Proctecting rivers under the new law

Press, 3 February 1982, Page 16

Proctecting rivers under the new law

By

OLIVER RIDDELL

in Wellington

Last year, Parliament passed the Water and Soil Conservation Amendment Act 1981, the main object of which is “to recognise and sustain the amenity afforded by waters in the natural state.” Conservationists disagree with the Ministry of Works and Developemnt over whether this legislation does in fact afford protection to wild and scenic rivers, as was Parliament’s intention.

In any event, copies of the legislation are now available from Government Bookshops and the National Water and Soil Conservation Authority has printed a brochure as a guide to applicants under the Act. In view of the mounting interest in Canterbury over the fate of the waters of the Rakaia River, the brochure has come al an opportune time. The Amendment Act provides for national water conservation orders and local water conservation notices. Their purposes include the protection of wild and scenic, and

other natural characteristics, of a river, stream or lake, and the protection of the recreational, fishery and other instream uses of the water. There is a limitation in the Act on who may apply for an order or notice. An applicant for a water conservation order must be a public authority, a statutory body or a Mimister of the Crown, and must have a function, power or duty relating to or affected by water and soil conservation. All applications are made to the Minister of Works (Mr Quigley) and must relate to a river, stream or lake (or part of one); underground water, swamps or coastal water are not included. An application must specify:— • The river, stream or lake (or part of them) to be preserved; or • The wild or scenic or other natural characteristics to be protected in a specified river, stream or lake; or • The recreational, fisheries, wildlife habitat, scientific or

other natural characteristics to be protected in a specified river, stream or lake.

Applications are for a “water conservation order” and may be processed as either a natural conservation order as a local water conservation notice. Which route is chosen is a matter for the Minister] initially, but retracking of an application can be made dunng its processing. Applicants should indicate whether an order or a notice is wanted.

The application may also ask for the retention of specific quantities, flows or levels (up to those naturally occurring) in the river, stream or lake. It may also ask for the fixing of ranges of flows and maximum and minimum levels to be sought. A prohibition on the damming of a river or stream (or part) may also be sought, as well as restrictions on the future granting of other water rights or general authorisations.

Since a national water conservation order can only provide for preserving a river, stream or lake in its natural

state or for protecting outstanding characteristics or features, any applicant asking for an order (as distinct from a notice) will need to substantia ate the claim that the characteristics or features are in fact “outstanding.” All applications will need to be properly supported by substantive.documentation and ar-

gument which shows the importance of the features to be protected, the need for establishing the protection sought and the acceptability of forgoing other development options if that is a relevant issue.

After consulting the National Water and Soil Conservation Authority, the Minister will decide whether an application

should be processed for a national water conservation or for a local water conservation authority. If a notice, then the Authority will process the application; if an order, the application is sent to the regional water board for action. The detailed procedures established in the Act are set out in the brochure.

Applications will be publicly notified and objections will be heard before a draft order or notice is prepared. The proposed draft is then publicly notified and any appeals resolved before the final order or notice is made.

An order or notice will be quite explicit about the waters and features that are preserved or protected, and what restrictions are imposed on other uses of the water. It is intended to be a declaration which preserves or protects certain natural characteristics and instream uses, and it may specify certain minimum conditions to be retained. It may explicitly or implicitly prohibit certain water rights from being granted.