Request for change to Regional Freshwater Plan
On 6 September 2010, the NZ Transport Agency (NZTA) lodged a request to the Environmental Protection Authority (EPA) for a change to the Wellington Regional Freshwater Plan. The request, developed in consultation with the Greater Wellington Regional Council, Porirua City Council, Department of Conservation and local iwi, sought to modify the Plan so as to provide a clear approach to the process of managing environmental effects in streams and rivers of the construction and operation of Transmission Gully.
The Wellington Regional Freshwater Plan became operative on 17 December 1999 and applies to all types of activities that use freshwater or that are in the beds of rivers and lakes (excluding freshwater in the coastal marine area). It applies when making Resource Management determinations on those activities. The Plan identifies issues to be addressed so that fresh water resources can be sustainably managed. It is one of a series of regional plans for the Wellington Region prepared by the Greater Wellington Regional Council under the Resource Management Act (RMA) 1991.
The Wellington Regional Freshwater Plan applies to all types of activities that use freshwater or that are in the beds of rivers and lakes. Activities covered by the plan include:
- Discharges to fresh water
- The taking, using, damming, or diverting of fresh water
- Building and modifying structures in river and lake beds
- Disturbing river and lake beds
- Introducing plants to river and lake beds
- Depositing substances on river and lake beds
- Reclaiming or draining river and lake beds
- Development on the flood plain
- Flood mitigation
On the Transmission Gully project, a number of stream crossings and diversions (including reclamation) will be needed. The request for a plan change was designed to assist the consideration of resource consent applications under the Wellington Regional Freshwater Plan. The plan change request provided better clarity in relation to the process for avoiding, remedying, mitigating or offsetting effects as they relate to streams traversed by the Transmission Gully project including those listed in Appendix 2 of the Wellington Regional Freshwater Plan.
On 10 September 2010, the Minister for the Environment, having had regard to all the relevant factors, including those set out in section 142(3) of the Resource Management Act 1991, considered that the request from the New Zealand Transport Agency (NZTA) for changes to the Greater Wellington Regional Freshwater Plan is part of a proposal of national significance and, therefore, directed that the matter be referred to a Board of Inquiry for determination.
A Board of Inquiry hearing was held on the request in July 2011 and the Board announced its final decision on 10 October 2011. Details of the final decision can be accessed on http://www.epa.govt.nz/Resource-management/tgpc/Pages/Final-report-and-decision.aspx.
Detailed information on NZTA's request for a plan change to the Regional Freshwater Plan
- EPA Transmission Gully plan change request (external link)
- Final decision on Transmission Gully Plan Change request (external link)
