Resource Management Act 1991

Question: Describe about the Resource Management Act 1991. Answer: Introduction RMA- Resource Management Act was introduced in New Zealand in the year 1991 basically outlining guidelines about how to manage the environment. Thus it concentrates on managing the natural and physical resources such as land, water and air. The said Act has three main significances. Firstly it is the sole integrated framework which manages all the resources under one roof rather than multiple regimes. Secondly it has inculcated within its regime the concept of sustainability and thirdly the main purpose of RMA was development of a sustainable environment. It is basis this purpose that all the other rules and regulations are spelt out. Another very distinctive characteristic of the RMA is that it promotes participation of the public in the decision making process. Key Sections Of Rma That Delegate Responsiblities To Local Government RMA delegates responsibilities to the regional and district council. The key sections of the Act that delegates such responsibilities are section 28A wherein the Act requires the Regional council to provide adequate data to the minister of conservation when needed. Section 30 which defines what the functions of the regional council are under the said Act, Section 31 looks into the functions of the territorial authorities, Further section 31A delegates some powers of the local government to the minister of conservation. Thus this section basically concentrates upon delegation of responsibilities to the local government both regional as well as district level (Smith, 1999). Section 28A, delegates to regional council with the responsibility to supply with adequate data about how the council has been monitoring the coastal permits in relation to the region or data regarding the regional coastal plan or what rights are being exercised by the council for the protection of the coastal region. Upon receipt of a notice from the ministry, the council is required to supply information within three weeks or such time as decided. Section 30 and 31 is the most important sections which defines the functions of the regional and the territorial authorities respectively. Section 30 defines the following responsibilities of the regional council: Timely pronouncements, implementation and reviewing of the objectives, policies and the methods so as to fulfil the basic purpose of the said Act i.e. incorporated administration of the various natural and physical resources of that particular region. To prepare various policies with regards the actual or expected results of the use of the land which has a major impact on the said region. The regional council has to ensure conservation of soil, dealing with natural calamities with regards land, Maintenance and augmentation of the waters quality of water bodies as well as the coastal waters. Continuous examination of the land so as to be able to monitor which part is polluted. Controlling discharge of pollutants into land, air or water. Controlling the water bodies with regards the quality, usage, flow damming as well as level of the water. The coastal marine area should also be looked after the said council but in collaboration with the Minister of Conservation (Andrews, 2015). Section 31 defines the below mentioned responsibilities of the territorial authorities. Similar to the regional councils responsibility, it has to ensure timely establishment, implementation and reviewing of the various policies and methodologies with regards the land, air and water. Controlling the noise level so as to avoid hazards related to noise pollution Controlling harmful activities being conducted on the surface of the water such as in rivers and lakes. Controlling various effects caused on the land due to its usage or development such as contamination, usage of hazardous materials and maintaining original biodiversity ((Legislation.govt.nz. 2016). Difference Between The Responsibility Of The Regional And Territorial Autorities It may seem that the two authorities have similar responsibilities but there exists some differences between the two. They are: The regional council looks after the sustainable well being of the region as a whole whereas the local or territorial authorities look after the sustainable well being of the district. The territorial authorities control the effect that usage of land has , controls the noise level, and the effects that the activities have on the surface of the water of lakes and rivers. But the regional council covers a wider area. It keeps a check on the usage of freshwater, land, air and coastal waters as well. It look after the navigations at the harbours, road transports by ensuring that the roads are well maintained and connected and manages the rivers as well taking charge of the floods and erosional activities of the rivers (Localcouncils.gvt.nz. 2016). Rotorua Lake Council District Plan Purpose The RMA 199, mandates the local authorities to prepare various district plans which would focus mainly on managing the physical and natural environment. It basically mentions the rules and regulations with regards the usage of the land and buildings. One such plan was the Rotorua Lake Council District Plan. The purpose of the said plan is sustainability of the large amount of natural resources found in that district. The region is susceptible to volcanic eruptions due to which the land is always at a very high risk with regards its quality thus the purpose is to address the said issue of volcanic eruptions and ensure that a healthy community is developed. The area is full of lakes and other wet lands hence another purpose is to improvise upon the quality of the lake water. The district is a very good tourist spots as it boasts of naturally made islands, mountains and similar such scenic beauties, hence management and protection of the same is also a top priority of the said plan (Min istry for the Environment. 2016). Summarization Of Purpose Of Part 8- Business And Innovation Of The Rotorua District Council Plan The main purpose of this part is to ensure that the business houses develop parks which would help to develop the social and economical well being of the entire district by providing employment to people thus improvising upon the overall productivity as well as the GDP levels. This also enables to draw attention of skilled workers, good business houses to become a part of the Rotorua district which helps to fulfil one of its strategy i.e. Rotorua Sustainable Economic Growth Strategy (Rotorualakescouncil.nz. 2016). Policy Outcomes Of Part 8 Of The Distrct Plan The outcome for which the said part of the plan was developed is enumerated as under: Incremental sustainable and competitive forest and industrial belt. Increasing the employment rate of both skilled as well as semi-skilled workers. To ensure development of more business parks and keeping a check upon the strength of the city centre and the amenity of the industrial, countryside and residential environment (Rotorua Districts Councils Records, 2016). Thus the said Act ensures that the environment of the island is protected and maintained in a sustainable manner. References: Andrews, H. (2015). Boom Review: Focus on Resource Management Law. Retrieved from https://www.lawsociety.org.nz/practice-resources/research-and-insight/legal-publications/book-review-focus-on-resource-management-law Rotorua Districts Councils Records, (2016), Part 8- Business and Innovation, Retrieved from https://geo.rdc.govt.nz/BOPLASS/Tiny/TRIM.aspx?recNum=RDC-656746 Rotorualakescouncil.nz. (2016). District Plan. Retrieved from https://www.rotorualakescouncil.nz/our-services/planningservices/districtplan/Pages/default.aspx Legislation.govt.nz. (2016). Resource Management Act 1991. Retrieved from https://www.legislation.govt.nz/act/public/1991/0069/latest/whole.html#DLM232533 Localcouncils.gvt.nz. (2016). Councils roles and functions. Retrieved from https://www.localcouncils.govt.nz/lgip.nsf/wpg_url/About-Local-Government-Local-Government-In-New-Zealand-Councils-roles-and-functions Ministry for the Environment. (2016). Resource Management Act. Retrieved from https://www.mfe.govt.nz/rma Smith, S. (1999). Natural Resource Management in New Zealand : Lessons for New South Wales. Retrieved from https://www.parliament.nsw.gov.au/researchpapers/Documents/natural-resource-management-in-new-zealand-lesso/13-99.pdf