environmental management plan - port nelson · 2019. 4. 22. · port nelson environmental...

ENVIRONMENTAL MANAGEMENT PLAN

Issued By EO JANUARY 2016 Approved By IM Version 3.1

Annual Review Due EO January 2017 Document is Uncontrolled in Print

Port Nelson Environmental Management Plan Uncontrolled if printed. Version 3.1 P a g e | 2

DOCUMENT CONTROL VERSION NUMBER DATE DETAILS OF CHANGES MADE REVIEWED BY APPROVED BY

V 2.3 Feb 2015 Update to include management review, 2014/2015 EAP, current dates, change in EO.

Kelly Leonard Matt McDonald

V 3.0 Mar 2015 Content review, COP’S into separate document, addition of document control, amend order.


V 3.1 Jan 2016 Revised Environmental Policy, reviewed aspects/impacts. Reference to CUP, updated PNLC

members, updated org chart, revised audit schedule, updated acoustic treatment list.



EXECUTIVE SUMMARY This Management Plan sets out a framework for managing environmental issues. In it the responsibilities of Port Nelson Limited (PNL) and others to a sensitive coastal area are recognised, and a commitment to continuous improvement in environmental management is detailed. Nelson and the wider Tasman region depend on the Port of Nelson for the export of produce and the import of goods. Nearly 40% of the cargo exported is forest products, whilst 11% is fruit. The goods imported include oil, fertiliser and cement. The Port of Nelson is also the largest fishing port in New Zealand, and facilities include seafood-processing plants, transport depots, storage, boat builders and a marina. All port users and lessees are asked to comply with the concepts of the plan and to follow its policies and codes of practice. Nelson is one of the major marine-repair ports in New Zealand. Around 25 engineering firms, with over 500 full-time staff, support the local industry. Nelson has a slipway with a capacity of 2500 tonnes. In addition there is a 100-tonne slipway with a transfer system enabling 16 vessels to be out of the water at any one time. In the marina there are two cradle lifts and a travel lift for work on smaller vessels. In 1994, an Environmental Consultative Committee (PNECC) was formed. The PNECC’s role is to oversee the preparation of policy on environmental effects and to facilitate discussion in regard to procedures and operations. The PNECC also provides the forum for feedback between PNL and the wider Nelson community. The plan outlines legislation, policies and national regulations relevant to environmental management. It identifies significant environmental aspects along with targets to achieve continuous improvement in managing them through annual reporting against 15 targets. A Noise Policy, an Air Quality Policy and a Water Quality Policy have been included. We ensure that PNL staff are aware of the content of this plan through the various internal communication networks and formal induction procedures. Regular auditing of the codes of practice is undertaken to measure compliance and review their effectiveness. The Port Nelson Environmental Management Plan is a living document and will be updated and modified as necessary. The PNECC considers a range of options for managing the port environment, and is confident that the plan reflects a fair and balanced approach. We encourage any feedback and ideas that will assist in making the port area and neighbouring residential areas a better place to live and work.

Martin Byrne Chief Executive Officer Port Nelson Ltd


ACKNOWLEDGEMENTS PNL would like to acknowledge the contribution of Thomas Marchant and the Port Nelson Environmental Consultative Committee in the development of this plan. Please forward any comments regarding this plan to: Kelly Leonard Port Nelson Ltd, 10 Low Street, Nelson, Ph: (03) 548 2099 Email: [email protected]

Port Nelson Environmental

Management Plan Uncontrolled if printed. Version 3.0 P a g e |5

CONTENTS

Contents 1. INTRODUCTION AND SCOPE ...................................................................................... 8 1.1 Scope ................................................................................................................................................ 8 1.2 Structure of this Plan ........................................................................................................................ 8 2. PORT NELSON’S COMMITMENT TO THE ENVIRONMENT ........................................ 9 2.1 Environmental Policy Statement ...................................................................................................... 9 2.2 Environmental Management System ............................................................................................. 10 2.3 Figure 2.3 Continuous ImprovemenT ............................................................................................. 10 2.4 Strategic Environmental Plan (SEP) and objectives........................................................................ 10 2.5 A Consultative Approach – The PNECC .......................................................................................... 11

2.5.1 How the PNECC Operates ...................................................................................................... 12 2.5.2 Other Related Committees .................................................................................................... 12 2.5.3 Port Noise Liaison Committee ............................................................................................... 12

2.6 Environmental incentive programmes supported by PNL ............................................................. 13 2.6.1 Green Award Scheme ............................................................................................................ 13 2.6.2 Environmental Ship Index ...................................................................................................... 13

3. STRUCTURE AND RESPONSIBILITY......................................................................... 13 3.1 Figure 3.1 Dynamics of the Port ..................................................................................................... 14 3.2 Figure 3.2 Port Nelson Operational Area ....................................................................................... 15 3.3 Figure 3.3 PNL Management Structure .......................................................................................... 16 4. LEGAL AND OTHER REQUIREMENTS ...................................................................... 17 4.1 Procedure for Compliance ............................................................................................................. 17 4.2 Figure 4.1 Where the PNEMP Fits .................................................................................................. 17 4.3 Legislation....................................................................................................................................... 18

4.3.1 Resource Management Act 1991 .......................................................................................... 18 4.3.2 Resource Management (Marine Pollution) Regulations 1998 .............................................. 19 4.3.3 Maritime Transport Act 1994 ................................................................................................ 19 4.3.4 Hazardous Substances and New Organisms Act 1996 .......................................................... 20 4.3.5 Biosecurity Act 1993 .............................................................................................................. 20 4.3.6 Fisheries Act 1996 .................................................................................................................. 20 4.3.7 Environment Act 1986 ........................................................................................................... 21 4.3.8 Health Act 1956 ..................................................................................................................... 21 4.3.9 Port Companies Act 1988 ...................................................................................................... 21

4.4 Statutory Plans & Policies ............................................................................................................... 22 4.4.1 New Zealand Coastal Policy Statement ................................................................................. 22 4.4.2 Nelson City Council Regional Policy Statement ..................................................................... 22 4.4.3 Nelson Resource Management Plan ..................................................................................... 23 4.4.4 Nelson Air Quality Plan .......................................................................................................... 23 4.4.5 Port Nelson Noise Variation 07/01 ........................................................................................ 23

4.5 NCC Bylaws ..................................................................................................................................... 24



4.5.1 214 – Trade Wastes ............................................................................................................... 24 4.5.2 218 – Navigational SAFETY .................................................................................................... 24

4.6 PNL Environmental policy .............................................................................................................. 24 4.6.1 CODES OF PRACTICE .............................................................................................................. 24 4.6.2 Noise Policy (N) ...................................................................................................................... 24 4.6.3 Air Quality Policy (A) .............................................................................................................. 25 4.6.4 Water Quality Policy (W) ....................................................................................................... 25

5. ENVIRONMENTAL EFFECTS ..................................................................................... 25 5.1 Significant EnvironmentaL Aspects ................................................................................................ 27 5.2 Significance Ranking Process for Assessing and scoring Environmental Aspects. ......................... 29 5.3 Procedure for Assessing New Activities ......................................................................................... 31 5.4 Procedure for Non Compliance ...................................................................................................... 31 5.5 Codes of Practice & Management Plans ........................................................................................ 31 6. AUDITING .................................................................................................................... 31 6.1 External Auditing and Measuring Performance ............................................................................. 31 6.2 Internal Auditing – Codes of Practice ............................................................................................. 32 6.3 Internal Auditing - departmental ................................................................................................... 32 7. OBJECTIVES AND TARGETS .................................................................................... 32 7.1 Environmental Management System – Performance Indicators ................................................... 32

7.1.1 Targets for Fuel And Power Use ............................................................................................ 33 7.1.2 Targets for Waste Reduction ................................................................................................. 34 7.1.3 Targets for Methyl Bromide Use ........................................................................................... 34

8. AWARENESS & COMMUNICATION ........................................................................... 34 8.1 Staff and Contractor Inductions ..................................................................................................... 34 8.2 Standard Terms and Conditions ..................................................................................................... 34 8.3 Common User Protocol .................................................................................................................. 34 8.4 External and Internal Communication ........................................................................................... 34

8.4.1 Receipt of Communication from External Parties ................................................................. 35 8.5 Documentation and Document control ......................................................................................... 35

8.5.1 Procedure .............................................................................................................................. 36 8.5.2 Procedure for Electronic File Management........................................................................... 36

9. APPENDICES .............................................................................................................. 37 Appendix A – action points set against strategic objectives ....................................................................... 37 Appendix B – air quality policy, objectives, targets, management strategies ............................................ 39 Appendix C – Water quality policy, objectives, targets, management strategies ...................................... 42 Appendix D - Register of enviornmental aspects ........................................................................................ 48 Appendix E - Environmental Action Plan 2014/2015 .................................................................................. 54 Appendix F - Internal Audit Schedule .......................................................................................................... 56 Appendix G - Annual Performance against targets set for fuel and power use .......................................... 59 Appendix H – Environmental management system record control ............................................................ 60 Appendix I – Environmental Consultative Committee ................................................................................ 61 Appendix J – Port noise liasion commitee................................................................................................... 62 Appendix K – Synopsis of Environmental Reports Held by PNL .................................................................. 63



Appendix L - Definitions .............................................................................................................................. 69 Appendix M- List of Resource Consents ...................................................................................................... 73 Appendix N – Noise Management Plan ..................................................................................................... 109



1. INTRODUCTION AND SCOPE 1.1 SCOPE The scope of this plan is for the management of environmental aspects and impacts related to the provision of the following services within the Port Nelson Operational Area, and the Calwell Slipway of the international port facility in Nelson: The loading and unloading of containers. The loading of timber, logs, fruit and other cargo. Storage of freight. Container devanning and pre-tripping. Fumigation of cargo. Biosecurity activities. Marine services including tug and pilot services. Workshop services. Container washing and repair. Calwell Slipway operation.

1.2 STRUCTURE OF THIS PLAN The PNEMP is divided into ten main parts. 1. Introduction and Scope of The Environmental Management Plan (EMP),

2. PNL’s Commitment to the Environment, presents PNL’s Environmental Policy Statement and

the history behind the Environmental Consultative Committee (PNECC). 3. PNL’s Structure and Responsibility outlines the dynamics of the Port, PNL’s management

structure and where the Company has direct and indirect control. 4. Legal and other Requirements outlines the national regulations, legislation, statutory plans

and policies and Codes of Practice that PNL is obligated to follow when carrying out an activity that may impact on the environment.

5. Environmental Effects illustrates the environmental effects of PNL’s activities and the priority

given to addressing each effect. 6. Auditing contains PNL’s internal and external auditing procedures. 7. Objectives and Targets illustrates PNL’s environmental objectives and targets.

8. Awareness and Communication outlines the systems in place to increase staff awareness and

keep the community informed. 9. Appendices A through to N provides further details to the headings above, and includes

relevant additional policy including the noise mitigation plan, environmental reports held by PNL, the technical terms and abbreviations used throughout the Plan, and the internal audit schedule.



2. PORT NELSON’S COMMITMENT TO THE ENVIRONMENT 2.1 ENVIRONMENTAL POLICY STATEMENT The Environmental Policy Statement gives effect to PNL’s Statement of Corporate Intent, which includes within the Mission Statement:

To provide for the present and future needs of the Company in ways that are sensitive to people, use resources wisely and are in harmony with the environment of an export port.

Furthermore, the Statement of Corporate Intent contains the following Objectives, for which the Environmental Policy also gives effect:

To ensure that high environmental standards are maintained; To strive for continuous improvement in everything that we do.



2.2 ENVIRONMENTAL MANAGEMENT SYSTEM PNL is committed to implementing a functional, and continually improving Environmental Management System (EMS). In 2007 PNL became the first port in New Zealand to receive accreditation against the internationally recognised standard AS/NZS ISO 14001:2004, for continuous improvement in environmental management. The PNEMP is an important part of the development of the EMS. It establishes policies and plans for on-going implementation, monitoring and review. Figure 2.3 below illustrates the process of continuous improvement. 2.3 FIGURE 2.3 CONTINUOUS IMPROVEMENT

2.4 STRATEGIC ENVIRONMENTAL PLAN (SEP) AND OBJECTIVES A plan that outlines the strategic direction for environmental management at PNL was developed during the 2012 calendar year. The SEP has set high level objectives that have been developed from the PNECC objective review, and in consultation with staff and top management. The environmental vision statement (found within the overall company vision) is as follows:

Port Nelson will be a leader in sustainable environmental management in the New Zealand port industry.

In order to guide the decision making for activities that interact with the natural environment, and to enable the vision to be realised, the following five strategic objectives outline a holistic approach to sustainable environment management:



Strategic Environmental Objectives

Objective 1 – To implement innovative best practice approaches to environmental management that achieve PNL and stakeholder requirements.

Objective 2 – To integrate sustainable environmental management into PNL activities, business processes and decisions.

Objective 3 – To raise the environmental awareness of PNL personnel and port users through education, training and ready access to necessary information.

Objective 4 – To measure and report environmental performance as a part of a process of continual improvement.

Objective 5 – To manage our energy consumption and carbon emissions responsibly to reduce the PNL carbon footprint.

In order to realise these five Environmental Objectives by 2018, actions for each objective have been outlined and are attached in Appendix A.

2.5 A CONSULTATIVE APPROACH – THE PNECC Measures that actively demonstrate a proactive and consultative approach to environmental issues include establishing the Port Nelson Environmental Consultative Committee (PNECC), the development of this Environmental Management Plan (EMP), providing a public Environmental Issues Register and the various monitoring programmes (e.g. noise, water quality and fumigation). In 1994, the PNECC was formed. The composition of the committee is 2 representatives from environmental groups; 3 representatives from Port lessees/operators; 3 representatives from cargo shippers/transport operators; 1 representative from a shipping agent; 2 representatives of the Nelson City Council (Planning Manager and Environmental Officer); 3 representatives of PNL (Infrastructure Manager, Engineering & Hydrographic Officer, and

Environmental Officer); and Objectives of the PNECC are to oversee the preparation of policies on environmental effects, to discuss issues and recommend procedures to avoid, remedy or mitigate any adverse effects, and to keep the people they represent up to date on developments in the Port area. The Committee meets 4 times a year. Members of the PNECC work towards understanding each other’s concerns and, although the PNECC is a large group, it provides a forum through which Port operators can talk directly with residents, PNL, Nelson City Council (NCC), DOC and environmental groups.



The PNEMP was developed through an extensive process of ECC meetings, the distribution of a public discussion document in 1996 and the incorporation of public submissions to that document. It is recognised that policies still need to be developed for other issues and that all policies and actions will be continually reviewed. The PNEMP relies on the commitment of PNL. Reviews, audits and reporting are undertaken in an open manner and all relevant documents are publicly available. The focus of the PNEMP is on improving environmental performance by identifying and resolving issues promptly, efficiently and in a consultative way. 2.5.1 HOW THE PNECC OPERATES Committee members are volunteers and the group operates by a set of informal rules described here. The Committee may make formal recommendations to PNL which will be taken to the executive management by the chair. The management may then may accept, decline or consult with the Board on the recommendation. Recommendations are made by agreement requiring the majority of those present to support the motion in order for it to be passed. The chair is a member of the PNL Environmental Officer and reports back to the PNECC on the outcome of any recommendations made. Attendance by non members is at the invitation of the chair or as alternates for members. 2.5.2 OTHER RELATED COMMITTEES Where single issues requiring more in depth discussion exist, ‘focus groups’ or ‘sub committees’ are set up by PNL as consultative forums for environmental topics which require particular expertise or discussion. The PNECC may request actions by these committees and ask for reports. The committees have at least one representative nominated by the PNECC, who reports back to the PNECC after each committee meeting. Committees may make formal recommendations for consideration by PNL executive management. Management may then may accept decline or consult with the board on the recommendation. Recommendations are made by agreement requiring the majority of those present to support the motion in order for it to be passed. Members of subcommittees are invited to participate by PNL after consultation with the PNECC. A meeting convener is appointed by PNL. 2.5.3 PORT NOISE LIAISON COMMITTEE The Port Noise Liaison Committee (PNLC) in its current form was established on 5 March 2009 when the NCC resolved to adopt without modification the Commissioners’ recommended decisions on Variation 07/01 (Port Noise) to the NRMP. The PNLC meets no less than four times a year to consider all noise issues arising from the port operation and carry out the functions identified in the Port Noise Management Plan and any functions identified in Appendix 29.B. of the NRMP.



The committee is made up of an independent chairperson, three members appointed by the PNL, and three members appointed by residents living in the Port Hills residential area. The current membership (December 2015) of the PNLC is found in Appendix J of this Plan. 2.6 ENVIRONMENTAL INCENTIVE PROGRAMMES SUPPORTED BY PNL 2.6.1 GREEN AWARD SCHEME From December 1st 2009 PNL joined the Green Award Foundation, an internationally recognised programme that provides certification for vessels that meet stringent safety and environmental requirements PNL offers a 5% discount off tariff price for marine services for all tankers and bulk carriers certified by Green Award. http://www.greenaward.org/ 2.6.2 ENVIRONMENTAL SHIP INDEX

From February 2015 PNL joined the Environmental Ship Index (ESI) as an incentive provider. This scheme is part of the World Ports Climate Initiative’s programmes and assesses individual vessels based on their environmental (air pollution) performance. Starting 1 March 2015, the port offers a discount on Marine Tariff rates of 5% for ships with a score between 20-30 ESI points. Discount on Marine Tariff rates of 10% for ships with a score higher than 30 ESI points. http://www.environmentalshipindex.org/Public/Home

3. STRUCTURE AND RESPONSIBILITY Figures 3.1 and 3.2 show where PNL has direct control of activities and where it has indirect control as landowner through lease agreements. It is the desire of PNL for the PNEMP to be used throughout the Port area and for all Port users and lessees to manage environmental performance. PNL and the ECC will therefore encourage lessees and port users to become involved in implementing the PNEMP to improve the overall environmental conditions of the Port area. Where an adverse environmental effect has been identified as arising from the activities of a Port user or lessee, PNL will contact those responsible and work with them to ensure the best practicable option is taken to avoid, remedy or mitigate the effect. This may include ensuring that Codes of Practice are properly followed or developing new operating procedures. The management structure of PNL is shown in see Figure 3.3 The Infrastructure Manager is responsible for the implementation of the PNEMP.



3.1 FIGURE 3.1 DYNAMICS OF THE PORT Considerable Control Limited Control Direct Port Operations Indirect Port Operations Indirect Leased Land and

Harbour Channels

Ship Movement

Under control of PNL Pilots.

Some shipping in harbour channel

Some shipping under control of Tasman Bay

Pilots

Other pilots and masters shipping in harbour

channel

Ship at Berth All vessels at cargo berths - Fishing and other vessels at licensed wharves

Tugs/Pilot Launch PNL tugs/pilot launch - -

Cargo Receiving & Delivery

All cargo except logs and Stevedoring Services

(Nelson) Ltd (SSNL) cargo (general) on Port area

Logs and Other Independent Operators

Cargo on Port Controlled Areas

Cargo on leased area; e.g. fuel

Storage

All cargo except logs and cargo under control of

other port stevedores on Port area

Logs and Other Independent Operators

Cargo on Port Controlled Areas

Cargo stored on leased area, e.g. fuel

Marshalling & Stevedoring

Tasman Bay Stevedoring work except log

marshalling

Other marshalling and Stevedoring Co. work,

including logs

Ship work on licensed wharves

Ship Repair On PNL wharves

On Calwell Slipway or licensed wharves

- Nelson Slipway site.



3.2 FIGURE 3.2 PORT NELSON OPERATIONAL AREA

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4. LEGAL AND OTHER REQUIREMENTS The legislation plans and policies relevant to PNL’s environmental management are outlined in this section. 4.1 PROCEDURE FOR COMPLIANCE Alert24 is Thomson Reuter’s current awareness service providing the latest details on the legal and regulatory developments in key areas of practice. PNL receives daily email alerts which are reviewed for relevance to environmental legislation. Regional and District Plan Changes are also notified in the email alerts. 4.2 FIGURE 4.1 WHERE THE PNEMP FITS Resource Management Act 1991 National Environmental Standards (Air Quality)

National Policy Statements (New Zealand Coastal Policy Statement)

Nelson Regional Policy Statement

Nelson Resource Management Plan & Nelson Air Quality Plan

Port Nelson Environmental Management Plan Plans and legislation relevant to the PNEMP are: Legislation Biosecurity Act 1993

Environment Act 1986 Fisheries Act 1996 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Maritime Transport Act 1994 Port Companies Act 1988 Resource Management Act 1991 Resource Management (Marine Pollution) Regulations 1998

Statutory Plans Nelson City Air Quality Plan (Operative from September 2005) Nelson Regional Policy Statement (Operative from March 1997) Nelson Resource Management Plan (Operative from September 2004) New Zealand Coastal Policy Statement (Operative from September 1994)



Nelson City Council Bylaws Navigation Safety

Trade Wastes

Codes of Practice PNEMP 4.3 LEGISLATION There are various acts, national and regional, with which PNL must comply. Some are administered by various national government agencies and authorities, including the following: Ministry for the Environment (MfE); Ministry of Transport; Ministry for Primary Industries – Fisheries (formerly Ministry of Fisheries); Ministry of Health; and Ministry for Primary Industries (formerly Agriculture and Forestry MAF).

Regional councils and local authorities also administer sections of these acts. Any proposal for a new development must recognise the interrelationships between the core principles of the acts and guidelines to ensure that all relevant legislation is considered when preparing applications for resource consents and permits. 4.3.1 RESOURCE MANAGEMENT ACT 1991 The Resource Management Act 1991 (RMA) is the central piece of legislation influencing current and future Port operations and management. Its purpose is to establish an environmental framework that “promotes the sustainable management of natural and physical resources”. Sustainable management is promoted through managing the use, development and protection of natural and physical resources in a way, or at a rate, that enables resources to meet the reasonably foreseeable needs of future generations and that protects the natural character of the coastal marine environment and the life-supporting capacity of air, water, soil and ecosystems. Emphasis is on avoiding any adverse effects on the environment, with Section 17 – Adverse effects – imposing a general duty on every person to avoid, remedy or mitigate any adverse effects. Integrated resource management is achieved through appropriate co-ordination between agencies, principally central, regional and local government. Although MfE administers the RMA, the day-to-day responsibility is delegated to regional councils and territorial local authorities. NCC is a unitary authority, combining both regional and district council functions and responsibilities. Certain activities are permitted under the RMA; for those that are not (e.g. discharge to air, water, land or sewer), resource consents (granted by NCC) are required before the activity can be undertaken legally. The RMA also outlines enforcement and liability provisions for non-compliance with the conditions of resource consents. It is incumbent on PNL to ensure its activities meet acceptable environmental standards. For all discharges of contaminants, whether onto land or into water or air, NCC may require the use of the best practicable option through a condition attached to a discharge permit or rule in a plan. Section 12 of the RMA – Restrictions on use of coastal marine area – specifies activities that, unless permitted in a coastal regional plan or resource consent, are restricted in the coastal marine area. DOC is directly responsible for promoting the sustainable management of the natural and physical



resources of the foreshore, seabed, coastal water and airspace from the high-tide mark to the 12-nautical-mile limit under the New Zealand Coastal Policy Statement. In accordance with the RMA, PNL obtained a coastal permit to occupy the coastal environment; specifically, to exclusively occupy the coastal marine area beneath the wharves and adjacent wharves. The permit applies to an area extending 60 metres out from the Main Wharf, Brunt Quay, McGlashen Quay and Kingsford Quay. Around the rest of the Port reclamation area and along the northwestern margin of the Maitai reclamation, the permit applies to an area with a 30-metre radius around each of the shorelines. The permit also confers occupancy rights to an area with a 10-metre radius around each of the navigation aids sited in the coastal marine area at the Port. The permit is issued by the Minister of Transport under Section 384A of the RMA – Right of port companies to occupy coastal marine area – and is valid until 2026. The permit enables PNL to manage and operate the port-related undertakings that it acquired under the Port Companies Act 1988. PNL also possesses a waterway lease over navigation channels and approaches to the Port, valid until 2010. The lease includes those areas covered by the coastal occupancy permit and gives PNL the right to manage surface water activities therein, in terms of commercial operations. Requirements for dredging proposals are considered under Section 395 of the RMA – Applications for works in the coastal marine area. In March 2009, PNL obtained a coastal permit allowing maintenance dredging for up to 50,000 cubic metres of seabed every year from harbour channels. This permit allows PNL to discharge water and suspended material during dredging and dispose of dredge material at the Tasman Bay Spoil Ground. Conditions imposed include regular monitoring of dredge material for contaminants. PNL annually reviews a port development plan, which covers the operation and development of the commercial port area including the coastal marine area over which PNL holds its occupancy permit. All areas of land and water used for recreational purposes are excluded. The rights of PNL over this area are exercised subject to the requirements of the RMA and subject to the direction and control of the Harbourmaster under the Local Government Act 1974 and any regulations or bylaws made under that act. 4.3.2 RESOURCE MANAGEMENT (MARINE POLLUTION) REGULATIONS 1998 The Resource Management (Marine Pollution) Regulations (Marpol Regulations) relate to the implementation of the International Convention for the Prevention of Pollution from Ships (1973), and is administered by MfE. The purpose of these regulations is to avoid, remedy or mitigate any discharge of: oil, noxious liquid substances, sewage (treated), rubbish (garbage) and ballast water into the coastal marine area. The Marpol regulations also establish assessment criteria for granting applications to dump any waste or other matter. 4.3.3 MARITIME TRANSPORT ACT 1994 This act is administered by the Ministry of Transport and repealed the Marine Pollution Act 1974. It aims to protect the marine environment and enables the implementation of New Zealand’s obligations under the various international conventions relating to pollution of the marine environment. The act deals with obligations to protect the marine environment from harmful substances and establishes a procedure for an Oil Spill Response Strategy based on four tiers of contingency plans: Tier I: Shipboard and Site Marine Oil Spill Contingency Plan: PNL operative responsibility.



Tier II: Regional Marine Oil Spill Contingency Plan: NCC responsibility. Tier III: National Marine Oil Spill Contingency Plan: national responsibility. Tier IV: International responsibility.

Under Tier I, PNL has an obligation to ensure that harmful substances are not discharged into the coastal marine environment or onto the seabed from any ship, offshore installation or pipeline. PNL has a duty to report any discharge, escape of harmful substances or pollution incident to the regional council under the relevant legislation (Part XIX – Protection of marine environment from harmful substances). 4.3.4 HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT 1996 This act repealed the Dangerous Goods Act 1974 and the Toxic Substances Act 1979, and is administered by MfE. Its purpose is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances, new organisms (animals, plants or microorganisms that were not present in New Zealand when the New organisms part of the act took effect in July 1998) and any genetically modified organisms that have not been approved for release by MPI. The act ensures that there are measures in place to increase the awareness of adverse effects of these hazardous substances and new organisms on people or the environment and Section 76 – Requirements for containers, identification, disposal, emergencies, tracking and fireworks – outlines the procedures for the prevention and safe management of those effects, with emphasis placed on adequate identification, handling, labelling and disposal of packages or containers and on a detailed tracking system to determine the whereabouts of such substances at all times. 4.3.5 BIOSECURITY ACT 1993 This Act restates and reforms the law relating to the exclusion, eradication and effective management of pests and unwanted organisms, and is administered by MPI. Effective under the power of regional councils, the Biosecurity Act requires a regional council to carry out regular monitoring, to determine whether pests and unwanted organisms are present, and the surveillance of pests, pest agents and unwanted organisms. The regional council has statutory duties under the act to prepare proposals for, notify, make and implement pest management strategies and to gather information through research if doing so is necessary or desirable to enable it to act effectively. PNL’s role is to consult with the regional council, Customs, MPI and MfE regarding pest management strategies, unwanted organisms and containment measures. 4.3.6 FISHERIES ACT 1996 The purpose of the Fisheries Act is to provide for the use of fisheries resources whilst ensuring their sustainability. This act is administered by the Ministry for Primary Industires – Fisheries “and recognises that all persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries, shall take into account the associated or dependent fish species by ensuring they are maintained above the level that ensures their long-term viability, the biological diversity of the aquatic environment, and the protection of the habitats of significant fisheries”. This applies to PNL’s dredging activities (i.e. when dredging the existing port area and initiating future developments in regard to reclamation).



4.3.7 ENVIRONMENT ACT 1986 The Environment Act was written in 1986 to establish the Parliamentary Commissioner for the Environment and MfE, which administers the act. This act ensures the sustainable management of natural and physical resources that takes full and balanced accounts of intrinsic values of ecosystems, the principles of the Treaty of Waitangi and the needs of future generations. 4.3.8 HEALTH ACT 1956 The Minister of Health administers this act, with the assistance of Health and Safety Officers at the regional level. The Health Act 1956 requires local authorities to control any nuisances regarding watercourses, sanitary conveniences, cesspools or drains that are in such a state or situated as to be offensive, whilst also preventing any noise and vibrations to be emitted from any building, premises or land that are likely to be injurious to public health. Under Section 94 – Places of inspection for ships – the Health Act requires quarantine measures to be in place for ships arriving into New Zealand from any port beyond New Zealand, and ships arriving at any port in New Zealand from any infected place in New Zealand, to ensure that ships are not moored or berthed at any place except where inspection occurs. 4.3.9 PORT COMPANIES ACT 1988 The Ministry of Transport administers this act. The Port Companies Act 1988 was established to repeal the New Zealand Ports Authority Act 1968 and certain other enactments relating to ports and harbours. It also created new port companies. The purpose of this act is to promote improved efficiency, economy and performance in the management and operation of the commercial aspects of ports, and establish requirements concerning the accountability and ownership of such companies. The Port Companies Amendment Act 1993 repealed one section of the principal act: Section 30 – Designations under district schemes. Designation procedures for port companies are now in Section 420 of the RMA – Designations and requirements continued.



4.4 STATUTORY PLANS & POLICIES 4.4.1 NEW ZEALAND COASTAL POLICY STATEMENT Port facilities are subject to the provisions of the New Zealand Coastal Policy Statement. The presence of the Port in a relatively sensitive estuary of national significance increases the potential for adverse environmental impacts, including those related to: coastal circulation, handling and storage of hazardous substances, control of exotic organisms, provision of slipways and graving docks and stability of fill areas. Schedule 1 of the New Zealand Coastal Policy Statement sets out the circumstances in which activities with a significant adverse effect on the coastal marine area are “restricted coastal activities”. These activities, or those not covered in a plan, require a coastal permit authorised by the Minister of Conservation. The activities include reclamations, all activities associated with structures and the occupation of space, disturbance of the foreshore and seabed and deposition of substances in the coastal marine area. 4.4.2 NELSON CITY COUNCIL REGIONAL POLICY STATEMENT The PNEMP should be consistent with the NCC’s Regional Policy Statement (RPS) and proposed Resource Management Plan. Sections of the RPS that are relevant to PNL follow. Section 7.1 Management of the Coastal Environment Objective: “Achievement of the social, economic and cultural needs of the community within the coastal environment, while ensuring a high level of protection is afforded to the natural character and to natural and physical resources associated with the coast”. The RPS recognises that some uses and developments depend on the natural and physical resources in the coastal environment and are important to the social, economic and cultural well being of the community. The policies in this section make it clear that these uses and developments should be provided for so long as the quality of the environment is maintained. PNL undertakes to work closely with the Council on port-related issues to ensure that present and future operational needs are provided for, whilst also ensuring that adverse effects are avoided, remedied or mitigated. PNL welcomes the Council’s commitment to working with land managers, sector groups and other interest groups to develop strategies and/or Codes of Practice to avoid, remedy or mitigate any adverse effects caused by the release of sediment, chemical or biological contaminants into the coastal environment due to a particular land use. Section 13.1.2 Maritime Transport Objective: “The maritime transport needs of Nelson City and surrounding areas being met whilst avoiding, remedying or mitigating adverse effects on the environment and adjoining uses”. Policies under this objective recognise the regional significance of the port facilities and aim to minimise the conflict between heavy transport, road safety and residential amenity. Council encourages PNL, Port lessees and Port users to investigate adverse impacts on the environment of activities at the Port and to support the development of an environmental management plan. There is also an undertaking by the Council to investigate programmes to further study the implications of contamination and the stability of the Port’s reclamation in consultation with PNL.



4.4.3 NELSON RESOURCE MANAGEMENT PLAN This plan (NRMP) is a combined district (land use) and regional (coastal and land disturbance) plan, with air quality and freshwater sections. The Plan creates a “Port Industrial Area” comprising all industrial land on the seaward side of Haven Road and Wakefield Quay. Objectives for the area are the efficient use of natural and physical resources, and the maintenance and enhancement of the amenity of the Industrial and adjoining zones. Policies under these objectives: encourage the Port to reduce its level of adverse effects on the adjacent Residential Zone to acceptable limits; discourage non-industrial activities in the port area; require adequate and comprehensive mitigation of environmental constraints where any development occurs; and require activities located on the coast to provide an attractive appearance. Rules in the proposed RMP indicate which activities require resource consent, and the marine pollution (Marpol) regulations identify those discharging activities that are enforced by NCC. The information required for resource consent applications is also discussed. 4.4.4 NELSON AIR QUALITY PLAN This Air Quality Plan is an NCC plan, and has been designed to link with the Nelson Resource Management Plan (see above). This document considers air pollution caused by fine particles suspended in air (PM10), as well as other air pollutants from transport, industrial and domestic emissions. Rules controlling fumigation became operative in October 2008, after the Environment Court made its final decision on an appeal by the main contractor undertaking fumigation at the Port. Genera Ltd has a resource consent application lodged with the NCC to carry out QPS fumigation using Methyl Bromide within the Port Operational Area. PNL must abide by the objectives and policies set to ensure that dust, noise, smoke and fumigation emissions do not exceed targets. This requires on-going monitoring to ensure that targets are not exceeded. 4.4.5 PORT NELSON NOISE VARIATION 07/01 The noise variation is a change to planning provisions in the Nelson RMP to allow people living close to the Port to be safe from excessive noise and to allow PNL to use and develop its facilities. It is a fresh approach that offers flexibility for port operations and requires the Port Operator to be responsible for managing and minimising noise in the surrounding neighbourhood. It involves the preparation and use of: A Port Noise Management Plan; A Port Noise Mitigation Plan; A Port Noise Liaison Committee.

The Port Noise Management Plan includes procedures for reducing noise through staff training, noise modelling, monitoring, auditing, reporting procedures, and complaint handling procedures. The Port Noise Mitigation Plan provides mitigation for dwellings such as noise insulation and ventilation in affected residential areas around the Port.



The Port Noise Liaison Committee is discussed in the Noise Management Plan under Appendix H of this document. 4.5 NCC BYLAWS 4.5.1 214 – TRADE WASTES This bylaw affects any occupier of trade premises who, at any time after the establishment of this bylaw, discharges (or desires to discharge) trade wastes to any sewer. Trade premises are obligated to complete, to the reasonable satisfaction of the Council, an application (the form is in the Second Schedule) for the Council’s consent to discharge those trade wastes. 4.5.2 218 – NAVIGATIONAL SAFETY This bylaw outlines the necessary navigational and safety procedures required around a port and marina area. It specifically refers to adequate mooring and securing of vessels and prohibited anchorages. It places conditions on the use of vessel engines around wharves and ramps, the speed of vessels entering and exiting the harbour and vessels carrying explosives/oil. It specifies the notification of collisions or accidents to the Harbourmaster. The bylaw also states that no vessel is to sound whistles or horns within any Nelson harbour area unless testing the whistle, horn or siren before leaving any wharf. 4.6 PNL ENVIRONMENTAL POLICY

4.6.1 CODES OF PRACTICE The Codes of Practice (COP) are effectively PNL’s operationally focussed management plans that address the impacts of port activities that interact with the environment. The COP’s are constructed to ensure that the environmental impacts of activities are addressed, and where possible minimised. Personnel responsible for the activities that are controlled by the COP’s are also responsible for implementing the COP. The COP’s are subject to audits as per the audit schedule which can be found in Appendix F. 4.6.2 NOISE POLICY (N) The noise policy is covered in the Port Nelson Noise Management Plan (refer to Appendix H) and the Port Nelson Noise Mitigation Plan. (Refer to Appendix N). These documents implement port noise provisions in the Nelson Resource Management Plan. They also meet objectives for managing and mitigating port noise set in this plan in 1996. These documents are also available on our website.



4.6.3 AIR QUALITY POLICY (A) Mission Statement To identify impacts on air quality arising from Port Nelson activities and undertake a programme of improvements to reduce adverse effects working with Port Nelson staff, NCC and the air plan provisions, contractors, lease-holders and operators. Objectives, targets and actions taken relating to the air quality issues from activities at Port Nelson are further described in Appendix B. 4.6.4 WATER QUALITY POLICY (W) Vision: To contribute zero negative effect to water quality of Nelson Haven and Tasman Bay. Mission Statement: To use the legal requirements of the Resource Management Act 1991 as the absolute minimum levels of performance whilst also use best practicable options at all times to avoid, remedy or mitigate the effects of Port generated water pollution on our surrounding environs. This by a process of continual monitoring, updates and improvements to systems and consultation with our neighbours and the community. Regardless of the minimum legal conformance requirements, the ECC has resolved to do better, while appreciating that some improvements may take time to achieve. Historically complaints received by Port Nelson revolve around discoloration of harbour waters in the marina area and pollution of the harbour by vessels’ oil and waste. Priority will be given to resolve these impacts. Objectives, targets and actions taken relating to the water quality issues from activities at Port Nelson are further described in Appendix C.

5. ENVIRONMENTAL EFFECTS During October 2015, the environmental aspects of the Port’s operation were re-rated for significance in consultation internally and with the PNECC. Environmental aspects are reviewed every three years, with the next review scheduled for October 2018. Significant Aspects are defined as those that score 50 or above in the aspect ranking procedure, and are highlighted in green below. Ratings were assigned by scoring risk, impact, frequency, ability to influence, and legislative relevance. The procedure for ranking the environmental aspects is further detailed below in 5.2.



The significant Environmental Aspects are defined below, with a full register of environmental aspects listed in Appendix D. In addition to managing the significant aspects, the port also actively manages dust, resource use and waste generation. The Environmental Action Plan is defined annually, and lines up targets to progress the significant aspects into an annual plan. The 2014/2015 Environmental Action Plan is listed in Appendix E.

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5.2 SIGNIFICANCE RANKING PROCESS FOR ASSESSING AND SCORING ENVIRONMENTAL ASPECTS.

Purpose

This procedure defines the significance of environmental aspects for PNL. Significant environmental aspects will be given a priority focus and are actively managed by PNL

Significance Ranking of Environmental Aspects Methodology Assess Frequency of Occurrence:

PNL will assess how often each activity with an identified environmental Aspect is conducted at Port Nelson. Some activities, such as the maintenance of plant machinery have a higher rate of occurrence than others, such as maintenance dredging of the harbour channels. The scale for ranking this criterion is below.

Frequency of Occurrence 4 = Daily - Weekly 3 = Weekly - Monthly 2 = Monthly - Annually 1 = Less than Annually/Occasionally

Assess Importance to Business

Assess how important the activity is to the operation and success of Port Nelson as a business. Some activities such as the port wide operations and associated power consumption are of higher importance to the business than others such as Abrasive Blasting undertaken by contractors. The scale for ranking this criterion is below.

Importance to Business 4 = Critical/core business 3 = Important 2 = Normal 1 = Routine

Assess Legal Relevance

Port Nelson is committed to maintaining compliance with environmental laws and regulations. Therefore it is appropriate that Environmental Aspects with regulatory implications be managed through the EMS. Many activities, such as fumigation and associated Environmental Aspects are controlled by legally binding resource consents, whereas the recycling of waste is a voluntary initiative. The scale for ranking this criterion is below.

Legal Relevance 10 = National Legislation/Standards 8 = Council Regulations/Resource consents 6 = Business requirements e.g. ISO/COP 4 = Voluntary initiative 2 = No requirement



Assess Environmental Impact

Assess the severity of the Environmental Aspect’s associated impact on the environment. The scale for ranking this criterion is below.

Environmental Impact 12 = Moderate to significant effect, medium to long term. 9 = Minor to moderate effect, medium term. 6 = Minor and temporary. 3 = Less than minor and temporary.

Assess how much influence and control PNL has over the activity

Port Nelson has direct control and influence over activities such as stevedoring and the associated aspect of noise generation, whereas activities such as fumigation PNL has less influence over the contractors who undertake the activity on PNL land.

Ability to Influence 2 = Direct control. 1.5 = Some control. 1 = Little or no control.

Final Calculation of Significance

The maximum score an Environmental Aspect can get is 60. The minimum score an Environmental Aspect can get is 7. These scores are arrived by adding the scores for Frequency of Occurrence, Importance to Business, Legal Relevance and Environmental Impact together, and then multiplying by the Ability to Influence score. An example is shown below. Discharges to Air Activity/Operation

Plant Operations

Environmental

Aspect

Fuel Consumption

Environmental

Impact

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NOx, GHG

1. Frequency of Occurrence

2. Importance to Business

3.Legal Relevance

4.Environmental Impact

5. Influence/Control Total score

4 Daily– frequently 3 Monthly – not regular 2 Yearly 1 Occasionally

4 Very important 3 Important 2 Normal 1 Routine

8 Legally binding 6 Business requirements 4 Voluntary initiative 2 No requirement

12 Long term 9 Moderate or medium 6 Short term or light 3 Insignificant

2 = Direct Control 1.5 = Some influence 1 = Little or no influence

4 4 2 6 2 32



Selection of Significant Aspects Once calculations are completed and reviewed, the Environmental Officer in consultation with the environmental committee will designate those aspects for which there is demonstrated need for improvement. Significant environmental aspects shall be reserved to these that score 50 or greater on the aspect ranking system. 5.3 PROCEDURE FOR ASSESSING NEW ACTIVITIES New activities at the Port are considered for their environmental impact at the weekly operations meeting. Environmental aspects of new activities are considered and rated for significance using the determination of significant aspects protocol above. Significant projects undertaken by PNL also are considered for their environmental impact by the EO. Major projects where the effects are considered more than minor and temporary will have a project specific EMP developed to manage and mitigate any environmental risk and/or effects arising during that project. The project specific EMP would be considered and rated for significance using the determination of significant aspects protocol above. 5.4 PROCEDURE FOR NON COMPLIANCE Significant non compliance, and incidents require a yellow SHED (Safety, Health, Environmental and Damage) form to be completed. This records the nature of the non conformance, details of the investigation, both short and long term follow-up action and recommendations for improvements to procedures. Once all of the follow up actions are complete, the “all actions have been completed and carried out” field on the SHED report form will be circled as yes. The form is then ready for managerial sign off, and data entry into the VAULT database. 5.5 CODES OF PRACTICE & MANAGEMENT PLANS Codes of practice are found in the PNL Codes of Practice Folders, and in the read only area. These are documented procedures that control the various activities that result in an interaction with the environment. Environmental Aspects have been identified, ranked, and are included in the Environmental Aspect Register.

6. AUDITING 6.1 EXTERNAL AUDITING AND MEASURING PERFORMANCE PNL holds current AS/NZS ISO 14001:2004 accreditation. This includes: On-going review of measurable targets and their performance measures. Regular internal and external audits to ensure objectives set are being met and that Codes of

Practice are being internally audited for compliance.



6.2 INTERNAL AUDITING – CODES OF PRACTICE Most of the Codes of Practice listed have been in place for some time and are working well. Departmental audits, and COP reviews will be undertaken in accordance with the audit tool and audit schedule, additional audits may be undertaken, on an as required basis. A COP/departmental audit schedule is attached as Appendix F. 6.3 INTERNAL AUDITING - DEPARTMENTAL Internal auditing to meet the requirements of the AS/NZS ISO14001 standard is undertaken pursuant to the Environmental Audit Schedule that is found in Appendix F. The audit schedule is managed by the Environmental Officer, to ensure that all areas of the EMS are audited. The auditor will discuss the audit findings with appropriate departmental manager at the end of the audit, to agree on corrective actions, and outcomes, and to sign-off the audit. The results of the audit will be summarised in an Internal Audit Report. The Environmental Officer will maintain a record of all audits undertaken. A satisfactory audit indicates objective evidence has been obtained to demonstrate that the EMS has been implemented as planned and is effectively maintained, and that it conforms to the requirements of the standard. The Environmental Officer is responsible for reporting to the Infrastructure Manager the results of any audits completed.

7. OBJECTIVES AND TARGETS Environmental objectives and targets have been formulated through consultation with the PNECC, and through staff with operational responsibilities. The following performance indicators relate to our significant environmental aspects, and are reported on externally through the PNL Annual Report, or through the environmental committees. The performance indicators provide a measurement of how the environmental programmes are meeting the targets that have been set, and where the improvements are occurring. 7.1 ENVIRONMENTAL MANAGEMENT SYSTEM – PERFORMANCE INDICATORS Aspect Indicator 2008/9

target 2010/11 target

2011/12 target

2012/13 target

2014/15 target

Baseline 2005/6

Environmental Policy

Number of new permanent employees receiving environmental induction

100% 100% 100% 100% 100% 0

Compliance % of resource consent conditions complied with

100% 100% 100% 100% 100% 100%



Aspect Indicator 2008/9 target

2010/11 target

2011/12 target

2012/13 target

2014/15 target

Baseline 2005/6

Fuel Consumption

Fuel use (litres) per per teu of cargo handled.

10% reduction in use



20% 20% 8.1

Electricity Use Electricity use (KW hours)/ per teu of cargo handled


25% 30% 30% 20% 65.7

Waste Production

Waste generated per FTE employee (M3)

Continuous improvement

10% reduction in waste to landfill

15% reduction in waste to landfill

20% 20% 2.8

Methyl Bromide

Number of readings higher than the current OSH workplace standard (19/mg/m3) in areas not cordoned off during fumigation or venting.

0 0 0 0 0 0

Noise Generation

Number of noise complaints






31

Number of acoustic certificates issued

5 5 5 5 5 -

Oil Spills Number of oil spills when bunkering

0 0 0 0 0 3

Dust Emission Number of dust complaints


0 0 0 0 8

Internal Auditing

Number of internal audits completed

16 16 16 16 16 7

Number of non-conformances identified

- 0 0 0 0 6

Number of non conformances resolved

- - - 100% 100% 5

Number of new initiatives

10 12 15 Not recorded

Water Use Water use (m³) per teu

0.4 0.3 0.2 Not recorded

Hazardous Substances

Number of incidents

- 0

0

0 0 Not recorded

Compliance with legislation

- 100% Compliance

100% Compliance

100% 100% Not recorded

Results of Audits & re-certifications

- 100% Compliance

100% Compliance

100% 100% Not recorded

7.1.1 TARGETS FOR FUEL AND POWER USE Targets for power use are measured in energy use per teu, which provides a broad measurement between energy use and production from a 2005/6 baseline. Targets have been exceeded by a large margin, as shown in the Annual Performance Table referenced in Appendix G.



As a result of a port wide energy audit carried out in 2008, an energy action plan was drawn up which contains targets for fuel and power use. The energy action plan can be accessed here ..\..\..\Electricity water and fuel use\energy audit\energyactionplanfinal.pdf 7.1.2 TARGETS FOR WASTE REDUCTION Targets for waste reduction have been met in terms of identifying the current weight or volume of waste being sent to landfill, Identify waste streams for recycling/reuse and setting up collection systems for cardboard, plastics and paper. 7.1.3 TARGETS FOR METHYL BROMIDE USE Targets for methyl bromide use have been met with a review of the COP in 2009 to reflect new standards for methyl bromide recapture. Targets for 2014/15 are compliant with the resource consent conditions.

8. AWARENESS & COMMUNICATION

8.1 STAFF AND CONTRACTOR INDUCTIONS Staff inductions cover the following items: PNL’s environmental policy, EMS, d key objectives. Codes of Practice; Instruction on emergency actions Procedure for reporting and managing environmental incidents;

Contractors are inducted through the contactor induction programme run by the gatehouse, and additionally for the Calwell Slipway Site. 8.2 STANDARD TERMS AND CONDITIONS Standard Terms and conditions for lease agreements have a requirement to comply with PNL Environmental Management System, as well as all applicable legislation. 8.3 COMMON USER PROTOCOL The PNL Common User protocol is a document that port users are referred to when on site. There is a requirement to comply with PNL Environmental Management System, as well as all applicable legislation, and Port Nelson’s HSE Policies. 8.4 EXTERNAL AND INTERNAL COMMUNICATION The following table identifies how PNL communicates its environmental policies and performance to interested or affected parties, both external (e.g. public, regulatory authorities, lessees, shareholders) and internal (staff).



EXTERNAL INTERNAL rePORT – PNL magazine Personal contact (via complaints and comments) Environmental Consultative Committee Port Noise Liaison Committee CRM Complaint register Annual Report Media releases and support Contractor inductions Common user protocol Web site Port Open Days Resource consent application

rePORT - PNL magazine Incident reports Staff notice boards Staff meetings/briefings Inductions Internal Newsletters Leadership Team meetings 9:15 Operation meetings Learner Guides

8.4.1 RECEIPT OF COMMUNICATION FROM EXTERNAL PARTIES 1. Policy

Comments on policy are received through the PNECC meetings. Various topics are discussed and notes are kept. Recommendations for changes to procedures or policy may be made by the committee to the executive management team for their consideration.

2. Resource Consent Applications

Comments on proposed resource consent applications are received through the PNECC. For more significant issues stakeholder and public meetings are held to obtain feedback. Consultation with iwi may be part of this process or separate. Cultural impact assessments may be undertaken. The local authority submission process provides another opportunity for public or stakeholder comment.

3. Complaints

All environmental complaints are recorded in our Issues Register database which also records follow up action how action taken was reported back to the person who raised the issue. (See Issues Register COP for details). Complaints can be received by phone 24 hours a day. Complaints are also entered into the CRM system that tracks all investigation and communication activities.

4. Website Email Enquires

A designated staff member forwards email received via the website to the relevant staff member for reply.

5. Letters

Letters and responses to them are kept in the main filing system described below. 8.5 DOCUMENTATION AND DOCUMENT CONTROL Documentation is created to record information that is required to show conformance with legislation, ISO14001, environmental improvements, audits and reviews. Documents such as procedures and work instructions are also required to achieve greater operational control.



8.5.1 PROCEDURE The Environmental Officer owns all the corporate documentation in the EMS and is responsible for authorising, issuing and maintaining these documents. The Environmental Officer, is also responsible for coordinating function and local documentation to minimize repetition. This EMS is a controlled document and the latest live version is available to all PNL staff at U:\Exclusive\Pnl\Read Only\QM\QM EMS and to the public and port users on the Port Nelson website. Only the Environmental Officer, or nominated personnel, have write access and therefore control. Any printouts of EMS documentation will be uncontrolled copies, and cannot be treated as an up-to date version. The document footer states ‘uncontrolled if printed’. There are 6 controlled copies of the document as follows: Location and number of copy Kept by 1. Engineering Office, Admin Building Environmental Officer 2. Gatehouse Security Supervisor 3. Amenities Building Stevedore Operations Manager 4. Workshop Office Workshop Supervisor 5. Calwell Slipway Slipmaster 6. Quaypack Quaypack Manager All controlled documentation shall contain a revision date, and a title describing the document. A copy of obsolete documentation will be maintained by the Environmental Officer. An amendment record is located on page 2 of all controlled documents. This is maintained by the Environmental Officer, and details when and what changes are made as the document is reviewed/updated. 8.5.2 PROCEDURE FOR ELECTRONIC FILE MANAGEMENT PNL is moving towards electronic record management, in particular the environmental management information. The location for files relating to environmental management is located in the O Drive as follows: O\SuppSer\Environmental\Topic\Subtopic Related documents are to be scanned and saved to the appropriate folder with document name, version number and date of document (where appropriate). Computer data files are backed up daily and a weekly backup is held for 3 months. This allows the current electronically stored data to be maintained safely indefinitely. Electronic records are not currently formally archived. The EMS is accessible to all staff for viewing and printing thought a ‘read only’ directory in the PNL computer system. (U:\Exclusive\Pnl\Read Only\QM\QM EMS). Environmental reports are indexed and maintained for 25 years, or longer, in the engineering library. Details of PNL’s Environmental Management System Records Control are available under Appendix H.



9. APPENDICES

APPENDIX A – ACTION POINTS SET AGAINST STRATEGIC OBJECTIVES

Objective 1 – To implement innovative best practice approaches to environmental management that achieve PNL and stakeholder requirements.

1. Maintain accreditation of Environmental Management System to ISO14001:2004 standards.

2. Increase the proportion of recycled or recyclable materials purchased in preference to virgin materials.

3. Fumigation – Compliance with Resource Consent Conditions and COP.

4. Report on waste generated per employee, fuel and power use and achieve/exceed agreed targets.

5. Noise – Compliance with NRMP Port Noise Rules, and s16 of RMA (Unreasonable Noise) Noise Management Plan.

6. Methyl Bromide use – fully comply with Resource Consents and keep staff informed and updated.

7. Oil Spills - To avoid oil spills from vessels and cargo operations. To mitigate the impact of spills.

Objective 2 – To integrate sustainable environmental management into PNL activities, business processes and decisions.

1. Resources – Aim to continually decrease the amount of resources used by PNL including energy, water and materials.

2. Top level management agreement on PNL objectives for environmental sustainability.

3. Commitment to sustainability is published in the form of a vision/policy/plan, available to staff, stakeholders and the public

4. Sustainability Policy to include guidelines for sustainable procurement. To be referenced in Procurement Policy. Areas of procurement covered to include:

Plant Maintenance & workshop supplies; Vehicle purchases; Office supplies & equipment; ICT equipment; Building & construction including tendered work; Energy; Waste; Transport; Cleaning; Clothing and Uniforms.

5. Draft Resource Management Plans; Energy (fuel, electricity), Water, Paper, Consumables.

6. A review of iBright reporting framework, and policy framework developed around:

Driver Behaviour; Idling reports;



Fuel Usage; Carbon emissions.

7. Adoption of a PNL Policy to phase out old electrical fittings and replace with latest efficient technology

8. Adopt a port wide Waste Management Plan

9. Develop a ‘Green guide’ for all PNL events and functions E.g.

Golf Tournament; Christmas function; PNL Social Club functions.

10. Cleaning contract and cleaning methodology renegotiating based on sustainable principles.

11. Review number of secure bicycle parking spaces and options for additional spaces

Objective 3 – To raise the environmental awareness of PNL personnel and port users through education, training and ready access to necessary information.

1. Review existing training modules and assess Environmental training requirements.

2. Promote sustainable environmental management through PNL website and intranet.

3. Expansion of J2E Visual Management framework to include the targets and programmes in the Management Plans:

Noise; Energy; Carbon; Waste.

Objective 4 – To measure and report environmental performance as a part of a process of continual improvement.

1. Establish a system for managing, monitoring and improving on baseline data performance - EIR

2. Expand the Indicators of Environmental Performance in Annual Report to include more relevant criteria identified in Energy Management Action Plan.

Objective 5 – To manage our energy consumption and carbon emissions responsibly to reduce the PNL carbon footprint.



APPENDIX B – AIR QUALITY POLICY, OBJECTIVES, TARGETS, MANAGEMENT STRATEGIES

A1. ISSUE Impacts on air quality from the activities at Port Nelson arise from: A1.1 Dust from log storage areas and loading/unloading of bulk cargoes; A1.2 Abrasive blasting of vessels; A1.3 Emissions from large scale fuel storage tanks; A1.4 Methyl bromide emissions/discharges to air from fumigation; A1.5 Emissions from shore based plant and machinery and from ship generators; A1.6 Odours from fish and other industrial processing plants and storage facilities. The main areas of community concern are the generation of dust and particulates and methyl bromide emissions. A2. OBJECTIVES A2.1 To avoid, remedy or mitigate emissions from storage areas, unloading operations, abrasive

blasting, and port and fishing operations to ensure that there are no adverse effects on PNL staff, neighbours, the environment and seabed.

A2.2 To increase energy efficiency and conservation to reduce emissions of Co2 and NOx; A3. TARGETS TO MEET OBJECTIVES: A3.1 To comply with codes of practice for log loading and storage, bulk cargo operations, dust and

fumigation.

Responsibility: Infrastructure Manager. Involve: Stevedoring Managers, PNL staff, relevant lessees. By when: Ongoing. Performance measures: Audit codes of practice and report on progress Audit of fumigation against resource consent conditions (when granted); Implementation of code of practice provisions by operators; Number of readings within work areas or public areas higher than 5ppm (Workplace

Exposure Standard). (Port Nelson Approved Operators and external auditor, Applied Research monitoring records).

A3.2 To comply with and promote NCC Air Plan rules and ensure appropriate monitoring

programmes are in place.



Responsibility: Infrastructure Manager Involve: NCC

Performance measures: Provide fact sheet on rules for abrasive blasting to port users and lease holders in

partnership with NCC; Number of breaches of air plan rules.

A3.3 To improve management of dust emissions.

Performance measures: Audit Code of Practice and report on compliance; Staff knowledge and use of procedure for water cart use; Development and use of systems to mitigate dust prior to receiving complaints; Annual count of dust complaints.

A3.4 To maintain the issues register and encourage reporting of new emissions or odours or

breaches and avoid, remedy or mitigate the effects of the contamination at the source.

Performance measures: Issues register records; Staff and lease holder awareness of issues register purpose.

A3.5 To work with fumigation operators and STIMBR (Stakeholders in Methyl Bromide Reduction)

to facilitate investigation of options to reduce the quantity of methyl bromide used and/or to reduce the discharge of methyl bromide to air and support fumigation re-capture technology.

Performance measures: Records of investigations and support for alternatives.

A4. WHAT HAS BEEN DONE: General Shrub buffers planted on Hays and Graham Streets and solid fence

erected on southern boundary to reduce dust movement. Mesh screening placed over fences in log storage areas where required to protect sensitive areas.

Log Loading/Storage Code of Practice for minimising dust from log operations established and updated to reflect NCC AQ Plan rules.

Fertiliser Loading Code of Practice established for discharge of fertiliser.

Gypsum Loading/ Storage Information about chemical content and effect on health and safety obtained for gypsum. Code of Practice established for discharge of gypsum.

Abrasive Blasting Now a controlled activity in the NCC Air Plan. Sealord Products experimenting with different grits used in abrasive blasting of fishing vessels. (Draft code for Slipway).



Oil Storage Oil companies FSNZL to investigate emissions when tankers discharge into storage tanks. In the past no health hazard or danger of explosion at the nearest residential boundary has arisen but odour is noted. New Caltex tanks at Port Nelson site are fitted with “floating screens” to contain vapours and stop evaporation.

Transport Fletcher Challenge Forests established a programme to measure truck emissions. Study by Green Business Challenge on improving environmental effects by monitoring truck efficiency. Advised NCC of concern that proposed roundabouts on Wakefield Quay would cause additional emissions from trucks slowing and accelerating.

Ships’ Rubbish Incineration of ships’ rubbish eliminated with opening of Port’s Quarantine Station. Rubbish is transported to Christchurch airport for sterilisation.



APPENDIX C – WATER QUALITY POLICY, OBJECTIVES, TARGETS, MANAGEMENT STRATEGIES W1. ISSUES (i) Water quality impacts, which may harm sea life and the coastal and marine environment,

may arise from the following port-related operations: W1.1 Contaminants in water:

Storm water discharge from storage and wharf areas; Leachate or run-off from the log storage and log operational areas; Ballast water (see (iii) below); Cargo spillage to wharf areas.

W1.2 Discharges from vessels:

Sewage; Garbage; Oil spillage.

(Note: Although discharges from ships are not directly under the control of PNL, the conduct of ships within the Port will reflect on the effective operation of the Company.) W1.3 Activities covered by Port Nelson Codes of Practice: Cargo being loaded and unloaded; Abrasive blasting, antifouling operations and transfer of engine oils.

W1.4 Hull fouling by unwanted organisms. W1.5 Discharges from activities on areas of reclaimed land by port users and lessees. (ii) Hazardous substances, including oil and petroleum products, are transported to Nelson by

ship (through the coastal marine area), some are stored at Port Nelson pending transport to other destinations. It is a requirement of the RMA that risks associated with the storage, use or transportation of hazardous substances be minimised.

Possible adverse effects of hazardous substances include: contamination of water, soil and air; short- and long-term damage to ecosystems; accumulation of persistent substances in the bodies of humans and animals, resulting in

serious and/or long-term damage to their health; acute damage to human health through exposure to substances affecting skin, mucous

membranes, respiratory and digestive systems; damage to the environment, human health and property through fire and explosive events.

Because of the potential for contamination of the coastal marine area with toxic leachate, NCC prohibits disposal of hazardous substances (including harbour dredgings containing pollutants such as tri-butyl tin (TBT)) in the coastal marine area.



Responsibility for oil spills lies with the NCC for Tier II contingency plans (refer p. 20 – requirements of Maritime Transport Act 1994). PNL has responsibility for a Tier I plan for its own craft and tank wagons parked on wharves. PNL are also required to make equipment available to assist in cleaning up a spill. (iii) Ballast water produces a number of risks but perhaps the greatest of these is the unwanted

migration of exotic organisms. This issue is recognised by PNL as particularly important to this region and is controlled by Resource Management (Marine Pollution) Regulations 1998, and the Import Health Standard for Ships Ballast Water from all Countries, issued pursuant to Section 22 of the Biosecurity Act 1993.

W2. OBJECTIVES To avoid occurrence of (where possible), to remedy the effects of or to ensure appropriate mitigation of: W2.1 Contaminants in storm water discharges. W2.2 Contaminants in discharges from ships into the harbour. W2.3 Contaminants in discharges from wharf and reclamation areas. W2.4 Risks associated with storage, use and transportation of hazardous substances. W2.5 Oil spills from vessels/facilities/operations and the effects that they have. W2.6 Effects from pollutants dumped from dredging material into the dump ground. W2.7 Unwanted organisms. W3. TARGETS TO MEET OBJECTIVES: W3.1 Develop pollution reduction plans for each stormwater catchment draining from the Port

operating area.

Responsibility: Infrastructure Manager By when: As required by NRMP

W3.2 To monitor the content of storm-water discharges draining from the Port operating area and

to determine what action is required to avoid, remedy or mitigate at the source the effects of any contaminant found.

Responsibility: Infrastructure Manager Involve: Independent consultant By when: As required by NRMP

W3.3 To action the best practicable option to avoid, remedy or mitigate at the source the effects of

any contaminant found during the investigation of W3.2 above.



Responsibility: Infrastructure Manager Involve: Independent consultant By when: On going

W3.4 To encourage Port users and lessees to:

Investigate the content of storm-water discharges from each pipeline draining their work or leased area, plus the run-off area;

Determine what action is required to reduce at the source any contaminant; Take the best practicable option to mitigate the effects of any contaminant found

Responsibility: Infrastructure Manager Involve: Port users or lessees By when: On going as leases are renewed

W3.5. To investigate the potential for contaminated discharges from ships, determine the cause and effect of each contamination category, and work with national government agencies to implement the best practicable option to avoid, remedy or mitigate the effects of the contaminant at the source.

Responsibility: Infrastructure Manager Involve: Government agencies, shipping agents, By when: On going

W3.6. To review a register of hazardous substances used and stored by Port Nelson and develop a

contingency plan for dealing with them.

Responsibility: Infrastructure Manager, Cargo Operations Manager Involve: NCC By when: Ongoing

W3.8 To increase efficiency through practising deployment of Tier I and II response strategies.

Responsibility: Marine Operations Manager By whom: NCC, PNL, MSA and concerned parties By when: On going

W4. MONITORING W4.1 Independent consultant Monitoring Programme

Each stage of PNL’s water quality monitoring programme undertaken by consultant(s) is dependent on the results of the previous stage. Stage 1: Baselines have been established. Annual checks of baseline points will reveal

any changes; Stage 2: Depending on the results of Stage 1 contaminant sources may be able to be

identified by visiting various Port users and evaluating their operations. It may be necessary to undertake further sampling and analysis for further identification. Have the contaminant removed;



Stage 3: The Stage 1 baseline survey has provided the information from which the monitoring programme has been developed to enable monitoring of long-term changes in contaminant levels.

W4.2 Storm-water discharge

Monitoring of PNL storm-water discharges shall be as required under the discharge permit for each pipe whose catchment originates within the Port environment. The monitoring shall be undertaken consistent with conditions attached to the resource consent.

W4.3 Harbour/ballast water testing

In accordance with monitoring requirements as outlined by compulsory national and international Codes of Practice for controlling ballast water as outlined in W4.8.

W3. WHAT HAS BEEN DONE: General A 3-stage monitoring programme by the Cawthron Institute has been

initiated: Stage 1: Baseline survey of key areas, key contaminants and

their significance Stage 2: Identifying contaminant sources Stage 3: Monitoring changes in contaminant levels

Log Storage Cawthron Institute investigated and continues to monitor the effect of

discharges from log and wood-chip storage areas into the harbour. The results to date show that the natural toxin content from logs and bark in storm-water run-off is insignificant, with the main effect on water quality being discoloration. A suitable mixing zone extending between Brunt Quay and McGlashen Quay has been agreed. A Code of Practice is operational for environmental management of log storage areas and operations. Cages have been placed in sumps to filter out solid particles from the storm-water system. They are regularly emptied under contract and their contents disposed of at an appropriate land-based facility. These measures have the effect of minimising contaminants reaching the sea.

Ships’ Rubbish Rubbish collection from ships, its storage and disposal are undertaken within a PNL Standard Operating Procedure that is approved and audited by MPI. Rubbish from ships is transported regularly to an approved sterilisation facility near Christchurch.

Ships’ Sewage Sewage is removed from vessels by a private company as required (meets Target W4.5.). A survey by MPI Quality Management indicates Port Nelson does not have a significant problem with sewage from ships.



Washing Down A road sweeper truck undertakes sweeping and general clean up of all wharf areas when there is a log vessel in port and immediately after its departure.

Wash-Down Wash-down areas at the locations listed below incorporate either NCC-approved solids and oils separators or sewer/storm-water switches. These either prevent potentially contaminated water draining directly into the storm-water system and hence into the harbour, or ensure the separation of contaminants prior to discharge of water directly into the storm-water system. PNL workshops; Toll/Owens Services’ workshops; Dickson Boat Builders’ haul-out.

Container wash-down areas/quarantine facility

Construction of a container wash-down facility within the container yard that is used to clean imported empty containers prior to their release to customers. Operation of the Quarantine Facility that is used to clean vehicles, hoppers as well as some containers. The systems above include storm-water/sewer switches for on/off operations, separation and collection of solid particles, and holding tanks for possible treatment of waste. Both facilities have MPI approval and are audited as part of both PNL Internal Procedures and MPI operational procedures.

Fertiliser/gypsum/ clinker/slag discharge

Codes of Practice have been established for these products for unloading (discharge) to prevent contaminants entering the sea.

Reclamation Recognition that reclamation should not proceed unless absolutely necessary. Rationalisation of existing port reclamation will occur as an alternative to future reclamation.

Ships’ Ballast Promoted formation of a national policy on ships’ ballast water through National Working Party of Port Companies of NZ, Royal Society symposium and supporting NCC. Ballast discharge is controlled by Resource Management (Marine Pollution) Regulations 1998, and the Import Health Standard for Ships Ballast Water from all Countries, issued pursuant to Section 22 of the Biosecurity Act 1993 A research project by the Cawthron Institute and funded by MPI (report No 417 completed October 1997). The project provides detailed information about the ballast tank configuration of ships. A system for categorising vessels according to ballast water management has been devised and a simple sampling plan and sampling kit will be developed.



Ships’ Oil Input into NCC Tier II Oil Spill Contingency Plan. Management Plan formulated for portable fuel discharge pipeline on Main Wharf. A bunding or spill containment area on the Main Wharf is in place whilst a tanker is discharging, in case of accidental spill. Audit of tanker berth and operation of fuel discharge undertaken and minor problem areas remedied. Independent contractor collects ships’ oil waste at wharf-side for recycling.

Hazardous Substances

Spill kits established at key points to contain minor spills of hazardous chemicals oil etc prior to arrival of NZ Fire Service for clean up process. Hazardous storage areas for containers and tanktainers have been established.

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and

mai

nten

ance

of

facil

ities

.

Noise

gen

erat

ion.

Am

enity

and

hea

lth e

ffect

s. 3

3 8

6 2

40

Dust

disc

harg

e.

Cont

amin

atio

n of

air,

land

, and

wat

er,

nuisa

nce,

use

of w

ater

. 3

3 6

6 2

36

Haza

rdou

s was

te

gene

ratio

n (e

.g. a

sbes

tos)

. He

alth

effe

cts,

cont

amin

atio

n of

air,

land

an

d CM

A. La

nd u

se, a

ccum

ulat

ion.

2

3 10

12

2

54

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|51

Non-

haza

rdou

s was

te

gene

ratio

n.

Cont

amin

atio

n of

land

, wat

er, a

ir, la

nd

use,

acc

umul

atio

n.

3 3

6 9

2 42

Stor

mw

ater

disc

harg

e.

Cont

amin

atio

n of

CM

A.

3 3

6 9

2 42

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

3 3

6 3

2 30

Pain

t/so

lven

t mixi

ng.

Accid

enta

l disc

harg

e to

la

nd, s

torm

wat

er, a

nd/o

r CM

A.

Cont

amin

atio

n to

land

and

/or C

MA.

3

2 6

9 1.

5 30

Petr

oleu

m st

orag

e an

d tr

ansf

er.

Disc

harg

e or

spill

Co

ntam

inat

ion

of la

nd a

nd/o

r CM

A.

3 4

8 12

1.

5 41

Load

ing,

stor

age,

un

load

ing

of d

ry b

ulk

carg

o (e

.g. f

ertil

iser).

Disc

harg

e/sp

ill o

f bul

k m

ater

ial.

Disc

harg

e to

land

and

/or C

MA.

3

4 8

6 1.

5 32

Fugi

tive

dust

disc

harg

e to

ai

r. He

alth

effe

cts,

nuisa

nce.

3

4 8

6 1.

5 32

Run

off f

rom

trac

ked

mat

eria

l. Co

ntam

inat

ion

of st

orm

wat

er a

nd o

r CM

A.

3 4

8 6

1.5

32

Mov

emen

t and

stor

age

of lo

gs.

Fugi

tive

dust

disc

harg

e to

ai

r. He

alth

effe

cts,

nuisa

nce.

4

4 8

6 2

44

Fugi

tive

dust

disc

harg

e to

st

orm

wat

er.

Cont

amin

atio

n of

CM

A.

4 4

6 6

2 40

Log

leac

hate

disc

harg

e to

st

orm

wat

er.

Cont

amin

atio

n of

CM

A.

4 4

6 6

1.5

30

Log

debr

is bu

ild u

p in

su

mps

. Po

ndin

g, n

uisa

nce.

4

4 4

3 2

30

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|52

Site

adm

inist

ratio

n ac

tiviti

es.

Was

te g

ener

atio

n.

Was

te to

land

fill,

cont

amin

atio

n.

4 4

6 3

2 34

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

4 4

6 3

2 34

Dust

min

imisa

tion

miti

gatio

n.

Use

of w

ater

. De

plet

ion

of n

atur

al re

sour

ces.

4 3

6 3

2 32

Plan

t Mai

nten

ance

Disc

harg

e of

flui

ds,

solv

ents

. Co

ntam

inat

ion

of a

ir, la

nd, s

torm

wat

er,

CMA.

4

4 8

6 2

44

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

4 4

6 3

2 34

Proc

urem

ent o

f m

ater

ials

and

serv

ices.

Insu

fficie

nt e

nviro

nmen

tal

cons

ider

atio

n.

Reso

urce

dep

letio

n, in

crea

sed

reso

urce

us

e, in

crea

sed

was

te g

ener

atio

n.

4 3

4 6

2 34

Was

hdow

n of

pla

nt

equi

pmen

t and

carg

o.

Disc

harg

e of

cont

amin

ated

w

ater

Co

ntam

inat

ion

of a

ir, la

nd, s

torm

wat

er,

CMA.

4

2 6

6 2

36

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

4 2

6 3

2 30

Bulk

stor

age

of li

quid

(n

on h

azar

dous

). Ac

ciden

tal d

ischa

rge

thro

ugh

leak

or s

pill.

Co

ntam

inat

ion

of la

nd, a

ir or

CM

A.

3 3

8 6

2 40

Fum

igat

ion

of ca

rgo.

Disc

harg

e of

fum

igan

t to

air.

Cont

amin

atio

n of

air,

acc

umul

atio

n,

ozon

e de

plet

ion,

hea

lth e

ffect

s. 4

4 8

12

1.5

42

Was

te g

ener

atio

n (h

azar

dous

and

non

ha

zard

ous)

.

Incr

ease

d vo

lum

e to

land

fill (

haza

rdou

s an

d no

n ha

zard

ous)

, acc

umul

atio

n,

decr

ease

d am

enity

. 4

4 8

9 1.

5 38

Pre-

trip

ping

cont

aine

rs.

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

4 4

4 3

2 30

Cont

aine

r was

hing

and

re

pair.

Noise

gen

erat

ion.

Am

enity

effe

cts,

heal

th e

ffect

s. 4

4 8

6 2

44

Spra

y dr

ift, d

ischa

rge/

spill

Co

ntam

inat

ion

of a

ir, la

nd, w

ater

, 4

4 6

6 2

40

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|53

from

wat

erbl

astin

g.

nuisa

nce.

Reso

urce

use

. De

plet

ion

of n

atur

al re

sour

ces.

4 4

6 6

2 40

Accid

enta

l disc

harg

e of

co

ntam

inat

ed w

ashw

ater

. Co

ntam

inat

ion

of la

nd, s

torm

wat

er a

nd

CMA.

4

4 8

6 2

44

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|54

APP

END

IX E

- EN

VIR

ON

MEN

TAL

ACTI

ON

PLA

N 2

014/

2015

As

pect

Ac

tion

Cont

act

Noi

se G

ener

atio

n Ho

ld a

t lea

st 4

Noi

se Li

aiso

n Co

mm

ittee

Mee

tings

Co

ntin

uous

noi

se m

onito

ring

and

repo

rtin

g as

per

NRM

P Co

ntin

ue w

ith a

cous

tic tr

eatm

ent o

f Sta

ge O

ne p

rope

rtie

s as r

eque

sted

by

owne

rs

Unde

rtak

e as

sess

men

ts a

nd a

cous

tic tr

eatm

ent o

f Sta

ge T

wo

and

Stag

e Th

ree

prop

ertie

s as r

eque

sted

by

owne

rs

Cont

inue

inte

rnal

noi

se a

war

enes

s pro

gram

me

Cont

inue

inve

stig

atio

n in

to st

rate

gies

/idea

s for

redu

cing

onsit

e no

ise p

rodu

ctio

n

Kelly

Dust

Co

ntin

ue to

be

proa

ctiv

e in

dus

t min

imisa

tion

by co

mpl

ianc

e w

ith th

e CO

P Co

ntin

ue w

ith u

se o

f dus

t sup

pres

sant

whe

n lo

g ac

tivity

is q

uiet

(eg

Chris

tmas

per

iod)

TB

S

Haza

rdou

s sub

stan

ces

Mai

ntai

n Lo

catio

n Te

st C

ertif

icat

e re

quire

men

ts

Mai

ntai

n lis

t of H

azar

dous

subs

tanc

es

Com

plia

nce

with

legi

slatio

n Cr

eate

a H

azar

dous

Was

te M

anag

emen

t Pla

n

Kelly

Dred

ging

Co

mpl

ianc

e w

ith co

nditi

ons a

ttac

hed

to re

sour

ce co

nsen

t Co

ntin

ue LT

MP

in a

ccor

danc

e w

ith sc

hedu

le

Mur

ray

Wat

er u

se

Mon

itor d

aily

use

to e

stab

lish

early

war

ning

of l

eaks

Us

e PN

L tan

k fa

rm a

s prio

rity

sour

ce fo

r wat

er ca

rt

Bill

TB

S M

ethy

l Bro

mid

e M

onito

r cod

e of

pra

ctice

Au

dit f

umig

atio

n ag

ains

t Res

ourc

e Co

nsen

t con

ditio

ns

Kelly

Ener

gy

Impl

emen

t Ene

rgy

Actio

n Pl

an to

ach

ieve

a 2

5% in

crea

se in

effi

cienc

y on

the

2005

/6 b

asel

ine.

(see

link

nex

t pag

e)

Inve

stig

ate

emiss

ions

inve

ntor

y fo

r Por

t Ope

ratio

ns (c

arbo

n fo

otpr

intin

g)

Fina

lise

and

impl

emen

t visu

al m

anag

emen

t to

trac

k en

ergy

use

/tar

gets

Ta

rget

20%

redu

ctio

n in

ele

ctric

ity u

se fr

om 2

012

figur

es o

n a

per u

nit o

f car

go b

asis

Kelly

M

ason

Was

te

Cont

inue

to p

rom

ote

was

te re

duct

ion

initi

ativ

es

Cont

inue

to a

ctiv

ely

scop

e fo

r rec

yclin

g op

port

uniti

es

Inve

stig

ate

orga

nic

was

te st

ream

redu

ctio

n Cr

eate

a W

aste

Man

agem

ent P

lan/

Code

of P

ract

ice

Targ

et 2

0% re

duct

ion

in w

aste

vol

umes

from

201

2 fig

ures

on

a pe

r uni

t of c

argo

bas

is

Kelly

Oil

Spill

s M

aint

ain

com

plia

nce

with

Oil

Spill

Con

tinge

ncy

Plan

O

il Sp

ill re

spon

se to

test

the

Emer

genc

y Re

spon

se P

roce

dure

Wor

ksho

p

Wat

er q

ualit

y Re

view

the

sedi

men

t mon

itorin

g pr

ogra

mm

e

Mur

ray

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|55

Aspe

ct

Actio

n Co

ntac

t Re

gula

r sum

p cle

anin

g pr

ogra

mm

e Co

nstr

uctio

n pr

ojec

ts to

hav

e co

nsid

erat

ion

for S

torm

wat

er M

anag

emen

t Pla

ns w

here

app

ropr

iate

Ke

lly

Bios

ecur

ity

Crea

te C

OP’

s bas

ed o

n Po

rt o

f Firs

t Arr

ival

Doc

umen

tatio

n Bi

osec

urity

bre

ach

Emer

genc

y Re

spon

se P

lan

Hold

TSM

BP m

eetin

g

Kelly

Inte

rnal

Aud

its

Cont

inue

dep

artm

enta

l aud

its in

acc

orda

nce

with

aud

it to

ol

Revi

ew C

OP

Co

ntin

ue n

on co

mpl

ianc

e re

port

s/in

vest

igat

ions

, and

use

as a

tool

to d

rive

impr

ovem

ents

in C

OP’

s (SH

ED re

port

s, CR

M)

Kelly

Envi

ronm

enta

l Pol

icy

Deve

lop

Port

Nel

son

Envi

ronm

enta

l Sus

tain

abili

ty P

lan

Cont

inue

env

ironm

enta

l sta

ff in

duct

ions

Re

port

aga

inst

15

targ

ets i

n An

nual

Pla

n Ho

ld 4

PNE

CC m

eetin

gs

Inclu

de e

nviro

nmen

tal i

ssue

s in

rede

velo

pmen

t of C

omm

on U

ser P

roto

col

Fina

lise

deve

lopm

ent o

f visu

al m

anag

emen

t dat

a/re

port

ing

for f

uel,

elec

trici

ty a

nd w

aste

Kelly

Fuel

Con

sum

ptio

n Fi

nalis

e an

d im

plem

ent v

isual

man

agem

ent t

o tr

ack

ener

gy u

se/t

arge

ts Im

plem

ent I

dlin

g Po

licy

Re

sear

ch v

iabi

lity

of so

me

elec

tric

cars

for c

ompa

ny fl

eet

Cons

ider

atio

n of

fuel

redu

ctio

n im

plica

tions

for n

ew tu

g pu

rcha

se.

Kelly

& C

raig

M

att

Pow

er C

onsu

mpt

ion

Fina

lise

and

impl

emen

t visu

al m

anag

emen

t to

trac

k en

ergy

use

/tar

gets

Con

tinue

LED

ligh

ting

tria

l ahe

ad o

f com

mitt

ing

to n

ew

LED

high

-mas

t lig

htin

g Ke

lly

Envi

ronm

enta

l As

pect

s 3

year

ly re

view

prio

r to

Oct

ober

201

5 Ke

lly

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|56

APPE

ND

IX F

- IN

TER

NAL

AU

DIT

SC

HED

ULE

In

tern

al a

udits

of

the

Port

Nel

son

Envi

ronm

enta

l Man

agem

ent

Syst

em w

ill c

ondu

cted

acc

ordi

ng t

o th

e fo

llow

ing

sche

dule

. In

divi

dual

dep

artm

enta

l on

site

asse

ssm

ents

/che

cklis

ts a

re in

clude

d w

ithin

the

audi

t too

l. D

OC

UM

ENTA

TIO

N

TITL

E R

EVIE

W

CYC

LE

NEX

T D

UE

AUD

ITS

2015

JA

N

FEB

M

AR

APR

M

AY

JUN

JU

L AU

G

SEP

OC

T N

OV

DEC

EM

P An

nual

ly

Dec

16

O

O

O

O

Envi

ronm

enta

l Po

licy

5 ye

arly

20

20

O

Envi

ronm

enta

l As

pect

s 3

year

ly

2018

O

Obj

ectiv

es,

Targ

ets a

nd

Prog

ram

mes

5

year

ly

2016

O

Emer

genc

y Re

spon

se

Proc

edur

es

Annu

ally

20

16

O

Emer

genc

y Dr

ill

Sche

dule

(H&

S)

Annu

ally

20

16

O

Inte

rnal

Aud

it Pr

ogra

mm

e 2

year

ly

2018

O

EMS

(aga

inst

ISO

14

001)

An

nual

ly

2016

O

Envi

ronm

enta

l Co

mpl

ianc

e An

nual

ly

2016

O

Man

agem

ent

Revi

ew

Annu

ally

20

16

O

A

s at

Dec

embe

r 201

5

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|57

CO

DES

OF

PRA

CTI

CE

TI

TLE

REV

IEW

C

YCLE

N

EXT

DU

E AU

DIT

S 20

15=O

201

6=X

JA

N

FEB

M

AR

APR

M

AY

JUN

JU

L AU

G

SEP

OC

T N

OV

DEC

Ab

rasiv

e Bl

astin

g 2

year

ly

DEC

201

7

O

Calw

ell S

lipw

ay

EMP

2 ye

arly

JU

N 2

017

O

Clin

ker D

ischa

rge

2 ye

arly

FE

B 20

16

X

Cont

aine

r Was

hing

2

year

ly

JAN

201

6 X

De

sign

and

Land

scap

ing

2 ye

arly

D

EC 2

017

O

Dust

Min

imisa

tion

2 ye

arly

N

OV

2017

O

Fert

ilise

r Disc

harg

e 2

year

ly

JUL

2017

O

Fum

igat

ion

2

year

ly

OC

T 20

17

O

Ga

rbag

e Tr

ansf

er

Stat

ion

2 ye

arly

AP

R 2

016

O

Gyps

um D

ischa

rge

2

year

ly

MAY

201

6

X

Lig

htin

g 2

year

ly

JUN

201

6

O

Log

Stor

age

Area

s 2

year

ly

MAR

201

6

X

Po

rt B

iose

curit

y Ri

sk M

anag

emen

t 2

year

ly

DEC

201

6

O

Ship

s Ber

thin

g 2

year

ly

JAN

201

6 X

W

orks

hop

2

year

ly

SEP

2017

O

As

at D

ecem

ber 2

015

Po

rt N

elso

n En

viro

nmen

tal

Man

agem

ent P

lan

Unco

ntro

lled

if pr

inte

d.

Vers

ion

3.0

Pa

ge

|58

DEA

PRTM

ENTA

L A

UD

ITS

TI

TLE

REV

IEW

C

YCLE

N

EXT

DU

E AU

DIT

S 20

15=O

201

6=X

JA

N

FEB

M

AR

APR

M

AY

JUN

JU

L AU

G

SEP

OC

T N

OV

DEC

Ca

lwel

l Slip

way

An

nual

ly

JUL

2016

O

Mar

ine

Annu

ally

FE

B 20

16

X

Term

inal

Op’

s (in

cl w

ash)

An

nual

ly

JAN

201

6 X

Qua

ypac

k (e

xcl

Qua

rant

ine)

An

nual

ly

NO

V 20

16

O

Qua

rant

ine

Annu

ally

D

EC 2

015

O

M

arin

e An

nual

ly

JAN

201

6 X

Ge

nera

An

nual

ly

OC

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APPENDIX G - ANNUAL PERFORMANCE AGAINST TARGETS SET FOR FUEL AND POWER USE Annual electricity targets and consumption are tabled below. In 2013/2014 targets were exceeded. Year Baseline (2005/6)

(kWh/teu) Target Actual

2007/8 65.7 62.415 (5% reduction) 60.60 (7.8% reduction) 2008/9 65.7 59.13 (10% reduction) 50.93 (22.5% reduction) 2009/10 65.7 55.8 (15% reduction) 48.39 (26.4% reduction) 2010/11 65.7 52.56 (20% reduction) 55.43 (15.6% reduction) 2011/12 65.7 49.28 (25% reduction) 55.39 (15.7% reduction) 2012/13 65.7 45.99 (30% reduction) 49.55 (24.6% reduction) 2013/14 65.7 45.99 (30% reduction) 44.06 (32.9% reduction) Annual fuel targets and consumption are tabled below. In 2013/2014 targets have not been met. Year Baseline (2005/6)

(litres/teu) Target Actual

2007/8 8.34 - 8.52 2008/9 8.34 7.5 (10% reduction) 8.4 (1% increase) 2009/10 8.34 7.089 (15 % reduction) 7.13 14.5% decrease) 2010/11 8.34 6.7 (20% reduction) 7.23 (13.4% decrease) 2011/12 8.34 6.7 (20% reduction) 7.05 (15.5% decrease) 2012/13 8.34 6.7 (20% reduction) 7.49 (10.2% decrease) 2013/14 8.34 6.7 (20% reduction) 8.15 (2.3% reduction)



APPENDIX H – ENVIRONMENTAL MANAGEMENT SYSTEM RECORD CONTROL

RECORD IDENTIFICATION LOCATION PROTECTION RETENTION

PERIOD DISPOSAL

Management Reviews

U:\Exclusive\Pnl\Read Only\QM\QM - EMS Backed up daily

7 years No disposal required

Audit outcomesU:\Exclusive\Pnl\Read Only\QM\QM - EMS\Admin

Backed up daily 7 years

No disposal required

Training VaultBacked up daily 7 years


Legal Compliance Evaluation Quantate



Emergency Response

U:\Exclusive\Pnl\Read Only\QM\QM - Procedures [PRO]



Permits & Resource consents

O:\SuppSer\Environmental\All ISO 14001\RC Register

Backed up daily


Aspects & Impacts

U:\Exclusive\Pnl\Read Only\QM\QM - EMS\Environmental Aspects

Backed up daily


SHED & Corrective Actions U:\Staff\Pnl\Incident





APPENDIX I – ENVIRONMENTAL CONSULTATIVE COMMITTEE

OBJECTIVES: Oversee preparation of policy on environmental effects. Discuss issues and recommend procedures to avoid, remedy or mitigate the effects. Keep the people they represent informed.

PNECC COMMITTEE MEMBERS NAME GROUP PHONE EMAIL Representing Environmental Groups: Pam Lambert or Stuart Slack

Friends of Nelson Haven 5459294

[email protected] [email protected]

Jane Stevens Forest and Bird [email protected] Bruce Gilkison Nelson Environment

Centre 545 9176 [email protected]

Vicki Caldwell Douglas

Ministry Agriculture and Forestry New Zealand

[email protected]

Representing Port Lessees/Operators: Alistair Jerret Plant & Food 989 7617 [email protected] Representing Cargo Shippers/Transport Operators: Phillip Wilson Nelson Pine Industries 5438871 [email protected] Grant Rutledge Nelson Forests [email protected] Representing PNL: Matt McDonald Infrastructure Manager, 5393 886 [email protected] Murray McGuire Engineering and

Hydrographic 5393 870 [email protected]

Kelly Leonard Environmental Officer 5393 839 [email protected]

Jacqui McLeod PNL Executive Personal Assistant (Secreterial Support)

[email protected]

Representing Nelson City Council: Neil Henderson Environmental Officer 546 0200 [email protected] Paul Fisher Monitoring Coordinator 546 0200 [email protected] Representing Top of the South Marine Biosecurity Partnership Peter Lawless Director [email protected] Auckland Point School and Green Party reps are also local residents. Resident’s representatives are included on the Noise Liaison Committee.



APPENDIX J – PORT NOISE LIASION COMMITEE Objectives The Port Noise Liaison Committee consider all noise issues arising from the port operation and carry out the functions identified in the Port Noise Management Plan and any functions identified within the proposed Noise Variation within the Nelson Resource Management Plan. Noise Liaison Committee Membership at February 2015 Group Name Chair Bob Dickinson Resident Bernadette Breese Resident Bruce Robertson Resident Chris Keegan Port Nelson Matt McDonald ( PNL Infrastructure Manager) Port Nelson Digby Kynaston (PNL Port Logistics Manager) Port Nelson Kelly Leonard (PNL Environmental Officer) Secretarial Support Jacqui McLeod (PNL Executive Personal Assistant)



APPENDIX K – SYNOPSIS OF ENVIRONMENTAL REPORTS HELD BY PNL

These reports are available on Port Nelson premises for viewing by staff and the public. Title: The Ecological Impact of Proposed Reclamation and Dredging at Port Nelson Author: Bioresearchers Ltd Date: 01/02/75 Reference: 005 Report commissioned by the Nelson Harbour Board, describing the ecological effects of a proposed reclamation of 125 acres of inter-tidal land and dredging of 150 acres of inter-tidal and shallow sub-littoral land at Port Nelson Title: Report on Toxicity of Bark Extracts Author: Cawthron Institute Date: 19/03/75 Reference: 006 Investigation commissioned by Nelson Harbour Board into the toxicity of effluent being leached from bark to organisms of estuarine origin. Title: Port Nelson Commercial Boat Harbour Environmental Impact Assessment (EIA) Author: D. Calwell and N.E.A. Barber Date: 01/10/77 Reference: 008 EIA commissioned by Nelson Harbour Board on proposed dredging, reclamation and wharf construction for pleasure craft and fishing industry vessels. Title: The Ecological Impact of Dredging and Reclamation in Nelson Haven (EIA) Author: Cawthron Institute Date: 01/05/79 Reference: 011 Assessment of environmental impacts that would result from planned modified dredging and reclamation to provide a new commercial boat harbour. Title: Supplement to Port Nelson Commercial Boat Harbour EIA 008 Author: Nelson Harbour Board Date: 01/06/79 Reference: 012 Update of the EIA for Port Nelson Commercial Boat Harbour (008) to change the shape of reclamation for pleasure craft and fishing vessels. Title: A Biological Assessment of Proposed Frog Pond Reclamation Author: Cawthron Institute Date: December 1979 Reference: 013 Biological investigation carried out for Nelson Harbour Board’s proposed reclamation of approximately 1.2 ha to the southeast of the Main Wharf (the “Frog Pond”). Title: Proposed Brunt Quay Development (EIA) Author: Nelson Harbour Board



Date: 01/01/80 Reference: 014 Report describing the proposed Brunt Quay development with special reference to its environmental effects. Title: Reclamation, Dredging and Spoil Disposal Options Port Nelson: Ecological Investigations and Preliminary Environmental Impact Assessment Author: Cawthron Institute Date: 07/06/85 Reference: 024 Title: North End Reclamation: Environmental Impact Assessment (EIA) Author: Nelson Harbour Board, Chief Engineer Date: 01/07/85 Reference: 026, 027, 029 Report on the environmental issues of a proposed 3.9-ha North End Reclamation at Port Nelson to accommodate an LPG depot, a boat-repair and boat-building development. Title: Additional Marina Berths and Associated Reclamation (EIA) Author: Nelson Harbour Board, S.H. Hughes Date: April 1989 Reference: 034 Assessment of the environmental effects of Nelson Harbour Board’s proposal to provide additional pleasure-craft marina berths. Title: Investigation and Remediation of Diesel Spill Author: Pattle Delamore Partners Ltd Date: April 1991 Reference: 035 Report for Mobil Oil NZ Ltd on the nature and extent of a diesel spill at its Mobil Site, Collins Street, Port Nelson. Title: Impact of Dredging and Dredging Disposal in Nelson: a consideration of chemical contaminants Author: Cawthron Institute Date: October 1992 Reference: 036 Assessment of the impact of contaminants in Port Nelson dredging spoil that was dumped at Tasman Bay Spoil Ground for over 30 years. Commissioned by PNL. Title: Environmental Noise Monitoring Report at PNL Author: Malcolm Hunt Associates Date: March 1993 Reference: 037 Describes the methods of noise measurement, relevant standards and guidelines, details the findings, assesses the findings and makes broad recommendations for the management of noise emissions at Port Nelson. Title: Environmental Noise Monitoring Report. Follow-up report: Woodchip Loading Author: Malcolm Hunt Associates Date: April 1993 Reference: 038



Follow up report to 037. Presents the results of survey that monitored noise specifically associated with woodchip-loading activity. Title: Environmental Noise Survey Report. Updating 037 Author: Malcolm Hunt Associates Date: August 1993 Reference: 039 Title: PNL Company Environmental Policy Framework Author: Malcolm Hunt Associates and WORKS Environmental Management Date: October 1993 Reference: 040 Study of the compliance issues related to a range of environmental effects of Port Nelson operations. Report findings were used to develop a company environmental policy and outline the implementation of environmental management systems. Title: Effects of Stormwater Runoff from Log and Woodchip Areas, Port Nelson Author: Cawthron Institute Date: March 1995 Reference: 047 Title: Tasman Bay Dredge Spoil Disposal: environmental monitoring Author: Cawthron Institute Date: June 1996 Reference: 049 Results of a second monitoring survey (in April 1995) of maintenance dredging for consent monitoring. Title: Port Noise: Follow-up Noise Survey Author: Malcom Hunt Associates Date: January 1996 Reference: 051 Follow-up to Port Noise Monitoring Report (037) regarding changes to average noise emissions from a range of port activities. Title: Waste Check: Preliminary Cleaner Production Audit for Port Nelson Ltd Author: Works Consultancy Services Ltd Date: 21/12/95 Reference: 052 Report commissioned by PNL summarising the findings and observations of a Preliminary Cleaner Production Audit on 8/11/95. The audit’s objective was to identify significant waste and emissions generated at Port Nelson. Title: Port Nelson Environmental Management Plan. Public Discussion Document No.1 Author: PNL Date: January 1996 Reference: 053 Public discussion document outlining the proposed policies, objectives and targets for Noise, Air and Water Quality, and (Draft) Codes of Practice for activities causing adverse environmental effects at Port Nelson.



Title: Assessment of the effects of four reclamation and dredging options at Port Nelson Author: Cawthron Institute, Leigh Stevens Date: May 1997 Reference: 057 A report presenting the findings of the effects of four proposed reclamation options for establishing lay-up and repair facilities (to increase berth space for cargo vessels). Title: Assessment of Sediment Quality and Aquatic Ecology in Port Nelson and the Lower Matai River Author: Cawthron Institute Date: August 1997 Reference: 058 A report compiled for PNL and NCC outlining a base-line investigation of chemical contaminants at seventeen sites within Port Nelson and the Lower Matai River. The main purpose of the base-line investigation was to identify areas of significant contamination and the key contaminants within these areas and their biological significance. Title: Inner Berth. An Environmental Assessment Author: PNL Date: January 1996 Reference: 062 An assessment of the environmental effects of PNL’s proposal to demolish the old Main Wharf structure, dredge a new berth and reclaim land. Title: Inner Berth. Environmental Report Author: PNL Date: January 1997 Reference: 063 A report detailing the environmental status of the old Main Wharf in light of PNL’s proposal to demolish it, dredge a new berth and reclaim land. Title: Introduction of Foreign Marine Life by Ships Author: Cawthron Institute, Michael Taylor Date: October 1998 Reference: 064 Title: Maori Traditions and Occupation of Nelson Haven Author: Hilary and John Mitchell Date: February 1998 Reference: 065 An account of the Maori traditions and occupation of specific localities of the Nelson Haven in relation to food gathering, harvesting and battles. Title: Environmental Management Plan for Port Nelson Author: PNL Date: February 1996 Reference: 068 This environmental management plan is a public discussion document available to the general public for debate. Title: Dredge Spoil Disposal Tasman Bay Author: Barrie Forrest, Cawthron Institute Date: October 1998 Reference: 069



Results of a third monitoring survey, carried out in December 1998. The survey focuses on the measurement of key contaminants in sediments and shellfish, and on a direct assessment of effects on seafloor communities. Title: Sediment Assessment in the Port Nelson Slipway Basin Author: Cawthron Institute Date: September 1999 Reference: 076 Slipway and slipway-basin investigations to identify areas of contamination and their biological significance. It also discusses management measures and possible mitigation options. Title: Boulder Bank, Nelson Author: M.R. Johnston Date: August 2000 Reference: 082 This report outlines the geography and history associated with the Boulder Bank. Title: Boat Harbour Stormwater Discharge Author: Cawthron Institute Date: May 2000 Reference: 083 This report, of a storm-water assessment for the new PNL storage yard, includes a short literature review as well as a description of two site visits. Title: A Bio-security Investigation of a Barge in the Marlborough Sounds Author: Cawthron Institute, Ashley Coutts, Date: July 2002 Reference: 085 Study of a heavily fouled barge located near Shakespeare Bay in the Marlborough Sounds and impacts on New Zealand’s aquaculture and coastal environment. Title: Heavily Fouled Barge Demonstrates the Importance of Bio-security Surveillance Author: Cawthron Institute, Ashley Coutts, Date: October 2002 Reference: 086 This is a copy of a Power Point presentation made by Ashley Coutts in August 2002 to the ECC regarding a heavily fouled barge near Shakespeare Bay in the Marlborough Sounds. It is accompanied by a CD version. Title: Ballast Water Research Programme Author: Cawthron Institute Date: October 1997 Reference: 1048 This report presents the findings of a 2-year funded research programme on sampling and analysing ships’ ballast water. Title: Ballast Water and Ships Hull De-Fouling Author: Ministry of Fisheries Date: January 1998 Reference: 1050



This report is a Government Strategy document describing how New Zealand will manage the risk of the introduction of exotic marine organisms by the discharge of ballast water or the de-fouling of ships’ hulls. Title: Nelson State of the Environment Report Author: Nelson City Council Date: December 1999 Reference: 1051 Title: First National Workshop on Marine Bio-security Author: Cawthron Institute Date: March 2000 Reference: 1052 A collection of small articles and reports prepared by various scientists, port organisations, councils, students, and academics regarding the issue of biosecurity in New Zealand waters. Topics vary from undaria to the seafood industry and to environmental planning. Title: The Kyoto Protocol: issues for New Zealand’s participation Author: NZ Institute of Economic Research Date: February 2002 Reference: 1053 This report provides an assessment of the economic impact of Kyoto Protocol policies on New Zealand.



APPENDIX L - DEFINITIONS The “*” symbol after a word means that the definition has been taken from the Interpretation section of the Resource Management Act 1991 (RMA). Best Practicable Option In relation to a discharge of a contaminant or an emission of

noise, the best method for preventing or minimising the adverse effects on the environment, having regard, among other things, to: a) the nature of the discharge or emission and the

sensitivity of the receiving environment to adverse effects;

b) the financial implications, and the effect on the environment, of that option when compared with other options; and

c) the current state of technical knowledge and the likelihood that the option can be successfully applied.

Biodiversity or Biological Diversity

The variety of life on Earth. This includes the different: animals, birds, fish, insects, plants, bacteria and other

species; characteristics within a species; ways species live together; types of places species live together; and ways in which species interact with their environment.

Bioeconomics Originating from the synthesis of biology and economics,

bioeconomics is the science that determines the socio-economic activity threshold at which a biological system can be used without destroying the conditions for its regeneration and therefore its sustainability. It promotes the notion that nature should not be viewed only as a source of food or as a cesspit for waste, but also as a source of innovative ideas for sustainable existence.

Biosecurity The prevention of the introduction of unwanted organisms not already established in New Zealand, i.e. border control. It also refers to the management of unwanted organisms that are established in New Zealand, through the development of pest management strategies.

Climate Change Increasing amounts of pollution from industry, agriculture, motor vehicles and electricity generation, deforestation and other activities have led to an undesirable build up of greenhouse gases in the atmosphere. The effect of this build up has been described as “climate change”. This change is relatively rapid compared with the natural, gradual changes in the Earth’s temperatures and climate that often have allowed people and other species to adapt to them.



Coastal Marine Area Includes the foreshore, seabed, coastal water and the air space

above the water, as defined in the Resource Management Act 1991.

Contaminant* Includes any substance (including gases, liquids, solids and microorganisms) or energy (including heat but excluding noise) that, either by itself or in combination with the same, similar or other substances, energy or heat: a) when discharged into water, changes or is likely to

change the physical, chemical or biological condition of water; or

b) when discharged on to or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air on to or into which it is discharged.

dBA Units of sound measurement are “A-weighted levels of sound”,

in decibels. “A weighting” is used to compensate electronically for the sensitivity of the human ear, which is naturally more sensitive to certain frequencies. The A-weighted level is widely used to quantify environmental sound.

Discharge Includes emit, deposit and allow to escape.

DOC Department of Conservation

ECC The Environmental Consultative Committee of Port Nelson Ltd

Ecosystem A dynamic complex of plant, animal and microorganism communities and their non-living environment, interacting as a functional unit.

Effect* Includes: a) any positive or adverse effect; b) any temporary or permanent effect; c) any past, present or future effect; d) any cumulative effect that arises over time or in

combination with other effects, regardless of the scale, intensity, duration or frequency of the effect;

e) any potential effect of high probability; and f) any potential effect of low probability that has a high

potential impact.

Energy Energy due to position or associated with changes in position (e.g. gravitational potential energy) or changes in shape (e.g. as in a compressed or stretched spring).



Environment* Includes: a) ecosystems and their parts, including people and

communities; b) all natural and physical resources; c) amenity values; and d) the social, economic, aesthetic and cultural conditions

that affect the matters stated in a) to c) of this definition or that are affected by those matters.

Genetically modified organism A plant, animal, insect or microorganism whose genetic make-up

has been changed using modern gene technology, for example, by adding new genes or changing the function of genes already present. New genes may come from the same or different species or may be synthetic.

Hazardous substance

Any substance with one or more of the following properties: an explosive nature; flammability; an oxidising nature; acute or immediate toxicity; delayed or chronic toxicity; radioactivity; corrosiveness and environmental persistence. The substance, during typical storage, use or transportation, poses a significantly elevated risk, above those of other everyday affairs and activities, of an adverse environmental effect or, in its disposal, requires control or management beyond that normally applied to wastes at a landfill for disposal, if environmentally sound disposal is to be achieved.

L10 The noise level, in A-weighted decibels, that is exceeded 10% of the time when noise is measured in accordance with New Zealand Standard NZS 6801:1999 Measurement of sound.

Ldn The day/night noise level, calculated as an average of hourly Leq’s, with a 10dBA penalty applied during night-time (10 pm to 7 am), when measured in accordance with New Zealand Standard NZS 6805:1992 Airport noise and land use planning. (Leq is the “average” noise over a defined measurement period.)

Lmax The single, highest sampled level of sound. Used to set night emission limits that ensure sleep protection. It is used to regulate short, loud sounds such as audible warning devices and pressure relief valves.

Maintenance Dredging Any dredging of the seabed necessary to maintain navigable water depths to previously approved levels, for the safe and convenient navigation of vessels, in navigation channels and at berthing and mooring facilities, including marina developments.

MfE Ministry for the Environment

MFish Ministry of Fisheries

MPI Ministry for Primary Industries (Formerly Ministry of Agriculture



and Forestry)

Navigation Aid Includes: a) any lightship and any floating or other light exhibited for

the guidance of ships; b) any description of a fog signal not carried on a ship; c) all marks and signs in aid of marine navigation; and d) any electronic, radio or other aid to marine navigation

not carried on board any ship.

Natural and Physical Resources Includes land, water, air, soil, minerals, energy, all plants and animals (native to New Zealand and introduced), and all structures.

NCC Nelson City Council

PNEMP Port Nelson Environmental Management Plan

PNL Port Nelson Ltd

Port Any area of land or water, whether or not it is within the coastal marine area, used, intended or designed to be used either wholly or partly for port-related activities.

Port noise Noise generated within a port, including noise from handling cargo and passengers; operations of machinery and equipment; ships at berth; maintenance, repair, storage and administration activities, and vehicle traffic only when it relates to port activities and when the vehicles are inside the port boundaries. Noise from vessels not at berth is excluded, as is noise associated with construction of permanent port facilities (construction work should be evaluated using NZS 6803:1999 Acoustics construction noise).

RMA Resource Management Act 1991 and its amendments.

Transportation The movement of materials by agents such as rivers, lakes, seas, wind, waves, land and air.

Vessel Includes any ship, boat or other floating craft, or drilling rig or exploration platform (whether self-propelled or towed) with the purpose of exploration for, and extraction of, natural and physical resources from the seabed.

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Vol 1

3

APPENDIX N – NOISE MANAGEMENT PLAN

Contents 1. INTRODUCTION .................................................................................................................... 2

2. PLAN OBJECTIVES ................................................................................................................. 3

3. RELEVANT STATUTORY DOCUMENTS AND REGULATIONS ...................................................... 4

4. RULE INR.40 PORT NELSON INDUSTRIAL AREA NOISE MANAGEMENT .................................... 6

5. AREA COVERED BY THIS PLAN ............................................................................................... 6

6. PORT NOISE LIAISON COMMITTEE (PNLC) .............................................................................. 8

7. NOISE MODELLING PROCEDURES ........................................................................................ 12

8. CONTINUOUS NOISE MONITORING PROCEDURES ................................................................ 12

9. REPORTING PROCEDURES & REQUIREMENTS ...................................................................... 12

10. PROCEDURE FOR MEASURING PORT NOISE ..................................................................... 13

11. COMPLAINT HANDLING & INVESTIGATION PROCEDURES ................................................. 13

12. SOURCES OF NOISE AND EXISTING NOISE ENVIRONMENT ................................................ 16

13. NOISE MINIMISATION ..................................................................................................... 19

14. SIGNIFICANT NOISE EVENT INVESTIGATION PROCEDURE ................................................. 24

15. NOISE AWARENESS AND REINFORCEMENT ...................................................................... 25

16. ALTERATIONS TO THIS PLAN ............................................................................................ 28

APPENDIX A NOISE CONTOUR PLAN .......................................................................................... 29

APPENDIX B NOISE COMPLAINTS PROCEDURE ............................................................................ 30

APPENDIX C DEFINITIONS ........................................................................................................... 31

DATE VERSION CREATED BY APPROVED BY

14/10/2010 1 THOMAS MARCHANT MATT MCDONALD

9/9/2011 2 THOMAS MARCHANT MATT MCDONALD

Port Nelson Noise Management Plan Page 2

1. INTRODUCTION

1.1. The Port Nelson Noise Management Plan1 (NMP) sets out the long term commitment of

Port Nelson Limited (PNL) to the management of Port Noise from port related activities.

The NMP has been developed in accordance with the Commissioner’s recommendation on

Variation 07/01 (the Variation), and is a requirement of Appendix 29.A, and Rule INr.40.1 a)

of the Nelson Resource Management Plan (NRMP).

1.2. PNL has prepared a Port Nelson Environmental Management Plan (EMP), a management

system that is accredited to the ISO 14001:2004 standard. The NMP has also been

incorporated into the EMP as part of the commitment to noise minimization. The standard

is underpinned by the requirement to continually improve environmental performance;

therefore the NMP will be updated as improvements are made to noise management.

1.3. PNL’s obligations associated with the Acoustic Treatment of Noise Affected Properties

identified on the Port Nelson Noise Contour Map are set out in a separate Port Nelson

Noise Mitigation Plan, a requirement of Appendix 29.B of the NRMP. The plans are

required by rules in the NRMP. The minimum criteria required by the NMP are specified in

the NRMP. If any provisions of the NMP are in conflict with those provisions then the

provisions of the NRMP shall prevail.

1.4. The NMP outlines how PNL will take active steps to comply with

The requirements of Rule INr.40.1(a) of the NRMP, and

the duty contained in Section 16 of the Resource Management Act 1991 which provides

that:

‘Every occupier of land (including any premises and any coastal marine area), and every

person carrying out an activity in, on, or under a water body or the coastal marine area, shall

adopt the best practicable option to ensure that the emission of noise from that land or

water does not exceed a reasonable level’.

1.5. The areas affected by Port Noise are shown on the Port Nelson Noise Contour Map

(Appendix A). The Port Nelson Noise Contour Map is based on the energy average of the

daily Ldn for 5 consecutive busy days. It was derived from noise modelling, therefore

instantaneous noise levels at a particular contour line can be expected to be occasionally

1 Text in bold is defined in the Meaning of Words (Definitions) – Appendix C


higher than the representative contour line (see section 1.6 below and definitions in

Appendix C).

1.6. PNL uses the Ldn parameter as the basis of its management. In recognition of sleep

interference Ldn imposes a 10 dBA penalty for noise at night. The Ldn parameter and the

development of noise contours based on it is considered to be an appropriate method to

provide for noise management at Port Nelson. These contours have been used to establish

land use controls in the NRMP.

2. PLAN OBJECTIVES

2.1. The objectives of the NMP are as follows:

2.1.1. To set out PNL’s commitment to the management, and minimisation of Port Noise;

2.1.2. To provide information on the sources of noise at the Port Nelson Industrial Area and the

ways this has been managed to date;

2.1.3. To provide information on the procedures for investigation of significant noise events

through operations;

2.1.4. To describe methods to continue to research, develop and implement noise minimisation

procedures;

2.1.5. To provide a framework for the measurement, monitoring, assessment, and management

of Port Noise;

2.1.6. To provide a framework for the reporting, processing and investigation of noise

complaints, and feedback to the complainant;

2.1.7. To provide information on noise minimisation training, and the noise awareness

programme;

2.1.8. To provide a framework for community input into noise management and noise mitigation

at Port Nelson, including contributing to the identification and implementation of the Best

Practicable Option to reduce Port Noise, through the Port Nelson Noise Liaison

Committee (PNLC).

2.2. Noise Policy Objectives (From PNL’s Environmental Management Plan)


The PNL Environmental Management Plan incorporates this NMP as part of the framework

for addressing environmental effects of port related activities. The EMP noise policy

objectives listed below are accordingly endorsed in both plans.

N2.1. To ensure that noise emitted from port operations is minimised as far as practicable and to

assign priority to minimisation of one off clangs and bangs.

N2.2. To ensure that noise at residential locations is minimised as far as practicable by

progressively adopting the best practicable option to limit the emission of noise from all

noise-producing processes and operations at the port.

N2.3 To actively implement the requirements of the NRMP through a Port Noise Management

Plan and Port Noise Mitigation Plan once the Variation/Plan Change takes effect.

N2.4 To comply with the NRMP noise monitoring requirements and verify the accuracy of the

noise model and associated noise contours on a regular basis.

2.3. This NMP is supported by, or operates in conjunction with, the following

i. An Environmental Officer appointed by PNL with responsibility for overseeing

noise management including:

Advising the management of PNL of recommendations of the PNLC and

reporting to the PNLC on implementation of decisions; and

Investigation of options and implementation of procedures for noise

minimisation through port operational procedures and staff and

contractor training; and

Handling and investigation of noise complaints.

ii. PNL’s monitoring and reporting of noise (see section 8 and 9);

iii. The Port Nelson Noise Mitigation Plan;

iv. The establishment, funding and ongoing effective operation of the PNLC.

3. RELEVANT STATUTORY DOCUMENTS AND REGULATIONS

3.1. The relevant statutory or other documents that have a bearing on this plan are:

The Resource Management Act 1991;

The NRMP;

The New Zealand Coastal Policy Statement 1994;


The Port Noise Standard NZS6809:1999;

Measurement of Sound Standard NZS 6801:1999;

The Building Act 2004;

The Health and Safety in Employment Act 1992;

The Port Companies Act 1988;

The Health Act 1956.


4. RULE INR.40 PORT NELSON INDUSTRIAL AREA NOISE MANAGEMENT

Rule INr.40 of the NRMP is concerned with the management of noise emitted from the Port Nelson

Industrial Area and requires the implementation of a Port Nelson Noise Management Plan, Port

Nelson Noise Mitigation Plan, and the establishment of a Port Nelson Noise Liaison Committee.

4.1. Port Nelson Noise Management Plan (NMP)

This NMP outlines PNL’s continuing commitment to investigate and adopt the best practicable

options to minimise the emission of Port Noise. Procedures to adopt the best practicable option in

order to minimise Port Noise are described further in Section 13.

4.2. Port Nelson Noise Mitigation Plan

The Port Nelson Noise Mitigation Plan provides for mitigation of dwellings in the residential zone on

a three tier basis, and is to be implemented by Rule INr.40 and is described in detail in Appendix

AP29.B of the NRMP. It is a separate plan from this NMP and can be viewed on request from PNL or

the Nelson City Council (NCC).

4.3. Port Nelson Noise Liaison Committee (PNLC)

The PNLC is referred to in Rule INr.40, which requires PNL to establish, maintain and participate in a

Noise Liaison committee. The PNLC has been in existence since the notification of the Variation in

various forms and has been actively meeting since March 2009 in a manner consistent with the

Commissioners’ Recommended Decision adopted by the NCC. The PNLC is discussed in detail in

Section 6.

5. AREA COVERED BY THIS PLAN

5.1. The port noise contours apply to Port Noise generated within the Port Industrial Area, (but

excludes non port noises such as public street traffic noise) as shown below. This NMP

however applies only to the Port Operational Area where activities are under direct or

close control of PNL. It does not apply to the areas outside of the Port Operational Area or

to traffic on the State highway and city streets.

5.2. Where activities are on land leased to other parties by PNL, only indirect control by PNL is

possible. Activities in this category include seafood-processing plants, transport depots,

facilities for boat building, and maintenance and general port servicing activities.


5.3. Noise emissions from these leased areas are controlled by rule INr.37 and INr.38 of the

NRMP. Rule INr. 37 requires that activities in the leased areas of the Port Industrial Area do

not exceed noise levels of 65dBA L10 at their boundary during the day, and 55dBA L10 at

night. Enforcement of this rule is the responsibility of the NCC. However, as general noise

from the Port Industrial Area (including the leased areas) may contribute to measured

levels of noise, and therefore requirements for mitigation, PNL has an interest in ensuring

overall noise including noise from areas outside its direct control is kept to the lowest levels

practicable.

Figure 1 Port Nelson Industrial Area 2010


6. PORT NOISE LIAISON COMMITTEE (PNLC)

6.1. Role of the PNLC

The PNLC is required to consider all noise issues arising from the port operation and carry out the

functions identified in this NMP and any functions identified in Appendix 29.B. of the NRMP. The

PNLC is a functional interface between PNL and the residents affected by noise from the port. It is

recognised that a balance needs to be struck between the needs of PNL and port users, and those of

the residents, and a functioning PNLC is a cornerstone of this process. The following excerpt is taken

from the Commissioners Recommendations on the Variation, section 11.61:

“The crucial point is that all members of the Committee must have the interests of the proper

promotion of the new scheme of port noise management and mitigation as their focus. Thus, it is not

the role of the Port representatives on the Committee to try to promote the operation of the Port

over the interests of the residents; likewise it is not the role of the residents on the Committee to try

to promote their interests over the efficient and appropriate workings of the Port. The Committee is

set up to achieve certain outcomes and it is essential that it works constructively to that end.”

6.2. PNLC Resourcing and Support

6.2.1. PNL will provide secretarial and logistic support for the committee.

6.2.2. PNL will provide a budget that makes adequate provision for the committee to

undertake its functions including the investigation and recommendation of noise

minimisation measures within the Port Operational Area.

6.3. Functions of the PNLC

The PNLC primary functions are to:

i. Oversee the implementation of the NMP and the Port Nelson Noise Mitigation Plan.

ii. Ensure that PNL is made aware of the concerns of its neighbours and other port users

and is meeting community expectations to minimise and mitigate Port noise.

iii. Ensure documentation relevant to noise management are up to date and in use in

port operations.

iv. Review current objectives for noise management (see Section 2).


v. Submit programmes to fulfill objectives and associated financial requests to PNL

management, to be considered within PNL’s annual preparation of budgets.

vi. Consider all complaints of Port Noise received and recorded on the PNL’s register of

noise complaints (see Section 11), CRM2, SHED3 reports (see Section 11) and those

received by the Nelson City Council and recommend where appropriate further

investigations into issues raised by the complainants, or actions to prevent a

recurrence of the complaint.

vii. Review PNL’s performance under the requirements of the Variation, and provide

recommendations to assist PNL in continuing to fulfill these obligations.

viii. The PNLC will consider noise issues arising from port related activities with regard to

(in no particular order of importance):

• PNL’s acceptance of the obligation to manage noise emanating from port

operations;

• The requirement of Section 16 of the Resource Management Act 1991 for

PNL and other port users to adopt the best practicable option to ensure

the emission of noise does not exceed a reasonable level;

• The intentions and functions of the PNLC as expressed in the Variation;

ix. The PNLC is required to carry out the functions given to it by the Port Nelson Noise

Mitigation Plan.

6.4. PNLC Composition

The PNLC is required to comprise members as follows

i. Three members appointed by PNL. At the current time the PNL appointed

members are:

PNL Environmental Officer;

PNL Port Logistics Manager;

PNL Infrastructure Manager.

2 CRM stands for Customer Relationship Management and is the internal PNL system to manage noise complaints. 3 SHED stands for Safety, Health, Environment and Damage report and is the internal PNL system to manage incidents occurring on site.


ii. Three members appointed by residents living in the Port Hills (the Residents

representatives);

iii. An independent chairperson appointed by the committee (remuneration and

expenses for the Chairman to be met by PNL.)

It should be noted that the PNLC is required by the NRMP to be constituted as a separate committee

from the Port Nelson Environmental Consultative Committee (PNECC).

6.5. Resident Representative Election Procedure

6.5.1. The process for the election of the resident representatives of the PNLC, including the

length of tenure of their membership on the PNLC, shall be resolved by the committee,

and subsequently recorded in the minutes of that committee meeting.

6.6. Committee Procedure

6.6.1. At its first meeting of the calendar year, the Committee will confirm its chairperson for

a period of two years. The chairperson will be appointed two-yearly thereafter;

6.6.2. In undertaking the business of the PNLC, each member shall in good faith endeavour to

achieve consensus on all issues before the Committee;

6.6.3. The Port Operator shall respond in writing to the Port Noise Liaison Committee within

30 days, unless the parties agree a different timeframe, to explain its decision with

respect to any recommendation of the Port Noise Liaison Committee, and how it

proposes to implement any recommendations including timeframes;

6.6.4. The focus of the Committee’s functions shall be the PNLC matters specified in the

Variation.

6.7. Committee Meetings

6.7.1. The meetings of the Committee will not be open to the public or media but members

will be free to disclose all matters discussed at a meeting unless it is agreed that a

particular matter will be discussed in confidence, or if there are privacy issues relating

to particular properties.

6.7.2. PNL will arrange for the Committee to meet on not less than four occasions each year.


6.7.3. The Committee may invite representatives of other parties to attend and contribute to

the meetings from time to time when discussing issues that either affect or involve the

other parties, and may include, but not limited, to representatives of:

Nelson City Council;

Port operators and users;

Cargo owners;

Port Industrial Area lessees;

Recreational facilities operated within the Port Industrial Area;

Auckland Point School;

Shipping agents;

Owners and residents of noise affected properties.

6.7.4. The representatives of other parties invited to attend a committee meeting will not

have voting rights.

6.7.5. A special meeting of the Committee may be called by any member, or other person, by

contact with the committee chairperson. The special meeting will be scheduled at the

chairperson’s discretion.

6.8. Committee Reporting

6.8.1. An annual summary of the activities of the PNLC taken from the minutes of the

Committee meetings will be provided to owners and residents of Noise-affected

properties, as defined by the NRMP (refer to Appendix C – Definitions). The summary

will also be provided to any member of the public upon request.

6.8.2. A summary of PNLC minutes will be available on the PNL website one month after the

meeting is held.


7. NOISE MODELLING PROCEDURES

7.1. PNL has produced a Port Nelson Noise Contour Map shown in Appendix A based on the

energy average of the daily Ldn for 5 consecutive busy days. In accordance with AP29.A of

the NRMP the contour map is required to be updated on an annual basis for the first five

years, and every two years thereafter. The port noise contours are also required to be

modelled at 1 dB intervals between 55 dBA Ldn and 70 dBA Ldn.

7.2. An annual update of noise modelling information will be made available to owners of Noise-

affected properties, as defined by the NRMP (refer to Appendix C – Definitions) for the first

five years and every two years thereafter.

7.3. PNL will carry out monitoring as necessary to calibrate and ensure that the Port Noise

Contour Map provides as accurate modeling of Port Noise using a busy five day operating

scenario.

8. CONTINUOUS NOISE MONITORING PROCEDURES

8.1. PNL has installed a continuous noise monitor in accordance with Appendix 29.A.2 of the

NRMP, at the location shown on the map in Appendix A.

8.2. As required by AP29.A.2 of the NRMP PNL will maintain at its expense the sound level

monitoring equipment and shall arrange for a suitably qualified person to perform

continuous monitoring of noise emanating from port activities for at least the first five

years. The monitoring equipment is required as a minimum record noise level statistics in

15 minute periods so that the Leq, Lmax and L90 noise parameters can be determined for

each 15 minute period.

8.3. The monitoring equipment will be capable of recording the actual sound when a pre-set

threshold or set of thresholds is exceeded, so that the sound can be listened to at a later

time. Recordings will be kept for a minimum of six months.

9. REPORTING PROCEDURES & REQUIREMENTS

9.1. PNL will provide the results of the sound level monitoring to the NCC and PNLC on a

monthly basis. The results will be in summary form showing Leq, Lmax and calculated Ldn


levels within two weeks of the end of each month. Significant Port Noise emissions will be

highlighted and correlated with port activity, wind speed and wind direction.

9.2. When sound level monitoring indicates that Port Noise may be exceeding 65 dBA Ldn or 65

dBA Leq(15 min, 10pm-7am) at properties that are not shown on the Port Nelson Noise Contour

Map as eligible for mitigation under Section AP29.B.1 of Appendix 29.B of the NRMP, the

results of monitoring will be recorded, investigated and reported to the PNLC. The

investigation will identify as far as possible those properties receiving Port Noise at or

above such levels.

9.3. Copies of this plan, and all reports, minutes, and recommendations considered or made by

the PNLC and PNL, are to be held at the offices of PNL and the NCC and will be made

available to members of the public on request.

10. PROCEDURE FOR MEASURING PORT NOISE

Port Noise is required to be measured as follows (taken from AP29.A.3 of the NRMP):

(a) in accordance with NZS 6801:1999 Acoustics - Measurement of Sound, and assessment shall be

in accordance with NZS 6809:1999 Acoustics - Port Noise Management and Land Use Planning,

provided that:

i) subject to sub-clause (b) i) of this clause, the Rating Level described in clause 7.3 of NZS

6809:1999 shall be determined for the sole purpose of defining any Leq (15 min) sound level,

required for the purposes of Appendices 29.A and 29B (NRMP); and

ii) adjustments for any special audible characteristic to any Leq(15 min) made in accordance

with clause 7.3 and A6 of NZS 6809:1999 shall, except for audible warning devices, not apply

to noise from log and container handling activities. The above exception for log and

container handling activities shall also apply to audible warning devices on ships where there

is no practical alternative for safety reasons.

(b) For the purpose of comparison with noise criteria specified in Appendix 29.B (NRMP) the

following will apply:

i) In assessing any Leq (15 min) sound level between 10pm and 7am the following day, one ship

visit of up to five days duration shall be deemed to be one occasion.

11. COMPLAINT HANDLING & INVESTIGATION PROCEDURES


11.1. Noise complaints can be lodged with either NCC or PNL. Complaints lodged directly to PNL

enable immediate action to be taken towards mitigating the source of noise. Appendix B

sets out the procedure for noise complaints lodged with PNL. A complaint may be lodged

via telephone, facsimile, letter or email. PNL considers that the complaints process is a

useful way to receive information from affected parties that may lead to the reduction of

Port noise. This occurs not only at the time of the complaint, but as part of the overall aim

to minimise Port noise. Information provided by complainants is used to determine the

sources of Port noise, and for correlation with readings from the continuous noise monitor.

11.2. PNL will maintain a register of noise complaints and report the details of complaints and

action taken to investigate and resolve complaints to the PNLC at the earliest opportunity.

The register of noise complaints will be consistent with the following:

i. Record the details of the name and address of the complainant and the time and

date of the complaint;

ii. Record a description of the noise, the estimated length of time that the noise

occurred and identify, if possible, the source of the noise;

iii. Record of the noise levels from the continuous noise monitor, including; Noise

events4, Short report5, and Half second Sound Pressure Level6;

iv. Identify Port operations occurring around the time of the complaint;

v. Record the details of what vessels were in Port at the time, and at which berth

they were located;

vi. Record the wind speed and wind direction;

vii. Take steps to investigate the noise complaint as soon as practicable;

viii. Report back to the complainant and provide details of complaint to the NCC

Environmental Officer;

ix. Record the steps taken to investigate the noise complaint and to resolve or

mitigate the noise issue in the noise register;

4 Significant noise event profile displaying measurement of Leq, Leq max, SPL max, event spectra and wind speed. 5 Statistical report showing measurement of Leq, L90, and SPL max in 15 minute intervals. 6 Sound Pressure Level measurements displayed at half second intervals


11.3. PNL will report the details of complaints and action taken to investigate and resolve

complaints to the PNLC at the earliest opportunity.

11.4. The process of investigation may be undertaken through the PNL internal Safety, Health,

Environment and Damage reporting and investigation (SHED Report) process at the

discretion of the Infrastructure Manger.

11.5. The Nelson City Council will take such steps as necessary to encourage any noise complaints

to be made directly to it, and the NCC Environmental Officer will investigate the complaint

as soon as circumstances allow and will advise PNL of the complaint.

11.6. When a noise complaint is received, PNL will as soon as practicable advise the NCC if the

complaint is not received through the Council.


12. SOURCES OF NOISE AND EXISTING NOISE ENVIRONMENT

To understand the noise environment at Port Nelson, noise observations, measurement and

modelling has been undertaken by an acoustic engineer (Hegley Acoustics Consultants Limited). As

part of the modelling it was necessary to identify and quantify dominant noise sources.

The following noise sources have been identified.

12.1. Container Handling

Container handling activities include:

i. Unloading containers delivered to the Port by road using lift-trucks. This mainly

occurs during the day (receiving and delivery);

ii. Moving containers to and from ship side during vessel working using trucks and

lift-trucks (marshalling);

iii. Loading full containers and unloading empty containers using cranes

(stevedoring);

iv. Loading and unloading containers into RoRo vessels (stevedoring);

v. Storage of refrigerated containers with their cooling systems running;

vi. Loading and unloading of containers with break bulk cargo;

vii. Container washing and (testing) ‘pre-tripping’;

viii. Lashing bars dropped on deck - dropping twist locks on deck or wharf;

ix. Transport of containers within the Port Operational Area;

x. Undertaking repairs on containers;

xi. Containers blowing over during wind events.

12.2. Cranes

Crane activity noise sources include:

i. Mobile Harbour Crane - whining sound from the crane rope drum operation;


ii. Ship’s own crane or gantry - movement warning devices emit a penetrating

sound;

iii. Preparing cargo for lifts - removal of container lashing bars;

iv. lashing bars dropped on deck - dropping twist locks on deck or wharf;

v. Operation of spreaders - the impact noise between lifting spreader and

container;

vi. Placing the cargo on the wharf or on the ship - penetrating impact noise caused

by the container landing on the wharf and on the ship.

vii. Lifting of hatch lids and placement on wharf or ship;

viii. Sliding containers into the guides on the vessel;

ix. Lifting of logs and placing into ship holds, particularly into an empty hold.

12.3. Container Handling Forklifts

Forklift operations that generate noise include:

i. Engine revving;

ii. Impact of spreader or forks against the container or cargo;

iii. Placement of the container on the wharf or truck;

iv. Reverse warning indicators.

12.4. Ships at Berth

This is noise which continues for the whole time, day and night, that the vessel is in port and is

mainly caused by the generators which provide power to run winches, refrigeration plants,

integrated refrigeration units, heating and lighting, etc. This is a fairly constant noise for the full

duration of the ship's stay on the berth. The use of ships’ horns is another source of noise. The

noise level produced by the ships are beyond the direct control of PNL but is included in the

calculation of the port noise contours as part of the total port noise experience and is managed

through the provisions of the NRMP.

12.5. Container Refrigeration Units (Reefer Units)


Refrigeration containers have a cooling unit built in. They are used in two main areas, full containers

awaiting shipment and empty containers being prepared in the empty container yard. Their

positions are fixed because the power is fed underground to units that accommodate up to 16

containers. The port has up to 630 power points available for containers at various locations. Up to

128 of these are used for testing empty containers. Empty containers are tested for a period

between 6 and 12 hours depending on the design.

Full containers are on power for an average of 2 days prior to the estimated arrival time of the ship.

The power to frozen cargo cuts on and off automatically whilst power to chill containers is

continuous.

12.6. Container Repair

The repair of damaged containers takes place during daytime hours in the Empty Container Yard.

General steel repair work also includes grinding and hammering of steel members back into shape

which causes a hollow impact sound and grinding noise.

12.7. Trucks

Cargo arrives and departs from the Port by road trucks that travel through the operational areas

along set routes to fixed areas where they are unloaded by forklifts or in the case of logs, by log

loaders. Container trucks stop at the port entrance for documentation and break-bulk cargo trucks

move direct to the storage areas or direct to shipside.

Logs are initially scaled at the north end of Graham Street before the truck travels to the storage

area where the logs are offloaded by log-loaders. An impact noise is also generated when the metal

frames that hold the logs in place in transit are lowered on log trucks after the logs have been

removed.

The main container truck exchange area is located on the north side of the container storage area

adjacent to the tug berth.

Road trucks and mafi-trucks are used during the stevedoring and marshalling operations to transport

containers to and from the storage area from and to the ships or cranes. The route they take is

circular between the storage area and shipside

It should be noted that noise from trucks and machinery moving on public roads is not included as

port noise.

12.8. Log Loaders


Log loaders are similar to forklifts and are large diesel driven machines with hydraulically controlled

beaks that can lift 20 tonnes of logs. Their initial duty is to offload the trucks of logs on arrival and to

place the logs into storage rows. They are used to either move the logs to shipside during loading or

onto trucks that transport the logs to shipside where another log loader offloads and places the logs

into bunks ready for the stevedore to lift onto the ship.

The log loaders generate noise especially when applying revs to lift the heavy loads. An associated

noise can be logs rolling from the stockpile when log loaders are removing logs from the pile. The log

trucks moving back from shipside rattle and bang. A booming sound may occur when logs are first

placed in large empty holds of ships.

12.9. Abrasive Blasting

The ship repair industry need to undertake abrasive blasting of hulls to remove the paint ready for

recoating and is a particularly noisy operation. The abrasive blasting mainly occurs at the slipway at

an elevated location.

The Slipway is outside of the Port Operational Area (but within the Port Industrial Area) and is

managed by a lease holder (Calwell Slipway, Nelson Ltd).

The slipway has a resource consent that permits a higher level of noise at its boundary than the

other leased areas within the Port Industrial Area, to enable the abrasive blasting to take place (see

section 5 for details).

13. NOISE MINIMISATION

Noise reduction measures implemented to date include changes in land use within the port,

adoption of a Ships Berthing Code of Practice, investigation and where possible adoption of new

technology and staff awareness programmes. The following noise reduction methods are currently

in place at PNL.

13.1. Management changes to minimise noise have included:

i. Preventing horns being blown as a signal between log loader and truck;

ii. Moving the log storage closer to the loading wharf and further away from the

residential area;

iii. Day time activities utilise zones closer to residential areas e.g. a new location for

the empty container yard;


iv. Requesting shipping companies to investigate modifying generators/funnels of

ships;

v. New land acquired and redeveloped to provide log storage;

vi. Modification to crane spreaders e.g. Height Indicator System for reduced impact

between container and spreader;

vii. Berth allocation policy to use Brunt Quay as the preferred berth over Main Wharf

South for container vessels;

viii. Purchasing decision policy to acquire quieter plant and equipment e.g. container

handling forklifts, log loaders, trucks and trailers.

13.2. Container Handling, Stevedoring and Marshalling Code of Practice

Activities that take place at night are limited to those essential to service ships to facilitate their

efficient use of the port facilities. The following measures are in place or have been identified to be

included in future stevedoring codes of practice:

i. Awareness training will be provided for all stevedoring and marshalling staff and

all new staff will be briefed on noise, particularly noise at night;

ii. Staff input into methods of improving the noise environment will be encouraged;

iii. Regular meetings will be held between stevedores and cargo planners to

minimise unnecessary movements at night;

iv. Records will be kept of improvements to minimise movements;

v. Stevedoring Foremen will audit the noise being generated during the operations,

take steps to mitigate the noise where practical, and will monitor staff

performance for future staff allocation;

vi. Container twist locks to be placed in holding boxes rather than dropped onto the

deck of the ship;

vii. Where practicable the twist locks to be taken off the containers at wharf side

rather than on the ship (this reduces the potential of accidental dropping of the

steel holding units and stops the container about a metre above the wharf to


enable the twist locks to be removed and the container lowered slowly to the

wharf, reducing the landing impact);

viii. High stacking forklifts spreader hydraulic lift control to be fitted with pressure

reducing valve to delay the initial lift speed and avoid the impact when the

spreader engages the container;

ix. Reversing indicators on forklifts are disengaged at night and replaced with

reversing strobe lights;

x. Plant operators to complete a checklist of equipment at the start of each shift to

include noting any noise generating faults;

xi. Radios will be used for communications instead of verbal instructions;

xii. Use of horns will be limited to safety purposes;

xiii. The log marshalling company will comply with the Log Storage Code of Practice.

13.3. Ships at Berth Code of Practice

The following mitigation measures are in place or have been identified to be included in future ships

at berth codes of practice:

i. Berth ships with the major noise source, e.g. generators or ventilation fans,

directed away from the residential area, unless the ship is required to be berthed

on the opposite side for loading purposes;

ii. Maintain and display in the Duty Pilots office a register of noisy ships and their

best berth and direction so that they may be identified prior to entering port and

berthed as above. The berth selection will be subject to operational constraints;

iii. Seek proactive support from regular shipping lines to minimise noise from vessels

by:

Endeavouring to achieve the loading at other ports that enables the vessel to

be berthed as required in i) above;

Investigating means of reducing the noise emitted from overly noisy motors,

generators, fans or loading gear;


Investigating means of muting the noise emitted from the ship’s loading

equipment warning bells or sirens without compromising their safety

purpose;

iv. Loudspeaker systems shall not be used on ships in port for any reason other than

for safety warnings;

v. Ship horns shall only be used when testing is required prior to departure and if

possible the testing shall be undertaken during day hours, 0700-2200. The

exceptions are :

Cruise Liners upon arrival or departure to relay a welcome and thank you

signal;

Where the horns are required for navigational safety, such as in fog.

13.4. Cargo Transport and Storage Code of Practice

The following mitigation measures are in place or have been identified to be included in future cargo

transport and storage code of practice where practical:

i. Receiving containers at the port and the delivering onto the customer’s road

freighting company’s truck will generally occur during the hours 0700 - 2200,

unless delivering direct to the ship.

ii. Placing as many reefer (refrigerated) containers on power with their motors

positioned facing away from the Port Hills as practical.

iii. Placing stacks of empty containers, where practical, to form a buffer between the

Port Hills and port operations, subject to obtaining a balance between noise

mitigation and adverse visual effects, and determining that there is no adverse

effects due to deflection of noise.

iv. Empty container yard, packing containers and quarantine work will generally be

day operations, 0700 – 2200, other than during peak times when the operations

must continue to achieve completion prior to the ship visit. However, pre-

tripping (checking they will hold the required temperature) of reefer containers is

a 24 hour operation.


v. Regular meetings will be held between cargo planners and stevedores and to

minimise unnecessary movements at night.

13.5. Plant, Equipment and Development Code of Practice

Plant and equipment used in the Port Operational Area is subject to the following measures:

i. Plant and equipment tenders shall include noise levels as an important factor and

this will be considered when deciding which offer/quotation/tender to accept.

ii. Plant and equipment shall be regularly maintained to keep noise emissions to a

minimum and repaired at an early date whenever damage causes increased

noise.

iii. Daily start-up checklist for operators includes a check on anything that the

operator identifies as noisy and/or has suddenly become noisy.

iv. Safety warning devices shall where practical minimise noise. For example:

Disengaging the reversing indicators at night and replacing them with

reversing strobe lights for safety;

v. The effect of noise on residents shall be a factor when considering alternatives

for port development.

13.6. Port Users

PNL will continue to encourage companies working within the Port Area to be aware of noise issues

through:

i. Contractor inductions;

ii. Updates to the Common User Protocol.

13.7. Port Noise Network

i. The PNL Environmental Officer will maintain regular communication with Ports

across New Zealand and internationally to share best practice in minimising port

noise;

ii. Maintain regular contact with providers of specialised port equipment and

ensure noise reducing modifications are adopted as soon as is practicable;


iii. Keep up to date with New Zealand Standards for industry and adopt applicable

best practice.

13.8. Audits and Performance Measurement

i. The noise minimisation objectives of this plan may be audited externally as part

of the Ports environmental management programme accredited to ISO 14001;

ii. Develop performance measures for external audit with the objective of

continuous improvement to ISO 14001 accreditation standards;

iii. Revise the PNEMP noise policy to align with the NMP.

14. SIGNIFICANT NOISE EVENT INVESTIGATION PROCEDURE

The nature of operations at Port Nelson in conjunction with the proximity of the Port Hills residential

area means that at night residents may be exposed to sudden clangs and bangs which cause them to

be woken. In acoustic terms these clangs and bangs are represented by the Lmax parameter. Lmax is

the A frequency weighted maximum sound level in decibels over a particular time frame (normally

15 minutes).

14.1. Significant Noise Event

PNL is committed to minimising the clangs and bangs associated with operations, particularly at

night. To reduce the occurrence of noise events which exceed 85dBA Lmax (modeled at the 65 dBA

Ldn contour line on the Port Noise Contour Map) noise levels7 PNL will:

14.1.1. Ensure all relevant staff receive induction and training in the importance of noise

minimisation (see Section 13.6, and 15);

14.1.2. Work closely with other port users to ensure all noise sources are kept to a minimum in

particular Lmax events exceeding 85 dBA.

14.1.3. Irrespective of any complaint, whenever the continuous sound level monitor indicates that

Port Noise has exceeded 85dBA Lmax 2200hrs – 0700hrs PNL will:

i. Identify the source of the Lmax exceedance event and investigate its cause.

Video monitoring footage of port activity will be used where possible to

7 Noise limits taken from NZS 6809:1999 Acoustics – Port noise: Management and land use planning


investigate the source of Port Noise in order to reduce the occurrence of

significant noise;

ia Record and analyse noise levels from the continuous noise monitor, including

Noise events (including sound recordings), Short report, and half second SPL for

the 15 minute interval;

ii. Investigate and implement any action which could help prevent that noise event

which exceeded 85 dBA Lmax from reoccurrence;

iii. Report its findings to the PNLC, within 7 days of the event including a report on

the actions taken;

iv. Where the findings involve a breach of company policy on noise by an employee

what action has been taken and if no action the reason. It is acknowledged that

such action may include redeployment to day shifts, further training or treatment

of the matter as a performance management issue.

14.1.4. PNL will also investigate and report the highest three Lmax readings per calendar month in

excess of 75dBA 2200 hours — 0700 hours (modelled at the 65dBA Ldn contour line on the

Port Noise Contour Map) such investigation to be identical to sub-clauses i, ii and iv in

clause 14.1.3 above and shall be reported as part of the monthly reporting requirements of

AP29.9.A.2 i(b).

15. NOISE AWARENESS AND REINFORCEMENT

An integral part of minimising noise at source is an active and effective awareness and training

programme. PNL has an Environmental Management Plan that is accredited to the ISO14001

standard. The standard requires any staff that have the potential to cause a significant

Environmental Aspect are competent on the basis of appropriate education, training or experience.

PNL have identified noise generation as the most significant Environmental Aspect of its operation.

The awareness of noise generation and the reinforcement of methods to minimise noise is assisted

by the following methods:

15.1. PNL Training Modules


The following training modules are part of the PNL Training and Development programme, which

incorporates unit standards from the Stevedoring and Ports National Certificate. Each of these

training modules incorporates a section on minimising noise:

i. Wharfhand Training Module;

ii. Deckhand Training Module;

iii. Hatchmen Training Module;

iv. Crane Driver Training Module;

v. Port Environmental Training Module;

vi. Vehicle Use Training Module;

vii. Radio Use Training Module;

viii. Maffi Truck Use Training Module;

ix. Forklift Driving Training Module;

x. Fertiliser Unloading Training Module;

xi. Yardman Training Module.

15.2. PNL Meetings

As part of normal PNL operations, PNL will schedule regular meetings to enable proactive

consultation between staff members and departments. Meetings at which noise may be discussed

include the following:

i. Daily ‘9.15’ Operations meeting held between all departments;

ii. Quarterly Cargo Operations briefings;

iii. Foremen’s Meetings (stevedoring);

iv. Internal Environment Committee.

15.3. Internal PNL Documentation

Internal documents will be used by PNL to keep staff aware and up to date with noise issues, and as

a forum for sharing best practice. Examples of these are as follows:


i. Best Practice ‘Soft Touchdown’;

ii. Stevedoring Health & Safety Audit;

iii. Noise Audits completed during stevedoring operations;

iv. Mobile Harbour Crane Driver Expectation Agreement;

v. Staff Environmental Induction.

15.4. PNL Staff Expectations

PNL’s expectations of staff with regard to noise will be included in future employment documents.

Staff will be inducted and trained on these expectations. Where staff are not meeting these

expectations then this will be managed directly with staff as a performance issue and may result in

disciplinary action. These expectations will be clearly set out in PNL employment documentation,

including but not limited to: Employment Agreements, Job Descriptions, and PNL’s Policy and

procedures.


16. ALTERATIONS TO THIS PLAN

16.1. This Plan will be updated as required to reflect any relevant changes made to the NRMP;

16.2. This Plan may be altered by resolution of the PNLC in accordance with the AP29.A1.i(h) of

the NRMP;

16.3. Any amendments to this Plan will be sent to the NCC as required by AP29.A.2 of the NRMP.

Port Nelson No

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3. APPENDIX B NOISE COMPLAINTS PROCEDURE PORT NELSON COMPLAINTS PROCEDURE for a complaint received by PORT NELSON LTD

1. Call Logged and complainant details taken;

a. Name, address, contact details, time and date.

2. Noise event details taken:

a. Description of noise e.g. One off Clang or bang or continuous/ongoing noise? Any

possible/likely cause, and location within Port.

3. Gatehouse staff to notify Foreman of noise complaint and to outline #2 above. Foreman is to

take steps to immediately investigate the cause of the noise event and if caused by port

operations to take appropriate actions to prevent or reduce the likelihood of recurrence;

4. Gatehouse staff to contact NCC/CALLCARE (ph 5460200) and provide all of the information from

above (As soon as practicable);

5. Gatehouse staff to fill out Incident Register in full;

6. Environmental Officer to enter details into CRM and track investigation;

a. Notify Nelson City Council Environmental Officer of noise complaint;

b. Detailing of the noise levels from the continuous noise monitor, including; Noise events

(including sound recordings), Short report, and Half second SPL;

c. Identify Port operations occurring around the time of the complaint. Video monitoring

footage of port activity will be used where possible to investigate the source of Port

Noise, in order to reduce the occurrence of significant noise;

d. Take steps to investigate the noise complaint as soon as practicable;

e. Report back to the complainant within 5 working days of the complaint being made the

outcome of the investigation;

f. Record the steps taken to investigate the noise complaint and to resolve or mitigate the

noise issue, and report to PNLC at the earliest opportunity.

7. Complaint and investigation report tabled at next PNLC meeting to include complainant

satisfaction to PNL response and review of actions is undertaken.


4. APPENDIX C DEFINITIONS “Acoustic Treatment” means acoustic treatment of a residential property that achieves an indoor

design level of 40 dBA Ldn (5 day) within all living area(s) and all bedroom(s), either with ventilating

windows open or with mechanical ventilation installed and operating, when port noise is at or below

the certified level of port noise. Acoustic treatment shall include the cost of testing and obtaining an

acoustic certificate.

“Best practicable option” in relation to a discharge of a contaminant or an emission of noise, means

the best method of preventing or minimising the adverse effects on the environment having regard,

among other things, to:

d) the nature of the discharge or emission and the sensitivity of the receiving environment to

adverse effects, and

e) the financial implications, and the effects on the environment, of that option when

compared with other options, and

f) the current state of technical knowledge and the likelihood that the "option can be

successfully applied.

“dBA” means the A-frequency-weighted sound pressure level in decibels relative to a reference

sound pressure of 20 micropascals. See NZS 6801:1991 clause 2.1 definition of frequency, sound

pressure, reference sound pressure, sound pressure level, decibel, weighting, and sound level.

“Environmental Officer” is the Noise Officer appointed by the Port Operator pursuant to this Port

Noise Management Plan.

“Environmental Aspect” means a feature or characteristic of an activity, product or service that

affects or can affect the environment.

“ISO 14001” is a series of documents relating to the implementation of an Environmental

Management System (EMS ). ISO 14001:2004 is the document which defines the requirements for

the EMS and provides guidance for its use.

“L90” means the L90 exceedance level, in A-frequency-weighted decibels, which is equalled or

exceeded, 90 percent of the total measurement time. See NZS 6801:1991 clause 2.2 definition of

exceedance level.

”Leq” in decibels, is the value of the steady continuous A-weighted sound pressure level that, within

the relevant measurement time interval, has the same mean square sound pressure as the sound

under consideration, the level of which varies over time.

“Ldn” means the “Day Night Average Sound Level” as defined in NZS6801:1999 and is the night-

weighted sound exposure level in A-frequency weighted decibels. (An additional 10 dBA is added to

the Leq for the period from 10 pm to 7 am.) It is measured for 24 hours from midday to midday.

“Lmax” means the maximum sound level: The maximum noise level during a designate time interval

or a noise event.


“Nelson City Council” or “NCC” refers to the Local Government Council of the Nelson Region.

“Nelson Resource Management Plan” or “NRMP” refers to the combined District (land use) and

Regional (coastal, land disturbance and freshwater) Plan that is prepared under the Resource

Management Act 1991.

“Noise Affected Property” means a site used for residential purposes that is situated in the

Residential Zone adjacent to PNL and identified on the Port Noise Contour Map as receiving levels of

port noise at or above 55 dBA Ldn but excludes:

i. Properties that have received acoustic treatment in accordance with rule INr40.1

and Appendix 29.B (Noise Mitigation Plan) and are receiving port noise at or

below the certified level of port noise.

“Port Nelson Industrial Area” Means the land and water space zoned industrial and de-lineated in

pink on Maps 6R, 9R and 10R of Volume 4 of the NRMP.

“Port Nelson Environmental Management Plan” refers to the management system that controls

environmental effects of port activities and is accredited to ISO14001 standard.

“Port Nelson Noise Management Plan” means the Port Noise Management Plan created pursuant to

Rule INr.40 of the Nelson Resource Management Plan

“Port Nelson Limited” or “PNL ” refers to the operator of Port Nelson.

“Port Nelson Noise Mitigation Plan” means the Port Noise Mitigation Plan of Port Nelson created

pursuant to Rule INr.40 of the Nelson Resource Management Plan.

“Port Noise” means noise generated within the Port Industrial Area; and includes

• Noise from ships and boats at berth;

• Noise associated with the handling of cargo;

• Noise from trucks and machinery;

• Noise from administrative, repair, storage and maintenance activities;

but excludes:

• Noise from ships and boats not at berth;

• Noise associated with construction of permanent Port Industrial Area facilities;

• Noise from an emergency situation;

• Noise from vehicles on public roads.

“Port Nelson Noise Contour Map” means a noise contour map referred to in Appendix 29.A.1.(i) of

the NRMP and contained in the Port Noise Management Plan showing port noise Ldn levels based on

a busy 5 day operating scenario to provide for the identification of Noise Affected Properties.

“PNL” means Port Nelson Limited or its successor.


“Port Nelson Noise Liaison Committee” means the committee established pursuant to Rule INr.40 of

the NRMP to consider noise issues arising from port operations, and carry out functions identified in

the NMP and Appendix 29B of the NRMP.

“Port Operational Area” refers to the area that is under direct Port Nelson Ltd control, and does not

include leased areas.

“RoRo” means Roll on Roll off, where cargo may be driven directly into the hold of a ship via a ramp.

“Variation 07/01 (Port Noise)” means the NCC initiated Variation to the NRMP to manage Port noise.

1.8 APPENDIX I NOISE MITIGATION PLAN

CONTENTS

1. INTRODUCTION .................................................................................................................... 1

2. PLAN OBJECTIVES ................................................................................................................. 1

3. RELEVANT STATUTORY DOCUMENTS AND REGULATIONS ...................................................... 1

4. MITIGATION SUMMARY ....................................................................................................... 2

5. THE PORT NOISE LIAISON COMMITTEE .................................................................................. 3

6. MITIGATION OF NOISE AFFECTED PROPERTIES ...................................................................... 4

7. MITIGATION FOR STAGE ONE NOISE AFFECTED PROPERTIES .................................................. 6

8. MITIGATION FOR STAGE TWO NOISE AFFECTED PROPERTIES ............................................... 11

9. MITIGATION FOR STAGE THREE NOISE AFFECTED PROPERTIES ............................................. 13

10. MITIGATION IMPLEMENTAION DETAILS .......................................................................... 14

11. ALTERATIONS TO THIS PLAN ............................................................................................ 18

APPENDIX A - PROPERTIES LOCATED IN STAGE ONE .................................................................... 19

APPENDIX B - PROPERTIES LOCATED IN STAGE TWO……………………………………………………………………….18 APPENDIX C PROPERTIES LOCATED IN STAGE THREE……………………………………………………………………….23 APPENDIX D DEFINITIONS .......................................................................................................... 25

Approved for release by:

Matt McDonald - PNL Infrastructure Manager

Date of approval: 21 January 2011

Plan Created By: Thomas Marchant – PNL Environmental Officer

Port Nelson Noise Mitigation Plan Page 1

1. INTRODUCTION

1.1. This Port Nelson Noise Mitigation Plan8 (the Plan) implements part of the requirements in

the Nelson Resource Management Plan (NRMP) of Rule INr.40.1 for Port Nelson Ltd (PNL)

to have and to implement a Port Noise Mitigation Plan, a Port Noise Management Plan and

to establish a Port Noise Liaison Committee (PNLC).

1.2. The minimum criteria required by this Plan are specified in the NRMP, which were

incorporated by way of Variation 07/01 (‘the Variation’) which addresses Port noise issues.

If any provisions of this Plan are in conflict with these provisions then the provisions of the

NRMP will prevail.

1.3. Refer to the Port Nelson Noise Management Plan for information on the management and

minimisation of Port Noise.

2. PLAN OBJECTIVES

2.1. The main objective of this Plan is to set out detailed procedures for the implementation of

Rule INr.40 (b) and Appendix 29.B of the NRMP i.e. to produce, implement and comply with

a Port Noise Mitigation Plan.

2.2. To provide a timeframe and procedure for the carrying out of Acoustic Treatment for Noise

Affected Properties.

2.3. To provide the procedure for determining the fair market value of a property for the

purchase of affected properties.

2.4. To provide information on the role and functions of the PNLC in terms of acoustic treatment

and noise mitigation.

3. RELEVANT STATUTORY DOCUMENTS AND REGULATIONS

3.1. The relevant statutory or other documents that have a bearing on this plan are:

• The Resource Management Act 1991;

• The NRMP;

• The New Zealand Coastal Policy Statement 1994;

8 Text in bold is defined in Appendix D – Definitions


• The Port Noise Standard NZS6809:1999;

• Measurement of Sound Standard NZS 6801:1999;

• The Building Act 2004;

• The Health and Safety in Employment Act 1992;

• The Port Companies Act 1988;

• The Health Act 1956.

4. MITIGATION SUMMARY

4.1. Modelling has identified residential properties that are considered to be Noise Affected

Properties. The model was created using the measured noise profiles of the machinery

used at Port Nelson, simulating actual operations at each of the cargo berths. All other port

activities were also included in the model, including ships at berth and refrigerated

containers on power.

4.2. The areas affected by Port Noise are shown on the Port Nelson Noise Contour Map (refer

to Figure One). The Port Nelson Noise Contour Map is a representation of a busy five day

operating scenario calculated as Ldn9 at one dBA interval contours. Because the contours

have been derived from noise modelling, instantaneous noise levels at a particular contour

line can be expected to be, on occasion, marginally higher or lower than the representative

contour line (see paragraph 4.3 below and definitions in Appendix D).

4.3. The Port Nelson Noise Contour Map contains three contour bands or ‘stages’ based on the

level of predicted noise received. Criteria for noise mitigation will apply to existing Noise

Affected Properties in the Residential Zone where the residential unit is identified as being

within one of these stages on the current Port Noise Contour Map. The map will be updated

annually for the first five years of the Variation being operative, and then two yearly

thereafter to reflect any operational changes.

4.4. The Ldn approach is considered an appropriate method to provide for noise management

through the development of noise contours, and are also used adjacent to Nelson Airport.

PNL uses the Ldn parameter as the basis of its noise management. In recognition of sleep

interference Ldn imposes a 10 dBA penalty for noise at night.

9 Ldn is the Day/night level, or day-night average sound level. That is the A-frequency-weighted time-average sound level, in decibels, over a 24-hour period obtained after the addition of 10 decibels to sound levels measured during the night (22:00hrs – 07:00hrs).


5. THE PORT NOISE LIAISON COMMITTEE

5.1. Role of the PNLC

5.1.1. The PNLC considers all noise issues arising from the port operation and carry out the

functions identified in this Plan, the Noise Management Plan and any functions identified in

Appendix 29.B. of the NRMP. The PNLC is a functional interface between PNL and the

residents affected by noise from the port. It is recognized that a balance needs to be

struck between the needs of PNL and those of the residents, and a functioning PNLC is a

cornerstone of this process.

5.2. Functions of the PNLC

5.2.1. The PNLC primary functions are outlined in the Port Nelson Noise Management Plan.

Particular functions that are relevant to the Noise Mitigation Plan are as follows:

i. Oversee the implementation of the Noise Mitigation Plan.

ii. Provide a functional interface between PNL and the residents affected by noise from the

Port.

iii. Provide recommendations to PNL on the contribution to acoustic treatment of Stage Three

properties (refer to Section 9 for details on Stage Three properties).

iv. Monitor whether or not PNL and other port users are meeting community expectations to

minimise and mitigate Port noise.

v. Provide a forum for residents of the Port Effects Overlay to have views on noise considered

by PNL.

vi. Ensure documentation relevant to noise mitigation are up to date and in use in port

operations.


6. MITIGATION OF NOISE AFFECTED PROPERTIES

6.1. This Plan provides for the mitigation for dwellings in the residential zone on a three stage

basis as follows:

6.2. The inner most contour line models received noise at 65 dBA Ldn. Properties receiving

modeled noise >65dBA Ldn are categorized as ‘Stage One Properties’. Properties within this

line are the most affected by noise, and the Plan requires PNL to offer to purchase, or

provide acoustic treatment and ventilation, as appropriate, at its own cost, to all existing

dwellings which do not currently meet an Indoor Design Level in Habitable Spaces of 40

dBA Ldn. Refer to section 7 for detailed information for Stage One properties.

6.3. Stage Two properties located outside the 65 dBA Ldn line, but within the second line which is

modeled at 60 dBA Ldn, the Port Operator must offer to contribute up to 50% of the cost of

acoustic treatment, as appropriate, of all existing dwellings which do not already meet the

Indoor Design Level in habitable spaces (40 dBA Ldn). Refer to section 8 for detailed

information for Stage Two properties.

6.4. Properties outside the 60 dBA Ldn line, but within a third line modelled at 55 dBA Ldn, are

categorized as ‘Stage Three Properties’. PNL may offer to contribute up to 50% of the cost

of acoustic treatment, assessed on a case by case basis and on the recommendation of the

PNLC. Refer to section 9 for detailed information on Stage Three properties.

6.5. The obligation on PNL to contribute to acoustic treatment for Noise Affected Properties

does not end until an Acoustic Certificate for the property is lodged with the NCC. The offer

for acoustic treatment of a property remains in place irrespective of any changes in

ownership of the property.

6.6. Figure One shows the current Port Nelson Noise Contour Map

Figu

re O

ne –

Por

t Nel

son

Noi

se C

onto

ur M

ap


6.7. PNL will work to achieve the initial offer within the timeframe specified in the NRMP in

Appendix 29.B. Stage One property owners will have offers within one year of notification

of the Variation. For Stage two properties, PNL will make offers to contribute towards the

cost of Acoustic treatment in accordance with progressively over a five year period from

notification of the Variation. Owners of Stage Three properties will be notified of eligibility

to request technical advice and to be considered for financial assistance for mitigation

works within three years of notification of the Variation.

6.8. The Acoustic Treatment will be based on recommendations in an Acoustic Report from an

Acoustic Engineer and will be particular to each individual residential unit. The acoustic

report will clearly outline the alterations required to achieve the indoor design level of

40dBA Ldn within all habitable spaces of the residential unit. For example, work proposed

may include:

• Thicker noise insulating glass to outside windows;

• Ensuring that any opening windows that are required to be shut to achieve the noise

reduction needed are sealed when not open;

• Sound insulating linings on interior walls and ceilings, where needed, and backed

with sound insulation material in some cases;

• Mechanical Ventilation to bedrooms and living areas.

7. MITIGATION FOR STAGE ONE NOISE AFFECTED PROPERTIES

7.1. Stage One properties are those Noise affected Properties that are identified on the current

Port Noise Contour Map as predicted to receive Port Noise at 65dBA Ldn and above. PNL is

obliged to offer to purchase or provide Acoustic Treatment for Stage One properties.

7.2. A list of properties that are currently located in Stage One is provided in Appendix A:

7.2.1. The following conditions and standards will apply to the offer to purchase or provide

Acoustic treatment (from Appendix 29.B.1 of the NRMP):

(a) The owner of each property will have the right to elect whether to accept either the offer

of purchase or the offer of acoustic treatment and there is no time limit on the owner’s

acceptance of the offer.


(b) If an owner elects to choose the offer of purchase, the purchase price will be the fair

market value of the property which will be determined as if the property was not affected by

noise from the Port Industrial Area.

(c) Acoustic treatment of properties will be carried out by the Port Operator in accordance

with procedures specified in the Port Noise Mitigation Plan. The Port Operator will not be

required to spend on Acoustic treatment more than 50% of the value of the property after

deducting the land value for the property.

(d) Where the assessed cost of Acoustic treatment exceeds 50% of the value of the house

(excluding land value) the Port Operator will advise the property owner of the cost of

Acoustic treatment and offer the property owner the option of making up the difference in

the cost of Acoustic treatment to enable the Port Operator to obtain an Acoustic Certificate,

or having the Port Operator purchase the property. If the property owner elects purchase of

the property the provisions of (a) and (b) above and AP29.B.5 will apply.

(e) If port noise received by a property which has received Acoustic treatment pursuant to

this Appendix 29B exceeds the Certified level of Port Noise for that property, then the Port

Operator will offer to either purchase the affected property or to undertake further acoustic

treatment, despite the previous election of Acoustic treatment

(f) Where as a result of updating the Port Noise Contour Map a property that has previously

received Acoustic Treatment under the provisions of AP29.B.2 or AP29.B.3 comes within the

provisions of AP29.B.1, that property owner will be entitled to reimbursement of the amount

of the property owner’s contribution under AP29.B.2 or AP29.B.3, as the case may be.

7.3. Valuing Properties

7.3.1. Where owners indicate that they are considering the offer of purchase option made to

them, the “Fair Market Value” of noise affected properties required for purchase according

to AP29.B.1 of the NRMP will be calculated, in accordance with AP29.B.5 as follows:

7.3.2. PNL will appoint a registered valuer to assess the fair market value of the property and

dwelling. PNL will provide the property owner notice in writing of the registered valuer’s

assessment of the value together with a copy of the registered valuation.

7.3.3. The purchase price will be the fair market value of the property which will be determined

as if the property was not affected by noise from the Port Industrial Area.

7.3.4. If the property owner wishes to dispute the valuation then the property owner will advise

PNL and supply their own registered valuation as soon as practical after receiving the


valuation from PNL. If PNL does not agree with the property owner’s assessment of the

value then the valuers appointed by PNL and the property owner will meet and endeavour

to agree upon the value or values in dispute.

7.3.5. If the two valuers are unable to agree, then the fair market value will be determined by a

valuer agreed upon by the two valuers or, if they are unable to agree on a valuer, then by a

valuer appointed by the President of the Nelson Branch of the New Zealand Law Society

whose determination will be binding on PNL and the property owner; In this instance the

costs and expenses of the valuer will be equally shared between PNL and the property

owner.

7.4. Timeframe for acceptance of the offer

Fair market value will be agreed on the basis that the settlement of the transaction is

completed within 3 months or at a possession date to be agreed by both parties. If that is

not agreed, either party may reserve the right to have a new assessment of fair market

value after that date.

7.5. Mitigation Procedures

The acoustic treatment procedure for Stage One properties will generally follow the

mitigation implementation steps in Section 6. A flowchart of the Mitigation Procedure is

shown overleaf.


A flowchart of the Mitigation Procedure is shown below:

PNL will offer to either purchase or provide Acoustic Treatment for a property located in Stage One of the current Port Noise Contour Map.

Property owner has the right to elect whether to accept either offer and there is no time limit on this decision.

Owner accepts offer of PNL to purchase the property

Owner accepts offer from PNL to provide acoustic treatment of the residential unit

Fair market value of the property is determined – refer to Section 7.3 and arrangements are made for PNL to purchase the property and undertake Acoustic Treatment.

Residential unit is tested by an acoustic engineer once the Acoustic Treatment work is complete, and an Acoustic Completion Certificate may be lodged with the NCC

Process ENDS

An Acoustic Report is prepared for the existing residential unit.

Quotation(s) are sought for acoustic treatment work outlined in the acoustic report. (If the assessed cost of Acoustic treatment exceeds 50% of the value of the house (excluding land

value) refer to Section 7.2.1 d) above)

A Mitigation Agreement outlining the scope of the acoustic treatment is prepared by PNL and proposed to the property owner.

When the mitigation agreement is signed by both parties, the acoustic treatment work can commence.

Residential unit is tested by an acoustic engineer once the Acoustic Treatment work is

complete, and an Acoustic Completion Certificate may be lodged with the NCC.

Process ENDS


8. MITIGATION FOR STAGE TWO NOISE AFFECTED PROPERTIES

8.1. Stage Two Noise affected properties are located on the current Port Noise Contour Map as

being predicted to receive 60 dBA Ldn and above and less than 65 dBA Ldn. PNL will

contribute 50% towards the costs of Acoustic treatment for Stage Two Noise Affected

Properties:

8.2. Refer to Appendix B for a list of property addresses that are currently located in Stage Two.

The list has been provided by the Nelson City Council.

8.3. Consistent with Appendix 29.B.1 of the NRMP , PNL will provide Acoustic treatment as

follows:

The Port Operator will contribute 50% of the cost of Acoustic treatment but will not be

obliged to contribute more than that sum. If the property owner does not decide to

contribute the difference, the Port Operator is not obliged to provide the Acoustic

treatment.

Acoustic treatment of properties will be carried out in accordance with procedures

specified in the Port Noise Mitigation Plan. The Port Noise Mitigation Plan provides for

the staging of this work in accordance with Section AP29.B.4 below. The Port Operator

will not be required to spend on acoustic treatment more than 50% of the value of the

property after deducting the land value for the property.


The acoustic treatment procedure for Stage Two procedures will generally follow the

mitigation implementation steps in Section 6. A flowchart of the Mitigation Procedure is

shown overleaf.


A flowchart of the Mitigation Procedure for Stage Two properties is shown below:

PNL makes an offer to the owner of a property located within Stage Two on current Port Noise Contour Map by PNL.

Property owner indicates they are willing to pursue Acoustic Treatment for the property

Current property owner decides to decline

offer.


Offer for acoustic treatment has no time limit and remains in place.

Quotation(s) are sought for acoustic treatment work outlined in the Acoustic Report.

A Mitigation Agreement outlining the scope of the acoustic treatment and the PNL contribution is prepared by PNL and proposed to the property owner.

When the Mitigation Agreement is signed by both parties, the acoustic treatment work can commence.

PNL staff member will inspect the acoustic treatment and PNL will contribute the agreed amount if satisfied that the terms of the Mitigation Agreement have been met.

8.5. Staging of Mitigation for Stage Two Properties

PNL will make offers to contribute towards the cost of Acoustic treatment in accordance

with AP29.B.2 progressively over a five year period from notification of the Variation

proceeding in one decibel intervals from the most affected property to the least affected.


9. MITIGATION FOR STAGE THREE NOISE AFFECTED PROPERTIES

9.1. Stage Three noise affected properties are those properties shown on the Port noise

contour map as being predicted to receive Port Noise at a level of 55 dBA Ldn and above and

less than 60 dBA Ldn.

9.2. On request by the owner and on the recommendation of the PNLC, PNL may offer, to

provide technical advice and/or to contribute up to 50% of the costs of acoustic treatment

for Stage Three properties.

9.3. Refer to Appendix B for a list of property addresses that are currently located in Stage

Three. The list has been provided by the Nelson City Council.

9.4. All requests from property owners in accordance with AP29.B.3.i will be considered by the

PNLC on a case by case basis and a recommendation made to PNL.


The acoustic treatment procedure for Stage Three procedures will generally follow the mitigation

implementation steps in Section 6. A flowchart of the Mitigation Procedure is shown below.

The owner of a property located within Stage Three on current Port Noise Contour Map requests to be considered for Acoustic Treatment.


Quotation(s) are sought for acoustic treatment work outlined in the Acoustic Report.

The PNLC considers the proposal for acoustically treating the residential unit and makes a recommendation to PNL

PNL considers the recommendation from the PNLC

If required, a Mitigation Agreement outlining the scope of the acoustic treatment and the PNL contribution is prepared by PNL and proposed to the property owner.

At the stage the mitigation agreement is signed by both parties, the acoustic treatment work can commence.

PNL staff member will inspect the acoustic treatment and PNL will contribute the agreed


amount if satisfied that the terms of the mitigation agreement have been met.

9.6. Staging of Mitigation for Stage Three properties

9.6.1. Not more than three years after the notification of The Variation, PNL will notify owners of

all Stage three noise-affected properties of their eligibility to request technical advice and

to be considered for financial assistance for mitigation works.

10. MITIGATION IMPLEMENTATION DETAILS

10.1. This section deals with some of the specific issues that have arisen from the

implementation of the Acoustic Treatment requirements of the Variation. The following

issues have been discussed in detail by the PNLC, and appropriate recommendations are

reflected in the following sections. For example section 10.3 details the situation where a

property is acoustically treated in stages, to either a lesser standard, or partially treated to

the meet the indoor design level.

10.2. Acoustic Reports

Any acoustic report that may be required for a property will be prepared by an acoustic

engineer that is engaged by PNL in order to assess the work required to acoustically treat the

residential unit. This assessment may require the engineer to liaise with the owners, and this

will be facilitated by a PNL staff member.

10.3. Partial Acoustic Treatment and Acoustic Treatment to a Lesser Standard

10.3.1. Partial Acoustic Treatment: this refers to a situation where the residential unit is only

partially acoustically treated. The partial treatment could be either “spatial” (e.g. only one

habitable room treated out of a total of three habitable rooms) or by “trade” (e.g. re-glazing

completed in all habitable spaces but no ventilation work has occurred). This is mainly for

Stage Two and Stage Three properties where an owner may wish to stage the work over a

period of time due to financial constraints or other reasons. Overall, PNL’s objective is to

fully acoustically treat the property and Partial Acoustic Treatment enables this to occur over

a period of time.

10.3.2. Lesser Standard: this refers to a situation where the owner elects to accept a standard of

treatment that does not meet the design goal (40dBA Ldn within habitable spaces). Refer to


definition of Acoustic Treatment in Appendix D for a detailed definition of acoustic

treatment to a lesser standard.

10.3.3. At the stage when an Acoustic Completion Certificate is issued for a residential unit, then

PNL is discharged of any obligation to contribute further to Acoustic Treatment of the Noise

Affected Property. Furthermore, an Acoustic Completion Certificate can only be issued

when all habitable spaces in the dwelling have been acoustically treated. The Variation

provides that this certificate can be either:

To achieve an indoor design level of 40 dBA Ldn or less within every habitable space,

OR

When the owner has agreed to a Lesser Standard of acoustic treatment.

10.3.4. PNL will contribute to Partial Acoustic Treatment. In the situation where a residential unit

changes ownership prior to the completion of the acoustic treatment process, then

provided that the work completed is consistent with the recommendations of the Acoustic

Engineer in the Acoustic Report for that residential unit, then the acoustic treatment will

still be able to provide the indoor design level of 40dBA Ldn. Any outstanding Acoustic

Treatment work at the time of the change of ownership will remain eligible for

contribution by PNL (to the new owner).

10.3.5. PNL will not support a combination of Partial Treatment to a Lesser Standard. This will

avoid the potential for the situation to occur where a property changes ownership and the

new owner pursues an additional contribution from PNL for acoustic treatment to achieve

the indoor design level of 40dBA Ldn- where the previous owner had agreed to a lesser

standard of acoustic treatment. If this situation did occur, as the property has not been

issued an Acoustic Completion Certificate, PNL may be obliged to contribute for a second

time to the acoustic treatment.

10.3.6. In the situation where a property owner agrees with PNL to completely acoustically treat

the house to a Lesser Standard and an Acoustic Completion Certificate can be issued for

the property, PNL will contribute as it is obliged to in terms of the NRMP rules. PNL’s

obligation to acoustically treat a residential unit is discharged when there is an Acoustic

Completion Certificate issued for the residential unit.

10.4. Project Management of Acoustic Treatment


10.4.1. If the level of work required for acoustic treatment requires a specialist building project

manager, the project manager will be appointed by agreement between PNL and the

property owner. If the level of acoustic treatment does not require a specialist building

project manager, a PNL staff member will perform this role in consultation with the

property owner.

10.4.2. The project manager will manage day to day implementation and oversee subcontractors.

The quality of the work may be assured through a contract issued with the project

manager requiring all finishing to be completed to a professional standard and to generally

match existing décor and through the individual negotiation and agreement process.

10.4.3. The costs associated with the Project Manager will fall under the same obligation for

Acoustic Treatment. That is for Stage One properties PNL will pay the total cost, for Stage

Two properties PNL will pay 50% and Stage Three will be on a case by case basis and as

recommended by the PNLC (up to a maximum of 50%).

10.5. The Mitigation Agreement

10.5.1. The contribution to the acoustic treatment will be outlined in a written agreement

between PNL and the owner prior to any work commencing. The Mitigation Agreement will

set out details of the mitigation work proposed and an outline of PNL’s contribution. This

may include:

A summary of the costs for acoustic treatment;

Approximate timing of the work;

Arrangements to be made for access, insurance and payment arrangements and any

specific access needs confirmed with the owner;

An outline of any further work to be completed for an Acoustic Completion Certificate to

be issued for the residential unit;

It is acknowledged that there may be more than one Mitigation Agreement for a

residential unit if the owner is undertaking Partial Acoustic Treatment (refer to Section

10.3.1).


10.5.2. In the situation where the owner of a residential unit wishes to pursue acoustic treatment

to the Lesser Standard (refer to section 10.3.2) the mitigation agreement will include a

requirement for the residential unit to be acoustically treated in full. In the event that the

indoor design level of 40dBA Ldn is not achieved the agreement will provide for

selecting the Lesser standard of acoustic treatment on the Acoustic Completion Certificate.

10.5.3. Any costs associated with legal fees will be negotiated by between parties, and any legal

process will not begin without the agreement of both parties.

10.6. Lowest Cost Acoustic Treatment

10.6.1. PNL contribution is limited to the lowest cost option of the acoustic treatment. The costs to

generally match as far as practical and reasonable the existing décor will be included in the

mitigation work. However costs related to “betterment” or added features may be covered

as part of the agreement, but this will be at the owner’s cost.

10.6.2. A typical example of the situation outlined above is as follows:

An acoustic report has outlined that in order to achieve the indoor design level, the glass

thickness must be upgraded from 4mm to 6mm float glass. The property owner wishes to

install double glazed units for additional thermal insulation. PNL will seek advice from the

Acoustic Engineer to ensure that the double glazed units will achieve the indoor design

level, and any increase in cost between the two options will be at the owner’s expense.

10.6.3. For houses with character features in most cases there is an acceptable solution to retain

those features. However if not, the proposals to reduce noise may not be desirable to the

house owner. In this case the owner may choose to carry out Acoustic Treatment to a

Lesser Standard and this will be recorded on the Acoustic Report and the Acoustic

Completion Certificate issued.

10.6.4. PNL may obtain additional quotes or request the property owner to obtain additional

quotes for Acoustic Treatment to ensure that the cost of the work is of lowest cost as

outlined above.

10.7. Noise Mitigation Budget

A Noise Mitigation Budget sufficient to achieve the requirement for noise mitigation as

described in the Variation and the NRMP will be allocated annually by PNL. This will cover


costs associated with the evaluation, inspection, acoustic treatment and certification for

Noise Affected Properties.

10.8. Disputes Procedure

Where disputes cannot be resolved by a negotiated agreement, a committee comprising the

PNLC chair, a representative from PNL and a resident’s representative will meet with the

owner to facilitate an agreement being reached.

10.9. Acoustic Certificate Register

10.9.1. PNL will maintain an Acoustic Certificate Register. A copy of the register and Acoustic

Certificates for noise affected properties will be supplied to the NCC. Copies of the register

and acoustic certificates will also be held at the offices of PNL and the NCC and made

available to members of the public on request. Acoustic Certificate information will be filed

by the NCC in the appropriate property file for inclusion in a LIM or PIM report.

11. ALTERATIONS TO THIS PLAN

11.1. This Plan will be updated as required to reflect any relevant changes made to the NRMP.

11.2. Recommendations to PNL to alter this Plan may be made by resolution of the PNLC,

provided it all times reflects the requirements for noise mitigation in the NRMP.

11.3. Any proposed amendments to this Plan will be sent to the Nelson City Council as required

by rules in the NRMP.


5. APPENDIX A - PROPERTIES LOCATED IN STAGE ONE

Number Road Name Acoustic Treatment Status10 55 Queens Road Acoustic Certificate Issued 56 Queens Road Acoustic Certificate Issued 57 Queens Road Acoustic Certificate Issued 62 Queens Road Acoustic Certificate Issued 64 Queens Road Acoustic Certificate Issued 66 Queens Road Acoustic Certificate Issued 68 Queens Road Acoustic Certificate Issued 70 Queens Road Acoustic Report Prepared 1/72 Queens Road Acoustic Certificate Issued 72B Queens Road Acoustic Certificate Issued 74 Queens Road Acoustic Report Prepared

10 Acoustic Certificate Issued refers to a certificate lodged with NCC confirming compliance with the Variation – refer to section 9.9. Acoustic Report Prepared indicates that the property has been assessed by a qualified Acoustic Engineer – refer to Appendix D for the definition of an Acoustic Report. - Indicates that no progress on Acoustic Treatment has been made on this property to date. ‘Partial Treatment Completed’ indicates that the property has had some acoustic treatment carried out – refer to section 9.3.1

6.

APP

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sect

ion

9.3.

1

6.

APP

END

IX B

PR

OPE

RTI

ES L

OC

ATED

IN S

TAG

E TW

O

Port Nelson No

ise Mitigation

Plan Page 2

1

Num

ber

Road

Nam

e Ac

oust

ic Tr

eatm

ent S

tatu

s11

Nu

mbe

r Ro

ad N

ame

Acou

stic

Trea

tmen

t Sta

tus12

36

Q

ueen

s Rd

-

7 Be

achv

ille

Cres

-

37

Que

ens R

d -

7A

Be

achv

ille

Cres

Ac

oust

ic Re

port

Pre

pare

d 39

Q

ueen

s Rd

-

9 Be

achv

ille

Cres

Ac

oust

ic Re

port

Pre

pare

d 40

Q

ueen

s Rd

-

11

Beac

hvill

e Cr

es

- 42

Q

ueen

s Rd

-

13

Beac

hvill

e Cr

es

Acou

stic

Repo

rt P

repa

red

44

Que

ens R

d -

15

Be

achv

ille

Cres

-

46

Que

ens R

d -

17

Be

achv

ille

Cres

Ac

oust

ic Re

port

Pre

pare

d 49

Q

ueen

s Rd

-

19

Beac

hvill

e Cr

es

Part

ial T

reat

men

t Com

plet

ed

50

Que

ens R

d -

51

Be

achv

ille

Cres

-

51

Que

ens R

d -

53

Be

achv

ille

Cres

-

52

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d

55

Beac

hvill

e Cr

es

Part

ial T

reat

men

t Com

plet

ed

53

Que

ens R

d Pa

rtia

l Tre

atm

ent C

ompl

eted

61

Beac

hvill

e Cr

es

Acou

stic

Repo

rt P

repa

red

59

Que

ens R

d -

63

Be

achv

ille

Cres

-

61

Que

ens R

d -

65

Que

ens R

d -

18

3 Ha

ven

Rd

- 67

Q

ueen

s Rd

-

189

Have

n Rd

-

80

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d

193

Have

n Rd

-

82

Que

ens R

d -

19

5 Ha

ven

Rd

- 84

Q

ueen

s Rd

-

197

Have

n Rd

-

94

Que

ens R

d -

19

9 Ha

ven

Rd

Acou

stic

Cert

ifica

te Is

sued

95

Q

ueen

s Rd

-

201

Have

n Rd

Ac

oust

ic Re

port

Pre

pare

d

20

3 Ha

ven

Rd

- 63

St

anle

y Cr

es

-

205

Have

n Rd

Ac

oust

ic Ce

rtifi

cate

Issu

ed

71

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d

209

Have

n Rd

Ac

oust

ic Re

port

Pre

pare

d 73

St

anle

y Cr

es

-

211

Have

n Rd

-

75

Stan

ley

Cres

-

36C

Vict

oria

Rd

- 25

Cr

aigh

olm

Cre

s -

7.

APP

END

IX C

PR

OPE

RTI

ES L

OC

ATED

IN S

TAG

E TH

REE

Port Ne

lson Noise Mit

igation Plan

Page 22

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus12

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus13

20

Ru

ssel

l St

-

29

Beac

hvill

e Cr

es

- 20

A Ru

ssel

l St

-

32

Beac

hvill

e Cr

es

- 21

Ru

ssel

l St

-

33

Beac

hvill

e Cr

es

Acou

stic

Repo

rt P

repa

red

23

Russ

ell S

t -

39

Be

achv

ille

Cres

-

25

Russ

ell S

t Ac

oust

ic Re

port

Pre

pare

d

41

Beac

hvill

e Cr

es

- 1/

26

Russ

ell S

t -

43

Be

achv

ille

Cres

-

27

Russ

ell S

t Ac

oust

ic Re

port

Pre

pare

d

45

Beac

hvill

e Cr

es

- 28

Ru

ssel

l St

Acou

stic

Repo

rt P

repa

red

49

Be

achv

ille

Cres

Ac

oust

ic Re

port

Pre

pare

d 29

Ru

ssel

l St

Part

ial T

reat

men

t Com

plet

ed

57

Be

achv

ille

Cres

-

30

Russ

ell S

t -

59

Be

achv

ille

Cres

-

31

Russ

ell S

t -

33

Russ

ell S

t -

1/

2 St

anle

y Cr

es

- 34

Ru

ssel

l St

-

4 St

anle

y Cr

es

- 35

Ru

ssel

l St

Acou

stic

Repo

rt P

repa

red

6

Stan

ley

Cres

-

37

Russ

ell S

t Ac

oust

ic Re

port

Pre

pare

d

12

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 39

Ru

ssel

l St

Acou

stic

Repo

rt P

repa

red

14

St

anle

y Cr

es

- 41

Ru

ssel

l St

Acou

stic

Repo

rt P

repa

red

16

St

anle

y Cr

es

- 44

Ru

ssel

l St

-

18

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 45

Ru

ssel

l St

-

21

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 47

Ru

ssel

l St

-

23

Stan

ley

Cres

-

49

Russ

ell S

t -

55

St

anle

y Cr

es

- 51

Ru

ssel

l St

Part

ial T

reat

men

t Com

plet

ed

57

St

anle

y Cr

es

- 52

Ru

ssel

l St

-

61

Stan

ley

Cres

-

53

Russ

ell S

t Ac

oust

ic Re

port

Pre

pare

d

65

St

anle

y Cr

es

Part

ial T

reat

men

t Com

plet

ed

2 Be

achv

ille

Cres

Ac

oust

ic Re

port

Pre

pare

d

67

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 4

Beac

hvill

e Cr

es

-

69

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 5

Beac

hvill

e Cr

es

-

71

Stan

ley

Cres

Ac

oust

ic Re

port

Pre

pare

d 8

Beac

hvill

e Cr

es

-

77

Stan

ley

Cres

-

12

Beac

hvill

e Cr

es

-

79

Stan

ley

Cres

-

14

Beac

hvill

e Cr

es

-

22

Be

achv

ille

Cres

-

2

Vict

oria

Roa

d -

12 ‘A

cous

tic C

ertif

icat

e Is

sued

’ ref

ers

to a

cer

tific

ate

lodg

ed w

ith N

CC

con

firm

ing

com

plia

nce

with

the

Var

iatio

n –

refe

r to

sect

ion

9.9.

‘A

cous

tic R

epor

t Pre

pare

d’ in

dica

tes

that

the

prop

erty

has

bee

n as

sess

ed b

y a

qual

ified

Aco

ustic

Eng

inee

r – re

fer t

o A

ppen

dix

D fo

r the

def

initi

on o

f an

Acou

stic

Rep

ort.

‘-‘ In

dica

tes

that

no

prog

ress

on

Acou

stic

Tre

atm

ent h

as b

een

mad

e on

this

pro

perty

to d

ate.

‘P

artia

l Tre

atm

ent C

ompl

eted

’ ind

icat

es th

at th

e pr

oper

ty h

as h

ad s

ome

acou

stic

trea

tmen

t car

ried

out –

refe

r to

sect

ion

9.3.

1

7.

APP

END

IX C

PR

OPE

RTI

ES L

OC

ATED

IN S

TAG

E TH

REE

Port Ne

lson Noise Mit

igation Plan

Page 23

28

Beac

hvill

e Cr

es

Part

ial T

reat

men

t Com

plet

ed

6

Vict

oria

Roa

d -

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus13

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus13

2

Vict

oria

Hgt

s -

34

Q

ueen

s Rd

Acou

stic

Repo

rt P

repa

red

4 Vi

ctor

ia H

gts

-

35

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d 8

Vict

oria

Hgt

s -

10

6 Q

ueen

s Rd

- 8B

Vi

ctor

ia H

gts

-

108

Que

ens R

d -

10

Vict

oria

Hgt

s -

11

1 Q

ueen

s Rd

Acou

stic

Repo

rt P

repa

red

12

Vict

oria

Hgt

s -

11

3 Q

ueen

s Rd

- 14

Vi

ctor

ia H

gts

-

16

Vi

ctor

ia H

gts

Acou

stic

Repo

rt P

repa

red

1

Harb

our T

erra

ce

- 18

Vi

ctor

ia H

gts

-

1A

Harb

our T

erra

ce

Acou

stic

Repo

rt P

repa

red

22

Vict

oria

Hgt

s -

3

Harb

our T

erra

ce

- 24

Vi

ctor

ia H

gts

-

5 Ha

rbou

r Ter

race

-

25

Vict

oria

Hgt

s Ac

oust

ic Re

port

Pre

pare

d

7 Ha

rbou

r Ter

race

-

26

Vict

oria

Hgt

s -

9

Harb

our T

erra

ce

- 27

Vi

ctor

ia H

gts

-

22

Albe

rt R

oad

- 28

Vi

ctor

ia H

gts

-

29

Vi

ctor

ia H

gts

-

1/33

1 W

akef

ield

Qua

y -

30

Vict

oria

Hgt

s -

33

3 W

akef

ield

Qua

y -

31

Vict

oria

Hgt

s Ac

oust

ic Re

port

Pre

pare

d

335

Wak

efie

ld Q

uay

- 32

Vi

ctor

ia H

gts

-

337

Wak

efie

ld Q

uay

- 35

Vi

ctor

ia H

gts

-

339

Wak

efie

ld Q

uay

-

34

1 W

akef

ield

Qua

y -

2 Q

ueen

s Rd

-

343

Wak

efie

ld Q

uay

- 4

Que

ens R

d -

34

5 W

akef

ield

Qua

y -

5 Q

ueen

s Rd

-

347

Wak

efie

ld Q

uay

- 7

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d

349

Wak

efie

ld Q

uay

Acou

stic

Repo

rt P

repa

red

(In P

art)

9 Q

ueen

s Rd

Acou

stic

Repo

rt P

repa

red

36

5 W

akef

ield

Qua

y -

11

Que

ens R

d -

36

7 W

akef

ield

Qua

y -

15

Que

ens R

d -

17

Que

ens R

d

1

Brita

nnia

Hgt

s -

19

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d

3 Br

itann

ia H

gts

- 21

Q

ueen

s Rd

4 Br

itann

ia H

gts

Acou

stic

Repo

rt P

repa

red

23

Que

ens R

d Ac

oust

ic Re

port

Pre

pare

d

5 Br

itann

ia H

gts

- 25

Q

ueen

s Rd

-

6 Br

itann

ia H

gts

Part

ial T

reat

men

t Com

plet

ed

27

Que

ens R

d -

7

Brita

nnia

Hgt

s -

28

Que

ens R

d -

8

Brita

nnia

Hgt

s -

29

Que

ens R

d -

8A

Br

itann

ia H

gts

Acou

stic

Repo

rt P

repa

red

30

Que

ens R

d -

10

Br

itann

ia H

gts

Acou

stic

Repo

rt P

repa

red

31

Q

ueen

s Rd

-

1/16

Br

itann

ia H

gts

-

7.

APP

END

IX C

PR

OPE

RTI

ES L

OC

ATED

IN S

TAG

E TH

REE

Port Ne

lson Noise Mit

igation Plan

Page 24

33

Que

ens R

d -

16

B Br

itann

ia H

gts

Acou

stic

Repo

rt P

repa

red

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus13

Num

ber

Road

Nam

e Ac

oust

ic T

reat

men

t Sta

tus13

15

Fo

unta

in P

lace

-

1

Fife

shire

Cre

s -

17

Foun

tain

Pla

ce

Acou

stic

Repo

rt P

repa

red

1B

Fi

fesh

ire C

res

- 21

Fo

unta

in P

lace

Ac

oust

ic Re

port

Pre

pare

d

1C

Fife

shire

Cre

s -

23

Foun

tain

Pla

ce

-

1D

Fife

shire

Cre

s -

1E

Fife

shire

Cre

s -

1 M

ount

Ple

asan

t Ave

-

3

Fife

shire

Cre

s Ac

oust

ic Re

port

Pre

pare

d 26

A M

ount

Ple

asan

t Ave

-

35A

Mou

nt P

leas

ant A

ve

-

93

Have

n Ro

ad

- 41

M

ount

Ple

asan

t Ave

-

11

1 Ha

ven

Road

-

11

Po

ynte

rs C

res

Acou

stic

Repo

rt P

repa

red

12

Poyn

ters

Cre

s Pa

rtia

l Tre

atm

ent C

ompl

eted


6. APPENDIX D DEFINITIONS “Acoustic Certificate” or “Acoustic Completion Certificate” means a certificate signed by a suitably

qualified acoustic engineer certifying acoustic treatment of a residential unit and specifying a

certified level of port noise within a residential unit.

“Acoustic Certificate Register” means the register kept by the Port Operator that contains a list of all

properties that have an acoustic certificate, the date of the certificate and the certified level of port

noise for that property.

“Acoustic Report” refers to the acoustic assessment of a residential unit, and outlines the upgrading

required to achieve the indoor design level of 40 dBA Ldn within all Habitable Spaces.

“Acoustic Treatment” means acoustic treatment of a residential unit to achieve an indoor design

level of 40 dBA Ldn within all habitable spaces, either with ventilating windows open or with

mechanical ventilation installed and operating, when port noise is at or below the certified level of

port noise and shall include the cost of testing and obtaining an Acoustic Certificate; except in the

following circumstances when the above indoor design level does not need to be achieved:

a) the property owner seeks a form of or level of acoustic treatment or mitigation that results in a

different indoor design level, or,

b) it is impracticable to achieve the specified indoor design level due to the desirability of

maintaining heritage features of a building, and instead the indoor design level of the habitable

spaces will be reduced as far as practicable,

c) it is impracticable to achieve the specified indoor design level in habitable spaces at a cost of 50%

of the value of the property (excluding land value), and instead the indoor design level in habitable

spaces will be reduced as far as practicable while not exceeding the cost of 50% of the value of the

property (excluding land value).”

“Best practicable option” in relation to a discharge of a contaminant or an emission of noise, means

the best method of preventing or minimising the adverse effects on the environment having regard,

among other things, to:

d) the nature of the discharge or emission and the sensitivity of the receiving environment

to adverse effects, and

e) the financial implications, and the effects on the environment, of that option when

compared with other options, and

f) the current state of technical knowledge and the likelihood that the "option can be

successfully applied.

“Certified Level of Port Noise” is the maximum level of port noise that a residential property subject

to an Acoustic Certificate for Acoustic Treatment can receive, provided that the certified level of port


noise for any property is set 3 dBA Ldn above the noise contour level for that property shown on the

port noise contour map in the Port Noise Management Plan at the date the certificate was issued.

“dBA” means the A-frequency-weighted sound pressure level in decibels relative to a reference

sound pressure of 20 micropascals. See NZS 6801:1991 clause 2.1 definition of frequency, sound

pressure, reference sound pressure, sound pressure level, decibel, weighting, and sound level.

“Habitable Space” means the interior parts of a building used for any residential activity but

excluding any bathroom, laundry, water closet, pantry, walk-in-wardrobe, corridor, hallway, lobby,

clothes drying room, garage, carport or other space of a specialised nature occupied neither

frequently nor for extended periods.

“Indoor Design Level” refers to the indoor design level of 40dBA Ldn achieved by acoustically treating

all habitable spaces of a residential unit.

“Lesser Standard” (of acoustic treatment): this refers to a situation where the owner elects to

accept a standard of treatment that does not meet the design goal, which is 40dBA Ldn (and/or the

relevant air changes for ventilation, and is provided for on the Acoustic Completion Certificate.

“L10” means the L10 exceedance level, in A-frequency-weighted decibels, which is equalled or

exceeded, ten percent of the total measurement time. See NZS 6801:1991 clause 2.2 definition of

exceedance level.

”Leq” in decibels, is the value of the steady continuous A-weighted sound pressure level that, within

the relevant measurement time interval, has the same mean square sound pressure as the sound

under consideration, the level of which varies over time.

“Ldn” means the 5 day “Day Night Average Sound Level” as defined in NZS6801:1999 and is the

night-weighted sound exposure level in A-frequency weighted decibels. (An additional 10 dBA is

added to the Leq for the period from 10 pm to 7 am.) It is measured for 24 hours from midday to

midday.

“Mechanical Ventilation” means a mechanical system or mechanical ventilation systems as

described in Appendix 19.2.ii of the NRMP:

(a) A mechanical system or mechanical ventilation systems capable of:

• providing at least 15 air changes of outdoor air per hour in the principal living room of each building and give 5 air

changes of outdoor air per hour in the other habitable spaces of each building, in each case with all external doors and

windows of the building closed with the exception of such windows in nonhabitable spaces that need to be ajar to provide

air relief paths;

• enabling the rate of airflow to be controlled across the range, from the maximum airflow capacity down to 0.5 air

changes (plus or minus 0.1) of outdoor air per hour in all habitable spaces;

• limiting internal air pressure to not more than 30 Pascals above the ambient air pressure;

• being individually switched on and off by the building occupants, in the case of each system; and


• creating no more than 40dBA Leq (15 min) in the principal living room, no more than 30 dBA Leq (15 min) in the other

habitable spaces, and no more than 50dBA Leq (15 min) in any hallway, in each building. Noise levels from the mechanical

system(s) shall be measured at least one metre away from any diffuser.

Or: (b) Air conditioning plus mechanical outdoor air ventilation capable of:

• providing internal temperatures in habitable spaces not greater than 25 degrees Celsius at 5% ambient design conditions

as published by the National Institute of Water & Atmosphere Research (“NIWA”) (NIWA, Design Temperatures for Air

Conditioning (degrees Celsius), Data Period 1991-2000), with all external doors and windows of the habitable spaces closed;

• providing 0.5 air changes (plus or minus 0.1) of outdoor air per hour in all habitable spaces;

• each of the air conditioning and mechanical ventilation systems shall be capable of being individually switched on and off

by the building occupants; and

• creating no more than 40dBA Leq (15 min) in the principal living room, no more than 30 dBA Leq (15 min) in the other

habitable spaces, and no more than 40 dBA Leq (15 min) in any hallway, in each building. Noise levels from the mechanical

system(s) shall be measured at least one metre away from any diffuser.

and:

(c) a mechanical kitchen extractor fan ducted directly to the outside to serve any cooking hob, if such extractor fan is not

already installed and in sound working order.

“Noise Affected Property” means a site used for residential purposes that is situated in the

Residential Zone adjacent to PNL and identified on the Port Noise Contour Map as receiving levels of

port noise at or above 55 dBA Ldn but excludes:

ii. Properties that have received acoustic treatment in accordance with rule INr40.1

and Appendix 29.B (Noise Mitigation Plan) and are receiving port noise at or

below the certified level of port noise.

“Noise Mitigation Budget” is the sum of money allocated by the Port Operator for noise mitigation.

“Partial Acoustic Treatment”: this refers to a situation where the residential unit is only partially

acoustically treated. The partial treatment could be either “spatial” (e.g. only one habitable room

treated out of a total of three habitable rooms) or by “trade” (e.g. re-glazing completed in all

habitable spaces but no ventilation work has occurred).

“Port Nelson Limited” or “PNL ” refers to the operator of Port Nelson.

“Port Nelson Noise Management Plan” means the Port Noise Management Plan created pursuant

to Rule INr.40 of the Nelson Resource Management Plan

“Port Nelson Noise Mitigation Plan” means the Port Noise Mitigation Plan of Port Nelson created

pursuant to Rule INr.40 of the Nelson Resource Management Plan.

“Port Noise” means noise generated within the Port Industrial Area; and includes

• Noise from ships and boats at berth;

• Noise associated with the handling of cargo;

• Noise from trucks and machinery and


• Noise from administrative, repair, storage and maintenance activities;

but excludes:

• Noise from ships and boats not at berth;

• Noise associated with construction of permanent Port Industrial Area facilities;

• Noise from an emergency situation;

• Noise from vehicles on public roads.

“Port Noise Contour Map” means a noise contour map referred to in Appendix 29.A.1.(i) of the

NRMP and contained in this Plan, and the Port Noise Management Plan showing port noise Ldn levels

based on a busy 5 day operating scenario to provide for the identification of Noise Affected

Properties.

“PNL” means Port Nelson Limited or its successor.

“Port Noise Liaison Committee” means the committee established pursuant to Rule INr.40 of the

NRMP to consider noise issues arising from port operations, and carry out functions identified in the

NMP and Appendix 29B of the NRMP.

“Property Owner” means the Registered Proprietor or Registered Proprietors of a property.

“Variation 07/01 (Port Noise)” refers to the NCC initiated Plan Variation to the NRMP to manage

Port noise.