% background 1000 % - EIA & SEA 400 % - sustainable development 200 % - RMA 400 \section{Background} \subsection{Environmental Impact Assessment} The term ``Environmental Impact Assessment'' (EIA) is used to refer to a set of standardised procedures that are designed to inform the decision-making processes surrounding development proposals. According to the International Association for Impact Assessment (IAIA), a major objective of EIA is to ``anticipate and avoid, minimize or offset the adverse significant biophysical, social and other relevant effects'' of such proposals ``prior to major decisions being taken and commitments made'' \parencite{principles}. In order to provide decision-makers with sufficiently detailed insight into the potential positive and negative effects of a project on the environment, the participation of all parties that would be affected by the project, as well as the participation of the general public is explicitly encouraged \parencite{principles}. The involvment of the public in the decision-finding process is a crucial component of EIA as those responsible for the project proposal and the prediction of its impacts on the social and natural environment do not necessarily share the values of affected communities. Hence, public participation can provide balance to the biases of developers and the assessors they hire \parencite{wilkins}. \subsubsection{EIA activities and procedures} The EIA process generally involves the following activities \parencite{principles}: \begin{enumerate} \item[Screening \& Scoping] The goal of the \emph{screening} step is to limit the application of EIA procedures to those projects that are expected to have significant effects on the environment. What kind of projects require an impact assessment varies from country to country. When a proposal is subject to EIA, the \emph{scope} of the assessment is determined by identifying the key impacts that are associated with the project. \item[Consideration of alternatives] TODO \item[Impact analysis, mitigation, and evaluation of residual impacts] (TODO: Evaluation of the significance of residual impacts) \item[Reporting \& independent review] TODO \item[Decision-making] TODO \item[Monitoring and other follow-up activities] TODO \end{enumerate} \subsubsection{The role of sustainable development} TODO: - EIA --> SEA - broad definition of ``environment'' is adopted \subsection{The Resource Management Act 1991} The Resource Management Act 1991 (RMA) is the overarching environmental management framework which governs the allocation and utilisation of New Zealand's natural resources and controls adverse effects on the environment. The RMA is the result of efforts to unify and simplify previous legislation relating to environmental management which had lead to what was perceived as an uncoordinated, complex network of confusing environmental management strategies \parencite{twp98}. It consolidated around 70 laws and statutes and is generally considered to be the first piece of integrated sustainability legislation in the world \parencite{rma-guide}. The RMA has been described as an ``effects-based approach'' to regulation \parencite{sadler}, as it does not intend to regulate human activities per se, but ``focuses on the regulation of the effects of human activities on the environment'' \parencite{furuseth}. Notably, the RMA makes no reference to EIA or environmental assessment procedures. As \textcite{sadler} writes, environmental assessment under the RMA \begin{quote} operates within the statutory planning and consent system rather than as a separate procedure, applies explicitly to projects and is indirectly specified for policy statements and strategic plans which local authorities are required to prepare to guide and implement sustainable resource management. \parencite[p 31]{sadler}. \end{quote} Interestingly and somewhat unusually in international comparison, the RMA shifts the main responsibility of resource management activities to local authorities rather than imposing a prescriptive management style. The role of central government under the RMA is purposefully limited, allowing district and city councils to let their decisions be guided by locally determined goals. This devolved mandate---the increasing distribution of responsibility from the national to the regional and finally local level---is intended to ensure that decisions relating to resource usage are made not only within the national policy framework but also at a level closest to the resources in question \parencite[p 27]{miller2010implementing}. Responsible for the national policy framework within which local authorities evaluate resource consent application - Ministry for the Environment responsible for RMA ``Social Assessment'' (Taylor et al in the Green Book, chapter 25) \begin{quote} The New Zealand Resource Management Act (1991) is regarded by many as the foremost and most innovative national legislation for environmental assessment in recent years. This act has included mandatory requirements for the assessment of environmental effects, with “social,” “cultural,” and “amenity values” clearly included in the definition of environment. Also required are public involvement and community consultation, and monitoring of effects once the plan or project has begun. \end{quote} It provides a comprehensive framework with a single purpose of promoting “the sustainable management of natural and physical resources” (Section 5). A hierarchy of national and regional policy statements and regional and district plans form the cornerstone for implementing the Act. TODO - requirement: policy environmental assessment (SEA) \textcite{miller2010implementing} - three layers of plans NATIONAL LEVEL - Ministry for the Environment responsible for RMA - should prepare national policy statements (NPS) - broad scope - issues affecting more than a region or the whole country - global agreements/commitments national environmental standards (NES) - very specific and technical - addressing standards of air quality, water quality/levels/flows, discharges, etc when deemed appropriate by minister - very slow publication of NPS and NES - 2009 establishment of the EPA (due to RMA amendments) - 2010 extended functions of the EPA as Crown Agent, taking over all regulatory functions of the MfE; MfE focusses on policy + regulation not under RMA (Hazardous substances Act, Ozone Protection Act, Climate Change Response Act) REGIONAL LEVEL - regional councils need to produce regional policy statement (RPS) - may produce regional plans - concentrate on water, air, and land (as its use relates to water and air quality) DISTRICT / city councils