Information Sheet 4 - Options for National Guidance on Transmission Issues
[ Last Updated 12 January 2006 ]
April 2005
Also available as: Scoping a National Policy Statement on Electricity Transmission - Information Sheet 4 - Options for National Guidance on Transmission Issues [77 KB PDF]
Contents
The previous information sheets have advised of Reference Group debate about the need for a National Policy Statement and the possible scope of such an NPS.
The Reference Group's meeting on April 8 spent some time continuing that discussion.
However, the Reference Group also moved beyond those preliminary questions to focus on the policy options and to consider the legal basis, and precedent, for policies (and/or standards) that promote particular approaches to the issues.
This information sheet outlines the nature of those discussions.
Explaining the Nature of the Transmission Network
Transpower explained in some detail its belief that the transmission network differs from most other activities/infrastructure controlled by the Resource Management Act and why the transmission network, and the issues surrounding its efficient and effective management, are nationally significant.
Specific issues raised by Transpower include the following:
- Many of the effects of the network are not place-specific; they occur at the same scale and form across the network.
- The network itself traverses all local authorities (except Banks Peninsula and the Chatham Islands) and numerous planning zones with diverse planning controls.
- Historically the network was developed by enabling legislative provisions and not by way of the designation process or special zoning in district plans. As a result the network is now subject to the various and complex controls of individual territorial authorities.
- The network traverses land in private ownership and is at continual risk of constraint/impacts by landowner activities.
- Works on the transmission network are undertaken to meet demand from economic and population growth not as a means of achieving competitive advantage. In the absence of new generation in areas of electricity demand new lines are urgently required. This generally involves traversing areas that will not directly benefit from the works.
- Transmission assets remain in public ownership but some local authorities impose constraints on development that are designed to control potential competition. The resulting regulatory environment is unnecessarily restrictive.
Transpower supported its views with a number of examples of existing RMA practices.
The Statutory Criteria
The Reference Group discussed the criteria included in section 45 of the RMA. That section sets out the matters that the Minister may have regard to in determining whether it is desirable to prepare an NPS.
It was noted that an issue or activity does not have to be unique to be considered as a potential candidate for an NPS. Uniqueness is just one criteria of the 10 listed.
It was generally agreed that electricity transmission could be regarded as nationally significant and meets at least three of the criteria listed in section 45(2). These are (a) transmission potentially affects more than one region (b) issues associated with transmission potentially affect structures features or places of national significance; and (c) because of its scale, nature and potential degree of change to communities and resources, transmission is of significance to New Zealand.
That doesn't mean to say that an NPSought to be prepared (that being dependent on an evaluation under section 32). However, it does confirm that transmission could be a candidate.
The Role of NESs
Part of the Reference Group's brief is to look at the potential use of national environmental standards (NESs) for electricity transmission.
The Reference Group noted that NESs could apply both to the transmission network and to activities potentially affecting the transmission network. It also noted that standards in relation to electricity transmission could focus on:
- Specifying levels of environmental performance; or
- Specifying how local authorities should regulate the activity (by specifying the consent category and associated matters that should apply to the activity).
The potential for existing codes and guidelines to be incorporated into an NES by reference was also noted.
Further work will be required to determine what transmission issues might be best suited to an NES versus an NPS and what form of NES might best meet the need. The answers will be dependent, in part at least, on a judgement about the degree of discretion that is best left for local authorities to exercise.
The Positive Effects of Transmission
The potential scope of an NPS discussed in earlier meetings includes an acknowledgement of the potential national benefits of transmission.
The Reference Group discussed the potential for an NPS to include policies that give recognition to such benefits. This discussion included:
- A brief review of the definition of "effect" in section 3 of the RMA (which includes positive effects)
- Environment Court case law where the Court has given weight to national benefits
- A brief review of existing practice as reflected in local and regional plans and policy statements.
No conclusions were reached but the Reference Group tentatively acknowledged the ability for NPS policies to refer to positive effects.
The Adverse Effects of Transmission
The Reference Group also considered the actual and potential adverse effects of the transmission network.
The following effects were identified:
- Visual impacts (including impacts on landscape, amenity and rural character)
- Electric and magnetic fields
- Noise (from substations and corona)
- Light spill from substations
- Risks to public safety
- Discharges from pylons (zinc), particularly during cleaning
- Risks associated with hazardous substances (insulating oils)
- Effects that occur during the construction stages (roading and earthworks, vegetation clearance, biodiversity impacts, disturbance of archaeological sites and sites and landscapes of cultural value).
The question remains as to which (if any) of these effects should be targeted by national guidance and which should be left to local authorities to manage.
Options for Managing Effects on the Transmission Network
At the previous meeting the Reference Group discussed the appropriateness of controlling activities within a buffer corridor beneath transmission lines to ensure public safety and avoid interference with transmission and associated structures.
At the most recent meeting the Reference Group considered various options for the form and construction of policies that might promote such an approach. The options varied from the high level to prescriptive and detailed.
The Group agreed the need to consider policy options alongside options for potential NESs. One of the issues to emerge from the discussion was whether there would be a need to distinguish between activities under existing lines and activities under new lines. That issue will be discussed further at the next meeting.
The Process: A Reminder
This process is now well advanced. In line with the timetable previously provided, the Reference Group will shortly commence work on its draft report.
That report will be made available for public comment in May-June before being finalised and presented to Cabinet for consideration in July
To subscribe (or unsubscribe) to this information sheet email:
transmission-nps@med.govt.nz
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