Nick Smith
13 September, 2011
Mr Speaker, I move that the Exclusive Economic
Zone and Continental Shelf (Environmental
Effects) Bill be now read a first time.
I intend to move that the Bill be referred
to the Local Government and Environment
Committee.
Mr Speaker, this Bill is an integral part
of the Government's bluegreen programme
to strengthen New Zealand's environmental
and resource management systems.
This significant Bill puts in place a system
of environmental protection for the ocean
beyond the 12-Mile Territorial Sea covering
the 400 million hectares in the Exclusive
Economic Zone and the 170 million hectares
in the Extended Continental Shelf.
This Bill recognises the opportunities and
responsibilities that go with being a globally
significant maritime nation. The ocean area
over which we have jurisdiction is 20 times
our land mass and the fourth largest of
any nation.
The Bill also recognises that our ocean
resources are coming under increased development
pressure from a growing global population,
depletion of resources on land, and advances
in technology that are making ocean resources
more accessible.
Can I acknowledge the support of the Maori,
ACT, United Future and Green parties for
this important Bill.
National proposed this reform from Opposition
as part of our bluegreen agenda of reforms.
We have refined those proposals with the
advice of officials. We sought further independent
advice after the Gulf of Mexico disaster
to ensure we were putting in place the best
system possible of environmental protection.
This legislation will manage the adverse
environmental effects of activities in the
EEZ that are unregulated. This includes
the construction of petroleum platforms,
seabed mining, aquaculture structures, carbon
capture and storage, marine farming and
energy generation structures.
The legislation will do this by providing
a regulatory framework, similar to the RMA,
for classifying certain activities as permitted,
discretionary, or prohibited. This classification
will depend on the effects an activity causes.
The consenting functions will rest with
the recently established standalone Environmental
Protection Authority.
For discretionary activities consent will
be needed. All such applications would be
publicly notified and will require an environmental
impact assessment and take account of the
receiving environment and cumulative effects
of activities.
We are also providing a mechanism for effectively
dealing with consents that straddle the
Exclusive Economic Zone and the territorial
sea.
This new legislation will not duplicate
the existing regulatory processes for fishing
under the Fisheries Act or shipping under
the Maritime Transport Act.
It has also been carefully designed so as
to ensure it is consistent with New Zealand’s
international obligations.
There will be a transitional period once
the Bill becomes law. The Government will
require those already undertaking discretionary
activities in the EEZ or ECS to apply to
the EPA within six months of the legislation
coming into force and they may continue
their activities until a consent application
is decided.
Existing oil and
gas installations and associated infrastructure
will be exempt on the basis that they are
already operational. Existing licenses for
mineral prospecting will also be exempt
on the basis that the licenses contain environmental
conditions.
There of course will be an intervening period
as this Bill travels through the legislative
process and comes into effect in 2012.
That is why the Government is also putting
in place interim measures to ensure a smooth
transition to the new regime.
Environmental impact assessments will be
undertaken and submitted to the EPA for
oil and gas drilling operations. Operators
will be asked to comply with the latest
beefed up drilling safety rules developed
in the United States following the inquiries
into the Gulf of Mexico disaster.
These measures complement the recent announcement
by the Minister of Labour on the establishment
of a High Hazards Unit with four inspectors
specifically for the petroleum industry.
The Minister of Transport is also reviewing
the liability insurance requirements for
the industry and is looking to raise it
above the current level of NZ$30 million.
Some have advocated that we should just
extend the RMA out beyond the 12-mile Territorial
Sea. This would be cumbersome and require
an extensive planning regime out of proportion
to the likely number of activities.
Others have questioned the consenting role
that will be under the Environmental Protection
Authority and want it to rest with regional
councils. This role requires highly specialist
skills and it would be unnecessarily expensive
to duplicate them in every region.
The Government views New Zealand’s clean,
green brand as important. It does not mean
in our ocean environment that we should
ban everything, anymore than we do in our
land environment. It does mean ensuring
we have world’s best practise environmental
standards and systems and that is what this
bill introduces.
Mr Speaker, this Bill is consistent with
the Government’s policy agenda that supports
growing the economy while protecting the
environment.
I want to acknowledge that groups like the
Environmental Defence Society and the Petroleum
Exploration and Production Association have
welcomed this move as they know it will
provide environmental protection as well
as certainty of process for those looking
to develop the largely unrealised potential
that lies in our EEZ and ECS.
It will help to manage the adverse effects
on the environment while allowing for sensible
development and community engagement in
decision making.
New Zealand has been aware of the need for
this legislation for a long time and this
Bill represents the culmination of years
of work. If we do not act now we risk harm
to the marine environment and creates a
reputational risk for our country’s standing
in the international community.
This Bill is part of the wider body of bluegreen
reforms already instigated by this Government
to ensure we have a world-class environmental
management system.
The time for a robust environmental management
regime of our vast oceans has come.
Mr Speaker, I commend this Bill to the House.
+ More
Funding available to
clean up rivers and lakes
Nick Smith
14 September, 2011
Environment Minister Nick Smith today announced
the criteria and assessment panel for the
new fund to help councils and communities
clean-up nationally significant water bodies
that have been polluted.
“This Fresh Start for Fresh Water Clean
Up Fund is to encourage regional councils
and communities to put plans together to
clean up lakes and rivers that have become
badly polluted,” Dr Smith said. “The Government
needs to be satisfied that a water body
is nationally significant, that rules are
in place to prevent ongoing pollution, that
cleanup plans have wide community engagement
and that the Regional Council is also financially
committed to support the clean up.
“$9 million is available for allocation
from the fund in the next year. This brings
the total Government to fresh water clean
ups in the years 2009-2014 to $94 million
as compared to $16 million spent between
2004 and 2009. The fivefold increase reflects
the importance this National-led Government
puts on improved fresh water management.
“This new fund was an important recommendation
of the Land and Water Forum. It is part
of a broader programme of work on improving
water management that includes the National
Policy Statement on Freshwater, increased
investment in irrigation, regulations requiring
measurement of water takes and better monitoring
and compliance of resource consents.”
The four-member assessment panel comprises
Land Water Forum representatives Roku Mihinui
(Iwi Advisors Forum), John Hutchings (Fonterra)
and Hugh Canard (Whitewater NZ) and a representative
from the Ministry for the Environment.
“The current state of some of New Zealand’s
rivers and lakes is inconsistent with our
clean, green brand. This new fund is a further
step in the Government’s Fresh Start for
Fresh Water programme to better care for
our lakes and rivers,” Dr Smith said.
More information, including criteria for
the fund and application forms are available
at: http://www.mfe.govt.nz/issues/water/freshwater/fresh-start-for-fresh-water/cleanup-fund.html
Attached: Biographies
of Assessment Panel
John Hutchings is the Sustainability General
Manager within the Supply and External Relations
group of Fonterra. Mr Hutchings worked previously
as an advisor on environmental, sustainable
development and local government policy
in the New Zealand Department of Prime Minister
and Cabinet. He performed a similar role
for Local Government New Zealand and spent
his early career with the Taranaki Regional
Council. Mr Hutchings is based in Wellington
and is a member of the Land and Water Forum
Small Group.
Hugh Canard works at Lincoln Ventures Ltd
as its Environmental Group Manager and is
involved with Whitewater New Zealand. Mr
Canard has been an expert witness in water
conservation hearings and the Environment
Court and is a member of the Canterbury
Regional Water Committee. Based in Christchurch,
he is also a member of the Land and Water
Forum Small Group.
Roku Mihinui is the Chief Executive Officer
of the Te Arawa Lakes Trust, and Chair of
the Iwi Advisors Forum on fresh water. Mr
Mihinui was a Te Arawa co-negotiator for
the Te Arawa Lakes Settlement in 2006 and
led the subsequent implementation of the
settlement. Based in Rotorua, he is a member
of the Land and Water Forum Small Group.
