% 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} Unlike the aproach taken by other countries implementing EIA, the RMA is a 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 - devolved mandate, i.e. decision making is undertaken at the closest level to which it was given effect, e.g. land is a locally used resource and thus decisions are to be made by district and city councils. ``effects-based approach'' without specific reference to EA procedure ``Environmental Assessment in a Changing World'' (EAE_10E.PDF, Sadler) \begin{quote} (page 49) The New Zealand Resource Management Act (RMA, 1991) is possibly the most far reaching piece of sustainability legislation enacted by any country. EA is incorporated as an integral part of an effects-based approach to sustainability. It 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. Application at this level is variable and, overall, it is concluded that the unique way that EA is integrated into the Act makes evaluation of the effectiveness of implementation difficult \end{quote} (page 164[pdf], 146[published]) \begin{quote} The Resource Management Act (1991) consolidates policy planning, assessment, and regulatory functions previously exercised separately. 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. SEA is intended to be an integral part of policy and plan-setting, rather than being applied to them as a separate procedure. The resulting framework, in turn, establishes a context and parameters for subsidiary EIAs, which are required for all resource use consents and where the presumption is for protection via rigorous limits on discharges etc. However, in practice, implementation of the Act is occurring slowly. Experience to date indicates that local governments still rely on project EIA rather than undertaking policy and pian-level assessments, \end{quote}