A national environmental standard for quarrying will help streamline the resource consent process for future aggregate supply, benefitting not only those quarrying but also the wider community, writes Bal Matheson.
Under the current planning framework, any application for a new or major expansion of an existing quarry will likely need to assess and obtain resource consents for a wide range of effects, and each requires an assessment by experts and the production of reports.
Those reports represent fertile ground for disagreement by other experts, whether advising councils or a submitter, and provide a basis for those who do not want a quarry near them to oppose it. If consent is ultimately granted, the scope of the effects and the resulting expert disagreement spawn pages and pages of consent conditions, all of which represent a constraint and cost on a quarry’s operation.
Instead, imagine if there could be one rule to rule them all.
Overarching
An NES – Quarrying would provide an overarching rule framework that would apply to quarries nationwide and would replace rules in other national environmental standards, regional plans and district plans.
It would encompass all ancillary activities associated with quarrying and would restrict the nature of effects that can be considered in assessing any such application. There would be limits on the nature of conditions that could be imposed. The overall activity status for quarrying would be controlled –consent must be granted subject to conditions – and again, there would be strict limits on the nature of conditions.
A national standard would expressly authorise all components of quarrying, including the activities mentioned earlier, such as the reclamation of wetlands and the reclamation and diversion of streams. The only exceptions to that controlled activity status would be within areas of existing mapped outstanding natural landscape, outstanding natural features, sites of significance to mana whenua, or similar overlays with the highest levels of environmental values.
It would expressly permit the removal of vegetation, including vegetation within significant ecological areas – provided that such removal was offset by replacement planting. However, any offset requirement would be specifically limited to be no greater than a specific ratio – say 3:1.
It would also expressly preclude: A decision-maker from imposing consent conditions that set a more onerous standard than any existing permitted activity standard; considering adverse visual effects from quarrying on any activities occurring more than 500 metres from the extent of quarrying or on any activities within 500 metres that only occur on a transitory basis i.e. those using walking tracks that might have a view over a quarry from certain viewpoints; (taking into account) the effects of quarry trucks using public roads, including effects on other road users and on the road pavement itself.
A quarrying NES could also specifically authorise the rehabilitation of quarried areas, including through the deposition of cleanfill and managed fill. Filling activities are a natural adjunct to quarrying and can be appropriately managed by a controlled activity status.
Benefits
An NES – Quarrying in the form described would have a range of benefits.
It would override other national instruments, such as the National Policy Statement – Freshwater Management and therefore avoid the need for quarrying exemptions in those instruments. It would provide a one-stop shop for quarrying.
It would provide a clear, controlled-activity, consenting pathway for all quarrying activities irrespective of whether the activity is within a special purpose quarry zone or not. It could apply to hard rock quarries, gravel extraction and sand quarries.
The same rules would apply nationwide, providing consistency for quarry companies operating across multiple districts and regions.
It would expressly exclude the need for applicants to assess certain effects, given that these are generally the effects latched onto by third parties to delay, overturn, or to justify the imposition of more stringent consent conditions.
That would speed up processing time and reduce the likelihood of costs and delays caused by litigation.
It would allow the development of a standard set of consent conditions, while still allowing for specific tweaks to consent conditions to reflect the unique circumstances of any site.
That would ensure there was a level playing field commercially, and that there was an appropriate even standard in terms of environmental protection across all quarries.
To the extent that there were nationally derived standards for certain effects, such as erosion and sediment control and dust, then those could be easily incorporated into a national environmental standard without creating any overlap or inconsistency.
Consistency
An NES – Quarrying is not about giving quarry operators carte blanche to destroy the environment. It is about ensuring a certain and consistent consenting framework that will ensure the assessment of effects is limited to genuine adverse effects, that conditions are directed to ameliorating those adverse effects, and that financial resources are spent on improving environmental outcomes rather than on litigation processes.
Both the environment and the economy would benefit.
• Bal Matheson is an environmental law barrister at Richmond Chambers. This column reflects his personal views based on 25 years’ experience advising the quarry sector on resource management issues.
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