Regulatory update
Welcome to another edition of our newsletter from the Regulatory group. The Regulatory group includes the Consents, Compliance, Investigations, Harbourmaster and the Regulatory Systems and Data teams.
The aim of this newsletter is to provide you with information on the work that the Regulatory team at ORC is undertaking, to introduce you to our staff and to provide updates on changes to process and interpretations.
You are receiving this newsletter as you regularly interact with the Regulatory Group. This newsletter is just one of the ways that we are looking at providing more information to you as a customer of ours. Each issue has updates from the teams and will focus on key themes.
In this issue we focus on:
- Recent case law of interest to consent processing
- Intensive Winter Grazing
- Update to Plan Change 8 to the Regional Plan Water
- Dairy monitoring programme
- Consent applications for agricultural intensification under the NES-FW
- Process improvements
- Water update
- Regulatory Data and Systems
Recent case law of interest to consent processing
On 18 March 2022, the High Court issued its decision for Clutha District Council v Otago Regional Council [2022] NZHC 510 (Decision). The High Court dismissed the appeal all grounds and found there were no errors of law.
Intensive Winter Grazing
An update on the consents and compliance approach for intensive winter grazing for the upcoming season in light of Plan Change 8.
Update to Plan Change 8 to the Regional Plan Water
In January 2022 the Environment Court released its decision on the rural provisions of the rules notified as part of Plan Change 8 to the Regional Plan Water. These rules are not yet formally operative, as they have not been to Council for formal adoption.
Consent applications for agricultural intensification under the NES-FW
Agricultural intensification can lead to higher levels of nutrients, sediment and microbial contamination in our rivers, lakes, wetlands and groundwater. The Essential Freshwater package aims to limit this contamination by requiring resource consent for various land use and discharge activities.
Process improvements
The Consents Team has been working to steadily implement process improvements behind the scenes and make changes to levels of service and communication.
Dairy monitoring programme
The dairy inspection compliance programme will continue for 2022/23 season. ORC compliance team will inspect dairy properties go determine whether farms comply with permitted activity rules, including effluent management, farm landfills, offal pits and silage.
A focus of the 2022/23 dairy monitoring programme will include information gathering on whether farms comply with the new rules and engaging with farmers on the new requirements with the NES for Freshwater, the Stock Exclusion Regulations, Water Measuring Regulations and Plan Changes 7 and 8.
Compliance monitoring of any consents issued will be in line with the ORC Operational Compliance Programme, and frequency of audits based on risk assessments.
Water update
Thank you all for your continued positive engagement and open communication as it comes to progressing the deemed permit applications. Some of the applicants are requesting reruns with additional years of data or checks of data and we will be filling those requests in April/early May, as they arise. We are continuing to receive amendments and to recommence processing of the applications.
In terms of water guidance, the new practice notes are now available on our website (supplementary takes, environmental effects considerations for damming/diversions, FAQs for PC 7 and PC 7 and groundwater). They can be found here. We have also made some updates to existing practice notes so they reflect current practice (technical advice for applying for a consent to take and use water, legal advice for consent processing).
Regulatory Data and Systems
Updated Water Meter Regulations
As most of you will be aware the Water Metering Regulations were updated in 2020 to include a requirement for telemetry. Takes over 20 l/s are required to have telemetry installed with a data transfer to the Council set up by 3 September 2022. Exemptions to the regulations are possible but they need to be applied for on an annual basis. If you’re unsure whether the regulations apply to you or think you may need an exemption, then please contact watermetering@orc.govt.nz.
Hilltop Server and Aquarius
ORC have now completely moved to Aquarius for all Regulatory work and are in the process of constructing thousands of Consent Dashboards summarising the environmental data and associated conditions of each consent. As part of the move to Aquarius, ORC's Hilltop and Hilltop Server will eventually be decommissioned. If you’re a regular user of Hilltop Server now might be a good time to make contact to discuss new ways to access the information you need. The Council’s Environmental Data are best placed to help with this - you can email them at hydrodatarequests@orc.govt.nz.
Next issue
The next issue of this newsletter will be in August 2022, but we will put out a special issue in advance of this if needed.
If you have questions about anything in this newsletter please get in touch with us by emailing public.enquiries@orc.govt.nz or call 0800 474 082.
Otago Regional Council
Private Bag 1954, Dunedin, Otago 9054, New Zealand
