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Questions and answers on the proposed National Environmental Standards for Electricity Transmission Activities

The Ministry for the Environment is proposing national environmental standards for electricity transmission activities.

These standards will comprise specific regulations setting out which transmission activities are permitted, and which need resource consent. The standards will also specify consent requirements for activities which fail to meet the permitted activity terms and conditions.

The purpose of the proposed standards is to:

  • Minimize the cost to councils of implementing the National Policy Statement on Electricity Transmission (NPS)
  • Ensure that planning requirements are nationally consistent and provide adequately for maintenance and upgrading of transmission lines to achieve the intention of the NPS
  • Minimise RMA processing costs and delays

What do the proposed standards do?

The proposed standards will provide a consistent national framework for the management of the environmental effects of the operation, maintenance and upgrade of the national grid (but excluding the construction of new lines).

How would the proposed standard deal with transmission activities?

The proposed ‘transmission activities’ standard is a framework for managing the adverse effects of transmission activities.

The proposal is that activities which do not have significant adverse effects would become ‘permitted activities’, i.e. no resource consent would be required, provided that specific terms and conditions to control any adverse effects are complied with.

Activities that would be permitted include general maintenance such as strengthening, upgrading and replacing support structures and foundations, and adding conductors (up to duplex). 

Activities in the coastal marine area, beds of lakes and rivers, on the conservation estate or which involve disturbance to historic heritage would require resource consent.

The proposed standard sets out resource consent requirements for other transmission activities:

  • ‘controlled’ - the consent authority has the discretion to impose conditions on specified matters, but cannot decline the consent (unless insufficient information is provided). Activities likely to be ‘controlled’ include wet abrasive blasting, vegetation trimming and some earthworks, as well as some activities which fail the permitted activity terms and conditions.
  • ‘restricted discretionary’ – the consent authority may decline the consent or grant it subject to conditions on specified matters.  Restricted discretionary activities could include permanent deviation of a transmission line, as well as some activities which fail the permitted activity terms and conditions.
  • ‘discretionary’ – the consent authority may decline the consent or grant it with or without conditions. Any activities not listed elsewhere in the proposed standard would be discretionary, and activities specifically listed as discretionary include new access tracks through sensitive areas and activities in the coastal marine area.

Does the proposed standard for electricity transmission activities cover the building of new lines?

No. The proposed transmission activities standard will apply to the operation, maintenance and minor upgrades of existing transmission lines, but not to the construction of new lines.

Do the proposed standards give Transpower the right to enter private land for operation, maintenance and upgrade activities?

No. The RMA cannot confer any rights of access to private land.  Existing access provisions (under the Electricity Act, or through easement agreements) will not be affected in any way by the proposed standards.

What about the second proposed standard?

The second originally proposed standard (the “transmission risks” standard) would have established buffer zones around transmission lines to protect them from activities which could damage the lines or put the national grid at risk.

However, due to large opposition expressed by submitters (see the Report on submissions), we are currently re-examining whether to proceed with the proposal.

What would happen to current plan rules if the transmission activities standards are put in place?

Rules in district or regional plans cannot be more lenient than a national environmental standard.  So, any rules in existing plans which are more lenient than either proposed standard would cease to have effect.

Plan rules cannot be more stringent than the proposed ‘transmission activities’ standard, but would be able to be more stringent than the ‘transmission risks’ standard. 

How will the proposed standards relate to the National Policy Statement on Electricity Transmission?

The National Policy Statement on Electricity Transmission (NPS) sets out high level objectives and policies for managing electricity transmission. National environmental standards provide the equivalent of plan rules. 

Local authorities must give effect to the National Policy Statement on Electricity Transmission. A well crafted set of standards could reduce the number and extent of plan changes required to give effect to the NPS.

How do the proposed transmission activities standards work with Transpower’s proposed new North Island transmission line?

The proposed standards do not apply to the construction of new lines and therefore have no effect on decisions about Transpower’s Upper North Island Upgrade Project.

What are the next steps in the process?

The Minister for the Environment will now issue drafting instructions to the Parliamentary Counsel Office (PCO) to develop national environmental standards for electricity transmission activities.

We will be working with PCO and key stakeholders to prepare the regulations. We will also be preparing detailed guidance on the NES for councils and the public.

Where can I get more information?

Cabinet paper: National Environmental Standards for Electricity Transmission Activities under the Resource Management Act 1991

Regulatory Impact Statement: National Environmental Standards for Electricity Transmission Activities

The discussion document is available at the Ministry for the Environment Website.

Summary of submissions

Cabinet paper: report back on development of national environmental standards for electricity transmission

See the National environmental standards for electricity transmission webpage or email electricity@mfe.govt.nz

Last updated: 23 September 2008