2 Introduction
2.1 Background
The Ministry for the Environment is working with the Ministry of Health to introduce a "multi-barrier" approach to managing human drinking-water in response to risks presented by potential contaminants. The Ministry for the Environment is proposing a national environmental standard for human drinking-water sources under the Resource Management Act 1991 (RMA).
The proposed national environmental standard takes a pragmatic approach to protecting drinking-water sources, advocating consultative processes to identify and minimise potential cost impacts. The standard formalises practices and procedures already provided for, but that are variably applied, in order to minimise adverse effects on drinking-water sources, and other freshwater systems.
What are national environmental standards?
National environmental standards are regulations made under sections 43 and 44 of the RMA. Standards can be numerical limits, narrative statements, or methodologies that are in a legally enforceable form. These may include standards relating to:
- noise
- contaminants
- water quality, level or flow
- air quality
- soil quality in relation to the discharge of contaminants
- prescribing the methods of implementing such standards.
This proposed standard is a narrative statement.
What is a human drinking-water source?
For the purpose of this standard, a human drinking-water source is a natural water body (lake, river or groundwater) used to supply a community with drinking-water.
Further definitions are provided in Appendix 1 of this document.
2.2 Purpose of this document
The discussion document has been prepared to:
- help you understand the proposal and its potential costs and benefits
- help you prepare questions and feedback for the consultation workshops (see section 7, What next?)
- guide you in making a submission.
To help you formulate a submission, questions are posed on aspects of the proposed standard that we specifically want you to consider, but you are welcome to provide feedback on any aspect of the standard that has not been covered by a specific question.
2.3 National environmental standard development process
An outline of the standard development process, including the informal and formal submission process is shown in Figure 1. The Ministry has already completed the informal submission process, and notification of the standard package through this document is a step in the formal submission process.
Figure 1: Standard development process
Textual description of figure 1:
- Scope proposal with stakeholders
- Discussion document (steps 1 and 2 form the informal submission process of the public process)
- Public and iwi notification
- Submission period (steps 3 and 4 form the formal part of the public process)
- Close of submissions
- Analysis of submissions (summary of submissions publicly reported)
- Final proposal to the Minister
- Minister consults colleagues
- Legal drafting of the standard
- Draft becomes regulation
Note that the standard development process differs from the statutory plan and resource consent process in that there are no hearings or appeal provisions of First Schedule consultation.
The submission period is your opportunity to make a formal submission on the standard. An eight-week submission period is provided to enable people to have formal submissions approved by committees or boards. Details on how to make a submission are included in section 7, What next?
A summary of submissions will be published by the Ministry after the closing date.
2.4 Objectives of the standard
The intention of the proposed national environmental standard for source water is to contribute to a "multi-barrier" approach to managing human drinking-water. The national environmental standard will ensure there is a "catchment component" to managing human drinking-water (see Figure 2, Legislative boundaries), making certain there are controls within drinking-water supply catchments. The objectives of the standard are to:
- ensure consideration of resource consent applications includes assessment of the proposals' impact on community drinking-water supplies
- increase shared understanding between water suppliers, resource users, and regulatory authorities regarding the impact of their activities on other parties, particularly in respect to drinking-water standards
- ensure that regional councils periodically undertake a risk-based assessment of the impact of permitted activity rules on community drinking-water supplies
- ensure communication protocols are in place to protect community drinking-water supplies in the event of an unauthorised discharge
- enable councils to require appropriate action to be taken by drinking-water suppliers in the event of an accident or emergency
- highlight the boundaries between legislated responsibilities, particularly Ministry of Health legislation and the RMA.
