508. Schedule 3 of the RMA contains water quality classes and standards which a council may use for setting rules in planning documents. The use of Schedule 3 is directed through section 69 and allows a council to set rules based on the standards, unless the council thinks they are inadequate in which case they can prescribe more stringent or specific standards. The standards have not been updated to reflect scientific advances and are relatively unused by councils, with only two (out of 16) regional council water plans referring directly to Schedule3.
509. The introduction of the ‘national objectives framework’ in the National Policy Statement for Freshwater Management in 2014 provided a process to guide council decision making on fresh water. It includes updated water quality standards that councils can use in planning decisions. The national objectives framework has superseded Schedule 3 making it largely redundant.
510. The policy intent is to provide clarity for councils on the tools, and a consistent process to use, for freshwater planning. Leaving Schedule 3 in the Act would undermine thisintent.
511. The proposal is to amend s 69 of the RMA to remove Schedule 3 from applying to fresh water. It would continue to be available for use by councils with regard to geothermal and coastal water. The direction contained in s 69(3) regarding setting rules regarding water quality would continue to apply tofreshwater.
512. The impact of this amendment is considered to be minor. The standards are not widely used for fresh water and all councils have begun planning processes based on the process and standards contained in the National Policy Statement for Freshwater Management 2014. The impact of the amendment is further lessened by retaining the classes and standards for use for geothermal and coastal water which do not have alternativemechanisms.
513. There are no non-regulatory options that would achieve the policyintent.
514. The alternate option is to retain the status quo. Under this option councils would use the national objectives framework to set freshwater objectives and, if they were appropriate, use the Schedule 3 water quality standards for setting rules to achieve theobjectives.
515. However this will not achieve the policy intent of providing clarity, and a consistent process for plan making. Additionally, it is unnecessary to retain Schedule 3, as appropriate rules can be derived based on the process in the National Policy Statement for Freshwater Management2014.
516. This proposal is a zero cost, low risk way of providing greater direction to councils on how to manage fresh waterresources.
