Use of Resource Management Act in New Zealand - Assignment Example

The Resource Management Act The Resource Management Act Introduction The Resource Management Act (RMA) of 1991 is one of the principal pieces of legislation that seeks to promote sustainable management of the environment including the natural and physical resources such as land, water, air and soil in New Zealand. In the past, little effort was undertaken to care for the environment and this resulted in significant damage to the forests, water ways, soils and air in the country. As a result, the introduction of the Resource Management act 1991 was particularly intended to promote sustainable management of the environment in a way that meets both the current and the future needs of our communities without affecting our environment (Harris, 2004).  The RMA advocates for the protection and development of the natural and physical resources in order to enable communities and individuals to provide for their social, cultural and economic wellbeing while safeguarding the life supporting capacity of the ecosystems and mitigating the potential adverse effects of their activities. According to Frieder (1997), the adoption of RMA was particularly significant in a number of reasons. For example, unlike the previous resource use regulations which were controlled by different agencies and sectors such as pollution, forestry and land use among others, the RMA act has provided an integrated framework for environmental and resource management. Another potential significance of the Resource Management Act is that it is the first statute in New Zealand to incorporate the principle of environmental sustainability and sustainable management as part of the regulatory framework. This is particularly based on the notion that sustainable management of our resources is critically important for the regulation of human activities on the environment. This paper critically discusses the use of New Zealand’s Resource Management Act as a tool for promoting sustainable management of the natural and physical resources of New Zealand. The Processes and Considerations Undertaken by Regional Councils When they Assess Resource Consents There are currently 12 regional councils in New Zealand. Generally, regional councils play some of the critical roles in the implementation of the Resource Management Act. During the assessment of the resource consents, regional councils often undertake a number of processes and considerations particularly the issuance of resource consents. The other roles of regional councils are preparation of regional plans and policy statements, carrying out enforcement actions and monitoring the actual state of the environment and the potential impact of their decisions under the provisions of the Resource Management Act (NZME, 2009). The figure below highlights the hierarchy involved in the implementation of the Resource Management Act. Fig 1: Resource Management Act Hierarchy: (Source: http://www.mfe.govt.nz/publications/rma/everyday/overview) The Resource Management Act particularly stipulates that certain use of natural resources require specific authorization through resource consent in order to ensure that the effects of such activities on the environment are sustainably managed (Frieder, 1997). A sustainable management implies managing the development, use, as well as protection of both natural and physical resources in a manner or at a pace that makes it possible for individuals or communities to offer their cultural, economic and social well being and for their safety and health. Additionally, sustainable management seeks to avoid all adverse impacts of resource use activities on an environment with support for the capabilities of the physical and natural resources. One of the major processes of regional councils when considering resource consent applications is to evaluate an assessment of environmental effects (AEE) carried out by the resource use companies(consent applicants). AEE which is generally similar to environmental impact assessment reports (NZME, 2009). For example, when considering a consent application by a new factory, the regional council is required under the RMA to assess the potential effects of the proposal on the neighboring residents, traffic volumes as well as its visual impact among others. Additionally, the regional council may also be expected to assess the potential effects of any discharges from the factory on the environment. In theory, such assessments normally involve looking into all the potential impacts of the proposed activity or resource utilization on the environment including the long term effects and with particular focus on sustainability. Generally, the Resource Management Act (RMA) forms part of the national or international statues, policies and strategies that are useful in setting the wider framework which governs the development and use of renewable energy resources within New Zealand (Frieder, 1997).When deciding whether to grant resource consent to applicants, the regional councils not only review the potential effects of the particular activities on the environment but also how they are likely to affect the ability of neighbors and other people in the locality to enjoy the environment. Frieder (1997) suggests that there are a number of factors that resource consent applicants should always take into consideration to enhance the success of their applications. For example, in order to guarantee their success, applicants must ensure that they include a comprehensive assessment of environmental effects (AEE). According to Harris (2004), an assessment of Environmental Effects (AEE) not only describes the environmental effects of the activity but also provides ways through which the effects can be mitigated. This makes it easier for the regional councils to consider the environmental issues related to their proposals thereby reducing the complexity of the process of granting resource consent. Additionally, the other important details that a resource application should have include a complete description of the proposal, site and locality. A written approval from the parties affected by the project may also further make the processing of resource application consent easier. How RMA promotes Sustainable Environmental Management of New Zealand Since its enactment in 1991, the Resource Management Act has promoted sustainable management of New Zealand’s natural and physical resources for a number of regions including Te Uku wind farm, the Fontera Tirau dairy factory as well as the Escarpment Mine Project among others. For example, being the principal environmental legislation in New Zealand, RMA has been widely used by the government as a vehicle to help in the delivery of superior environmental protection with improved economic efficiency and greater public accountability across all regions in New Zealand (Harris, 2004).  On the other hand, New Zealand environmental management agencies have been directly linked to the environmental protection and sustainability. These agencies provide a secure environment for buying, selling and subdividing the readily available recourses. Te Uku Wind Farm Te Uku wind farm is one of the projects where the Resource Management Act has been effectively applied to promote sustainable management of the natural and physical resources in the region. Situated in the Wharauroa Plateau, Waikato near Raglan, the wind farm project is currently regarded as one of the best examples of how New Zealand’s Resource Management Act has successfully helped in the promotion of sustainable management of the environment. For example, the resource consent of the project was awarded in 2008 after a successful assessment of environmental effects (AEE) which enabled the constructors to develop better ways of managing its potential environmental effects such as by optimizing the overall earthworks design. Although the location of the project was in close proximity to an ecologically sensitive wetland, the wind farm was able to get resource consent after the project team developed a number of sustainable designs and ways of overcoming environmental challenges such as protection of the soft alluvial sediments and volcanic ashes that are normally susceptible to soil erosion (WEL Networks, 2008). For example, the problem of soil erosion attributed to the disruption of soil sediments during the construction was successfully mitigated by developing high standards of sediment and erosion control. Additionally, as a sustainable resource, the wind farm project also offers a number of environmental benefits to the local community some of which include saving more than 150,000 tones of carbon emissions annually as compared to the use of traditional sources of energy in the region. On the other hand, the RMA consent process of Te Uku wind farm provided an effective means for the local community and the council to discuss the benefits and drawbacks associated with a proposal to determine if it is worthwhile allowing it to proceed along with the way to manage its effects (WEL Networks, 2008). Resource consent from appropriate regional and district councils can help the developers in building a wind farm since wind farming is treated as a discretionary task. Lastly, the consent authorities has the capability of exercising complete discretion as to whether there is need to consent to discretionary tasks and the conditions to pose in case the consent is granted. In case of consents needed from multiple councils, the regional councils will often go through the application together. Fonterra Tirau Dairy Factory The Foterra Tirau Dairy Factory is located in the Waikato region. The site primarily manufactures a number of dairy products some of which include lactalbumin, lactic casein and ethanol. Prior to the enactment of the Resource Management Act, there were a number of environmental concerns in Fonterra Tirau particularly with regard to its potential adverse environmental effects such as the impacts of the project on land use, spillage of harmful wastes from the factory into the water ways as well as the potential noise and odor pollution from the factory. However, according to (Fonterra, 2014), the application of the provisions of the Resource Management Act have significantly helped to provide alternative ways of mitigating some of these concerns thereby enhancing the sustainability of the Foterra Tirau Dairy Factory project. For example, the carrying out of a successful assessment of environmental effects (AEE) as provided for by the RMA enabled the stakeholders of the project to enhance their commitment to sustainable environmental management. Some of the factors that enabled the project to be successfully awarded a resource consent include its support for a number of sustainability initiatives such as carrying out regular environmental clean ups throughout the region, improved energy conservation and waste management mechanisms such as the installation of an Anaerobic Waste Treatment Facility at Tirau Casein Complex that produces biogas used to fuel some of the boilers in the factory. Lastly, the resource consent also required Fonterra Tirau Dairy processing project to lower its annual nitrogen discharge and this has further improved the environmental sustainability of the project. However, according to Environment Waikato (2010), water pollution within New Zealand continues to be a major concern for the regulatory and environmental bodies particularly in Waikato region. A hike in the number of dairy farms established inside the country bears some relationship with increased level of water pollution together with siltation which results from land clearance affecting bays, rivers and lakes. Escarpment Mine Project The Escarpment mine project is an opencast mine that is intended to be established on the Denniston Plateau in the West Coast of New Zealand’s South Island. Despite the potential economic benefits of the project, its resource consent process has already taken nearly 7 years (West Coast Environment Network, 2011). This is particularly attributed to the numerous environmental concerns as the mine would be one of the largest opencast coal mines in New Zealand second only to Stockton mine. The Resource Management Act has played a crucial role in highlighting some of the potential environmental issues that are likely to arise if the project is given resource consent. According to many experts, this is one of the major reasons there has been a delay in awarding resource consent to the project. In August 2011, Buller District Council and West Coast Regional Council awarded resource consents to Buller Coal Limited after a number of consultations with the stakeholders and an assessment of the potential environmental impacts of the project. However, the decision granting consents for the project was appealed in September 2011 by the West Coast Environmental Network based on the likely impacts of the project on the landscape, potential effects on climate change arising from coal carbon emissions as well as on the habitats of rare species in the region (West Coast Environment Network, 2011). Other than the risks that the climatic changes pose to landscapes and biodiversity all through the world, the mining exercise could have a diverse number of effects on the local populations. For example, Coal mining not only leads to great level of green house gas emissions increasing the perils of severe climatic change but may also present a wide range of health concerns on the locals. Consequently, many environmentalists and critics of the project have argued that the decision to award resource consent to the project in August 2011 did not comply with the requirements of the Resource Management Act nor did it consider the impact of coal on climate. Similarly, the Environmental Court decision implies that there is not any legislation to protect the citizens from dangerous coal mines such as Bathurst Resources’ Escarpment Mine Project, near Denniston on the West Coast. Although the Resource Management Act was primarily enacted to promote sustainable management of physical and natural resources, the present ruling excludes coal extraction and the resulting harmful impacts on the climate. Conclusion In conclusion, there are a number of ways through which the Resource Management Act has promoted the sustainable management of natural and physical resources in New Zealand. Apart from being the first statute in New Zealand to incorporate the principle of environmental sustainability and sustainable management as part of the regulatory framework, the success of the RMA in promoting environmental sustainability is attributed to the fact that unlike the previous resource use regimes which were largely fragmented between different agencies and sectors such as pollution, forestry and land use among others. In my opinion, the act has fairly succeeded in establishing a single integrated framework for environmental and resource management in New Zealand. References Environment Waikato. (2010). Stream and River Life 2010. Retrieved on May 12, 2014 from http://www.ew.govt.nz/ Environmental-information/Rivers-lakes-and-wetlands/healthyrivers/ Stream-and-river-life Fonterra Company Website. (2014). Official Company Website. Retrieved on May, 12 2014 from http://www.fonterra.com Frieder, J. (1997). Approaching Sustainability: Integrated Environmental Management and New Zealand’s Resource Management Act. Retrieved on May 15, 2014 from www.fulbright.org.nz/wp-content/uploads/.../axford1997_frieder.pdf Harris, R. (2004). Resource Management Act: Handbook of Environmental Law. Wellington: Royal Forest and Bird Protection Society of New Zealand. New Zealand Ministry of Environment. 2009. An Everyday Guide to the Resource Management Act Series. Retrieved on May, 12 2014 from http://www.mfe.govt.nz/publications/rma/everyday/overview Skelton, P., Memon, A. (2002). Adopting Sustainability as an Overarching Environmental policy. Resource Management Journal 10, 1, 8-9. WEL Networks (2007). WEL Networks Resource Consent Application for Te Uku Wind Farm. Retrieved on March 15 2014 from http://www.wairc.govt.nz/PageFiles/3583/WEL1201813.PDF West Coast Environment Network. (2011). Campaign to stop the Escarpment Mine, Denniston Plateau. Retrieved on May 15, 2014 from http://coalactionnetworkaotearoa.wordpress.com/2011/09/15/campaign-to-stop-the-escarpment-mine-september-2011-update/ Read More