Comprehensive Guidance for Permit Replacement Process
Background on mining privileges under the Mining Act 1926 and the impending deemed permit expirations. Details on the readiness with legal advice, application forms, and a competent team for processing replacement permits. Policy changes' interaction with critical deadlines.
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Presentation Transcript
Consenting & Deemed Consenting & Deemed Permit Replacement Permit Replacement Joanna Gilroy Manager Consents
BACKGROUND Mining privileges issued under the Mining Act 1926 Includes rights to take and discharge water and to transport water over other people s property Deemed a Water Permit when RMA enacted 750 Around 300 still current and possible to exercise If replacements not granted all remaining deemed permits expire 1 October 2021 We expect applications for replacement for around 230 of the current deemed permits Rights to transport water across other people s property will expire with deemed permits unless the permit holder secures a s417 certificate Key deadlines: 1 April 2021 1 July 2021
READINESS Comprehensive legal advice Comprehensive guidance note for all involved in processing an application to replace a deemed permit with a resource consent New standard application forms - editable electronic documents Changes to consent processes Changes to identification of affected parties Check lists for assessing whether an application is complete (s88) Guidance regarding notification, including limited notification Advice regarding s417 certificates (rights to move water across other people s land)
READINESS Competent team of planners including a new Manager Contract with Mitchell Daysh to process deemed permit consent applications Contracts in place with other specialist advisors Identifying potential hearings commissioners with the right expertise Communication package almost complete Engagement on the application process will be targeted to deemed permit holders and their consultants / representatives Series of messages over some months
POLICY CONTEXT PRIORITY PLAN CHANGES Will set new policy framework, limits and allocation rules Notified by: March 2020 for Arrow / Cardrona August 2020 for Manuherekia Interaction with critical deemed permit expiry dates: 1 April 2021 1 July 2021 1 October 2021 In the absence of any plan change the current rules apply
POLICY CONTEXT - NPSFM National objectives framework for freshwater management All objectives and policies are relevant to deemed permit replacement but the key ones here are: Objective B2: To avoid any further over-allocation of fresh water and phase out over- allocation Policy B5: By every regional council ensuring that no decision will likely result in future over-allocation including managing fresh water so that the aggregate of all amounts of freshwater in a freshwater management unit that are authorised to be taken, used dammed or diverted does not over- allocate the water in the freshwater management unit.
FOR CONSENTS LODGED BEFORE ANY PLAN CHANGE IS NOTIFIED Consents must be processed on their merits within the current rules and policy framework Must not predetermine consents But to balance the requirements of NPSFM, the Water Plan and the RMA, replacement consents lodged before any plan change is notified will: Tend to be of a shorter duration aligned with the FMU plan process to allow for new policies to impact on allocation Need to be a step toward a reduction in over allocation over time Need to provide appropriately for residual flows Need to ensure compliance with water metering standards Integrate take and discharge consents
FOR CONSENTS LODGED AFTER A PLAN CHANGE IS NOTIFIED Will be assessed under both the current rules and the rules in the notified plan The Courts have provided guidance on the weight to give to a notified plan It is expected that replacement consents lodged after a plan change is notified will: Tend to be for a longer duration aligned with the NPSFM but providing greater certainty for operation Reflect the allocation intended in the new plan Need to provide appropriately for residual flows Need to ensure compliance with water metering standards Integrate take and discharge consents All complete applications lodged before 1 April 2021 will secure use of water during the decision-making process
FOR CONSENTS LODGED AFTER A PLAN CHANGE IS NOTIFIED There be new forms for consent applications lodged after notification, reflecting the need to address two sets of rules There will also be: a new guidance note significant communication balancing the operative and the notified plan
OVERALL Where a deemed permit serves multiple properties from one take (shares of the permit) it may not be possible to separately consent each share unless they come from physically separate takes It may not be possible to consent an individual take at the bottom of a network in isolation from the upstream parts of the system (related takes and discharges) It would be better to consent whole systems than to deal with individual permits
