Comment: The ORC water permit plan's shifting goalposts

Federated Farmers South Island Regional Policy Manager, Kim Reilly. Photo / Supplied

Comment: Federated Farmers South Island Regional Policy Manager Kim Reilly takes a look at the changes to the Otago Regional Council's water permit plan.

Otago's water users are understandably concerned about what's currently happening with Otago Regional Council's water permit plan change.

Many look to be facing the extra expense of shorter-term resource consents and curtailment of usual Resource Management Act processes, never mind a whole lot of uncertainty.

The "Proposed Water Permits Plan Change" referred to as Plan Change 7, looks set to come with some real issues.

The latest advice from ORC on 8 April 2020, was that the Minister for the Environment David Parker, had "called-in" this plan change. That means it is no longer in ORC's hands; it has been passed to the Environmental Protection Authority (EPA), and normal council submission and hearing processes won't be followed.

It must be noted that it was the ORC that on 28 February 2020 requested the Minister "call-in" its water plan changes. ORC wanted them taken out of local hands and passed to central government.

Yet importantly, despite asking the Minister to take over its plan changes, on 18 March 2020, ORC proceeded to notify Plan Change 7 itself.

What this means for water users is that despite the plan process now being in the EPA's hands, the plan change had immediate legal effect, based on the contents of the ORC's proposals (however flawed), from the day ORC notified it.

This will have significant repercussions for impacted water users, particularly as Plan Change 7 goes well beyond the replacement of deemed 'mining' permits.

It will impact anyone needing new or replacement water permits before 31 December 2025, including surface water and hydraulically connected groundwater. Our understanding is that this includes municipal water schemes.

All impacted water users will be facing short-term consents (a maximum of six years). These are proposed to be based on volume and limits on average maximum previous use from 2012 – 2017, while irrigated area is based on 2017/18.

It also means submitters now have to decide whether to submit to the original ORC notified plan change (with submissions due 4 May 2020), or await the EPA's call for submissions, likely in the next 4-8 weeks, or submit to both.

Irrespective, all submissions will be collated and summarised as one, and hearing rights will apply, albeit through the Environment Court, and not typical council hearing processes.

Federated Farmers will be submitting to both processes. We will also continue to urge ORC to improve its stakeholder and community engagement, which has been its failing for some time.

Council seems to have a very short memory, given commitments made in its own media release on 21 November 2019, where it was stated:

"Chairperson Hobbs emphasises ORC's strong commitment to working alongside the community. Together, we have a lot of work ahead. It will be absolutely essential that we work with the community every step of the way."

There is a distinction between talking the talk and walking the walk. We look forward to seeing a real commitment to engage reflected in the Council's actions, not just in its rhetoric.