the project on coastal processes; and

(ii)

the integrity and performance of the Waikato Regional Council’s Waihou flood protection scheme, which must include an assessment of—

(A)

the hydrological impact of the project and the associated risk of blocking the flood protection scheme; and

(B)

the safety risks to the users of the Hauraki Rail Trail and occupiers and users of areas adjacent to the project area; and

(e)

an assessment of any effects that could in future result from climate change and sea-level rise, including consideration of the Waikato Regional Council’s Infrastructure Strategy 2018–2067 (June 2018) and the Sustainable infrastructure decision making framework (30 September 2020); and

(f)

a biosecurity report for the project; and

(g)

an ecological assessment, including an assessment of the effects of the project on avifauna; and

(h)

independent peer reviews by suitably qualified and experienced persons of the information described in paragraphs (d) to (g).

Schedule 19 clause 6: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

7 Persons who must be invited to comment on project

An expert consenting panel must invite comments on any consent application or notice of requirement relating to the project from the following persons in addition to the persons listed in clause 17(6) of Schedule 6 of the Act:

(a)

representatives of Matai Whetū Marae; and

(b)

the New Zealand Transport Agency; and

(c)

the Hauraki Gulf Forum established under section 16 of the Hauraki Gulf Marine Park Act 2000.

Schedule 19 clause 7: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

8 No further provision required

No further provision is necessary to give effect to decisions made by the Minister for the Environment and the Acting Minister of Conservation under section 24 of the Act in respect of the project.

Schedule 19 clause 8: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

Statement of reasons

Heading: inserted, on 18 June 2021, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 6) 2021 (LI 2021/152).

This statement of reasons is published for the purposes of clause 4 of Schedule 3 of the Act

The Minister for the Environment and the Acting Minister of Conservation have jointly accepted this application for referral. The Ministers considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and sought and considered written comments from the relevant Ministers, local authorities, and the New Zealand Transport Agency. The Ministers accepted the application for the following reasons:

  • the project will help to achieve the purpose of the Act; and

  • the project will generate employment by providing—

    • up to 78 new direct full-time equivalent (FTE) jobs during the design and construction stages of the project; and

    • approximately 30 indirect FTE jobs in marine servicing; and

  • the project will provide infrastructure to improve economic outcomes for the marine farming industry (including the productive potential and economy of the Kōpū industrial area and the wider marine servicing industry), which was affected by COVID-19 due to difficulties in factory processing and exporting, particularly for mussel products, the majority of which are exported overseas; and

  • the project will have a positive effect on social well-being by providing employment, economic benefits, and fit-for-purpose facilities for commercial and recreational users of the marine precinct; and

  • the project will progress faster under the Act than would otherwise be the case under the Resource Management Act 1991 standard processes; and

  • any adverse effects that arise from the application, and any mitigation measures, can be tested by an expert consenting panel against Part 2 of the Resource Management Act 1991 and the purpose of the Act.