Policy workstreams Craig Mallett Miriam Eagle

Outline of presentation Update on RMA Reforms: Phase II NPSs and other initiatives

RMA Reforms Phase I First 90 days: commitment to bring forward reform Led to Resource Management (Streamlining and Simplifying) Act 2009 Removed roadblocks and improved processes

RM reform is an ongoing programme 2009 2010 2011 2012 Phase I reforms Implementation Phase II reforms* Phase II New start for freshwater (Phase I) Aquaculture Environmental Protection Authority Urban and infrastructure Improving Māori participation Exclusive Economic Zone * Note other issues have also been grouped under RM Phase II

Key elements of RM Reform – Phase II Complex issues unable to be addressed quickly in Phase I RMA not fundamentally broken – RM II reforms within the RMA ‘effects-based’ framework Least cost delivery of good environmental outcomes Reform programme progressing at different speeds Will continue beyond 2011

Status of key elements of Phase II reforms Workstream Scope Status Relevant Legislation Fresh Start for Freshwater Improved freshwater management NPS and new funding announced Ongoing policy work LAWF process resumed Resource Management Act 1991 Environmental Protection Authority Establishment of environmental agency Crown entity from 1 July 2011 Environmental Protection Authority Act 2011 Aquaculture Sustainable development and management of aquaculture within the coastal marine area The Bill passed its second reading on 17 May 2011. Aquaculture Legislation Amendment Bill (No 3) Urban and infrastructure Urban and infrastructure planning under RMA including spatial planning Policy process ongoing – decision due March 2012 May 2011 Cabinet paper available on MfE website Local Government (Auckland) Act 2009 Exclusive Economic Zone Addresses gaps in the environmental management regime in the Exclusive Economic Zone (EEZ) and extended continental shelf (ECS). The Bill is currently being drafted and will be introduced into the House later in the year. New legislation

Urban and infrastructure Successful cities, regions need an efficient, effective and integrated planning system to support investment in infrastructure and development Scope of work includes: Role of spatial planning and links to RMA NPS Urban Development and addressing planning practice issues Increasing central government direction in resource management, tools for addressing practice issues across urban planning, and improving the approvals processes for infrastructure projects

Other RMII work Collaborative processes Maori participation Conservation Act interface Building Act interface

Aquaculture Support aquaculture to unleash economic potential Legislative, regulatory and non-regulatory reforms. The Aquaculture Amendment Act (No 3): removes the requirement that aquaculture activities take place only within Aquaculture Management Areas streamlines aquaculture planning and consenting processes enables the Minister responsible for aquaculture to proactively allocate space for aquaculture delivers the Treaty Settlement manages the transition of existing / frozen applications

Exclusive Economic Zone Manage environmental effects of activities in EEZ Covers seabed mining, some aspects of petroleum activities, energy generation, carbon capture and storage, marine farming, and bio-discovery General duty for adverse effects to be avoided, remedied, or mitigated Balance economic and environmental considerations in decision-making Use a rules and consents framework to regulate activities - activities will be classified as permitted, discretionary, or prohibited Consent applications will include an impact assessment statement identifying environmental impacts, and impacts on other interests Public submissions on consent applications Environmental Protection Authority responsibility for making consent decisions.

Fresh Start for Fresh Water Improve quality and allocation of water for better environmental and economic outcomes Phase 1: Land & Water Forum; Iwi leaders; Officials 53 recommendations to improve freshwater management Government’s initial response: National Policy Statement for Freshwater Management Clean up Fund - NZ$265M total fund; including $15m in new contestable fund Irrigation Fund - NZ$35M Phase 2: Further policy Governance arrangements and supporting tools to set limits Achieving freshwater objectives and limits Allocating efficiently

Greater Central Government direction - National Policy Statements NPS for Renewable Electricity Generation NPS for Freshwater Management Proposed NPS on Indigenous Biodiversity

Freshwater Management NPS Forms part of wider RMII Reforms Took effect on 1 July Workshops held in July and August Implementation guidance being prepared

NPS for Renewable Electricity Generation Announced by Minister 12 April Two matters of national significance 90% electricity generation from renewable energy sources by 2025 Implementation guidance Monitoring evaluation & review Supporting measures

Proposed NPS for Indigenous Biodiversity Alternate Process Public consultation 29 January – 2 May 17 public consultation and council meetings 326 submissions Ministry preparing summary of submissions and advice for Minister Wai 262

Emissions Trading Scheme Review Required under Climate Change Response Act 2002 Review panel reported to the Minister in June Considered ETS’s operation, effectiveness and how it should evolve beyond 2012 Key recommendations to slow down entry of energy, transport, industrial and agricultural sectors