Just one chance for say on water

Opponents and supporters of changes in a water plan for the Waitaki River will have only one chance to put their cases, and no appeal can go to the Environment Court if they are not happy with Environment Canterbury's decisions.

That could affect funding available to opponents to fight any changes.

ECan is proposing a change to the Waitaki catchment water allocation regional plan, which includes lowering the minimum flow.

There were about 550 submissions in the first round of consultation and about 80% opposed to what is known as Plan Change 3.

The plan was prepared in 2005 by a government-appointed panel under special legislation, the Resource Management (Waitaki Catchment) Amendment Act.

It did not allow an appeal to the Environment Court, only to the High Court and beyond, on points of law, and expired when the regional plan became operative.

However, after an inquiry by the Otago Daily Times, ECan confirmed Plan Change 3 will also be exempt from appeals.

Those making submissions, who range from individuals to opposition groups and supporters, will have only one chance to present their case when dates are set for a hearing by commissioners later this year.

An ECan spokeswoman said no Environment Court appeals on plans were part of the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010, which sacked elected councillors and replaced them with government-appointed commissioners.

Under this Act, no person may appeal to the Environment Court any decisions on regional plans. Appeals can only be made to the High Court on points of law.

That could leave some groups struggling to get funding to mount a strong case, particularly involving expert witnesses.

The Lower Waitaki River Management Society opposes the change and estimates it could need at least $30,000.

If it was not happy with the ECan hearing decision, it could have appealed to the Environment Court, which would have entitled it to apply for up to $50,000 from the Ministry of Environment's Environmental Legal Assistance Fund.

Money is only available for appeals to the Environment Court.

Society adviser Dugald MacTavish said it would apply in May to the fund for financial assistance for the ECan hearing regardless, arguing that because no appeal was allowed to the Environment Court, it should be entitled to funding.

The original plan allocated water throughout the catchment for various uses, set a minimum flow for the lower Waitaki River of 150cumecs at the sea, and put in place objectives, policies and rules for taking water from the river.

The plan change proposes to have minimum flows between 102cumecs and 150cumecs, provide assured reliability for irrigation, and more security when resource consents come up for renewal.

david.bruce@odt.co.nz

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