Farmers challenge Invercargill City Council's stormwater permit

The Invercargill City Council's 15-year stormwater discharge permit, which was granted despite opposition, has been appealed. Nicole Sharp reports.

Four submitters have joined forces to appeal Environment Southland's decision to grant the Invercargill City Council (ICC) its stormwater discharge permit.

Farmers William Smellie, Warwick Kent, Alan Flett and Roger and Rosemary Hamilton have appealed the decision, with support from Federated Farmers.

Earlier this year, a hearing was held on the application, which was initially for a 35-year permit.

The independent hearing panel, made up of David Caldwell, Hugh Leersnyder and Craig Pauling, made its decision despite the hearing revealing the network had been contaminated with sewage in the past.

The group's appeal is to both shorten the length of the consent term and amend the consent conditions to address their concerns.

''The consent is opposed on the basis that the term and conditions will not adequately avoid, remedy or mitigate the adverse effects on the environment,'' the appeal said.

The four also said in the appeal they were opposing the decision because the ICC had acknowledged the effects of the discharges are more than minor on the receiving environment and any consent must reflect the evidence.

''The discharges are contrary to the objectives and policies of the relevant plans. In addition, it was accepted at the hearing that the stormwater is sometimes subject to contamination from sewage. Such discharge is prohibited under Rule 26(f) of the proposed Southland Water and Land Plan.''

The term of the consent was also likely to have adverse effects on Southland landowners within the affected catchments when it came to the limit setting process under the proposed Water and Land Plan.

''If any of the associated catchments were found to be over-allocated, the remaining landowners could be subject to greater expectations to reduce their discharges and impact, or otherwise employ mitigation methods.''

''In contrast, the applicant could be the party contributing (or contributing a greater share) and not have to make any reductions. This would also have serious economical and social effects on those landowners, including the inability to make a living and an inability to use the land.''

In support of the appellants, Federated Farmers said the 15-year consent before limits had been put in place effectively gave the ICC a 15-year exemption from being a part of the limit setting conversation and from meeting any limits.

''Ultimately, this could require other dischargers in the catchment to reduce nutrient discharges even more, to cover Invercargill City's exemption. We consider this potential outcome to be unacceptable and unfair.''

Federated Farmers supports a collaborative limit-setting process with communities at the heart of it all.

''All contributors to water quality outcomes must be part of this process to achieve a fair and balanced position. A 15-year consent in the circumstances of this application had the potential to undermine this process and create friction between interested parties.''

The appeal will now progress to a hearing in the Environment Court, with a date still to be set.