THE RESOURCE MANAGEMENT REFORM — WILL IT FIT THE BILL?

Forest and Bird, Volume 21, Issue 1, 1 February 1990, Page 9

THE RESOURCE MANAGEMENT REFORM — WILL IT FIT THE BILL?

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Alistair White

Mark Bellingham

2 Be INTRODUCTION of this Bill serves as a milestone for resource management in New Zealand, and is intended as the first comprehensive and integrated review of the laws governing the management of our natural resources. Town and country planning, water and soil management, land, water, air and noise pollution, waste disposal, hazardous substances control, coastal management, mining, and geothermal consent laws are all dealt with in the new Resource Management Bill. The new Bill promotes the concept of sustainable management as its purpose. However, its specific wording will not necessarily ensure that the management of New Zealand's natural and physical resources are indeed sustainable! The Bill appears more concerned with balancing destruction and protection of the environment, rather than providing a clear ecological perspective to ensure New Zealand's development is sustainable.

Mining

Under the new Resource Management Bill the Minister of Energy has sole responsibility for the granting of mineral and energy licences. The mining companies can use the courts to force their way onto private land or public conservation land against the wishes of the landowners. While mineral management programmes are now required, these will not necessarily be consistent with the sustainability objectives of the law.

Heritage Protection Orders

Areas or places of significance for their natural, scientific, historical or cultural importance can now be protected through heritage orders. These orders have stop-work notices, and enforce protection with compensation. This will give designated heritage sites better protection to survive against uncaring landowners, although the compensation provisions will ensure it is limited to small sites.

Pollution and Hazardous Substances

All discharge of contaminants to land, air and water must have a consent. The Bill also promotes the best practicable option (BPO) approach to minimise pollution. A Hazards Control Commission will be established with responsibilities to include monitoring, enforcement and advice to the Minister on regulations for

standards and controls in the management of hazardous substances. This is a good step forward.

Coastal Management

Coastal management now becomes a shared responsibility between regional government and the Minister of Conservation. The Minister of Conservation will prepare national coastal policies. Coastal management plans are to be prepared by regional government and DoC, and require the approval of the Minister of Conservation

Water Management

The Bill carries over existing water classifications, minimum flows and levels, and places them under regional resource management plans. National water conservation orders remain, but local orders have been lost.

Summary

Overall the new resource management law is a major step forward when compared to the existing system, especially regarding the protection of our coasts. The main drawbacks in the Resource Management Bill are: e A muddled definition of sustainability which provides a let out for continued non-sustainable development. e Loss of the Conservation Minister's veto over mining in national parks, nature reserves and other specially protected areas. e Exemption of mining and mineral development from key principles of environmental protection. e Lack of energy management or planning means no control on the forces behind the Greenhouse Effect or energy drain off from our unique geothermal systems. e Loss of public comment rights on mining during a transition period before old district schemes expire. e Loss of local water conservation notices to multiple-use water plans where development usually takes predecence. e A tradeable water right system that could lead to reduced water flows in rivers and high local water pollution. e National standards that are not binding on regional and local councils and can be overturned by these councils. e A massive devolution of responsibility to local authorities without adequate safeguards to ensure high standards are set and enforced for environmental management.