1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
|
% 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 and 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: important. Spend a little more time on this.
\item[Impact analysis, mitigation, and evaluation of residual impacts.]
(TODO: Evaluation of the significance of residual impacts)
\item[Reporting, independent review and 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 are encouraged to develop local plans and evaluate
resource consent applications is the Ministry for the Environment. The
Ministry is supposed to prepare and publish national policy
statements---declaring governance intent relating to issues affecting
the whole country or in fulfillment of international agreements---as
well as national environmental standards (specific points of reference
in the areas of air quality, water quality, etc).
%TODO: more on the national level
- 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)
On the regional level, regional councils are to produce regional
policy statements (RPS) and may also produce more comprehensive and
prescriptive regional plans to support the goal of achieving
integrated management of natural resources.
REGIONAL LEVEL
- concentrate on water, air, and land (as its use relates to water and air quality)
DISTRICT / city councils
This overlapping mandate clearly requires special efforts to ensure coordination ...
TODO: must mention consultation steps in RMA! check miller2010implementing
TODO: public participation through notification
TODO: RMA and SEA
\subsection{SCRATCH SPACE}
``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}
\begin{quote}
It provides a comprehensive framework with a single
purpose of promoting “the sustainable management of natural and
physical resources” (Section 5).
\end{quote}
|
