Proposed Marlborough Environment Plan Volume 1 (335/385)

Proposed Marlborough Environment Plan Volume 1Proposed Marlborough Environment Plan Volume 1 (335/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Title Page & Contents Vol 1 (1/385)Proposed Marlborough Environment Plan Volume 1 - (2/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 1 - Introduction - 1. Introduction (3/385)Proposed Marlborough Environment Plan Volume 1 - Changed resource management framework - Guiding principles (4/385)Proposed Marlborough Environment Plan Volume 1 - (5/385)Proposed Marlborough Environment Plan Volume 1 - Structure of the MEP (6/385)Proposed Marlborough Environment Plan Volume 1 - (7/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 2 - Background - 2. Background - Identifying regionally significant issues - Review process (8/385)Proposed Marlborough Environment Plan Volume 1 - Integrated management of the Marlborough environment (9/385)Proposed Marlborough Environment Plan Volume 1 - Marlborough District Council as a unitary authority (10/385)Proposed Marlborough Environment Plan Volume 1 - Marlborough’s tangata whenua iwi (11/385)Proposed Marlborough Environment Plan Volume 1 - Working with others to sustainably manage Marlborough’s natural and physical resources - Statutory agencies (12/385)Proposed Marlborough Environment Plan Volume 1 - Resource users - Iwi authorities - Community groups - Relationship of the MEP to other policy statements, standards and strategies (13/385)Proposed Marlborough Environment Plan Volume 1 - National policy statements and national environmental standards - Relationship between the MEP and Long Term Plan (14/385)Proposed Marlborough Environment Plan Volume 1 - Other strategies and plans - Issues that cross local authority boundaries (15/385)Proposed Marlborough Environment Plan Volume 1 - (16/385)Proposed Marlborough Environment Plan Volume 1 - Monitoring the efficiency and effectiveness of the policies or methods (17/385)Proposed Marlborough Environment Plan Volume 1 - (18/385)Proposed Marlborough Environment Plan Volume 1 - How to use the MEP - Identifying regional policy statement, regional plan, regional coastal plan and district plan provisions - Interpretation of lists - Identifying those rules in the RMP that have immediate legal effect - Use of RMA terms (19/385)Proposed Marlborough Environment Plan Volume 1 - (20/385)Proposed Marlborough Environment Plan Volume 1 - (21/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 3 - Iwi Issues - 3. Marlborough’s tangata whenua iwi - Introduction - Te Tiriti o Waitangi (the Treaty of Waitangi) in a Marlborough context (22/385)Proposed Marlborough Environment Plan Volume 1 - (23/385)Proposed Marlborough Environment Plan Volume 1 - Understanding the iwi resource management framework (24/385)Proposed Marlborough Environment Plan Volume 1 - Environmental management concepts (25/385)Proposed Marlborough Environment Plan Volume 1 - (26/385)Proposed Marlborough Environment Plan Volume 1 - (27/385)Proposed Marlborough Environment Plan Volume 1 - (28/385)Proposed Marlborough Environment Plan Volume 1 - Issues of significance to Marlborough’s tangata whenua iwi - SPIRITUAL AND CULTURAL ISSUES - Issue 3A – The principles of the Treaty of Waitangi/Te Tiriti o Waitangi are not taken into account. (29/385)Proposed Marlborough Environment Plan Volume 1 - Issue 3B – Regard is not given to kaitiakitanga and the ability of Marlborough’s tangata whenua iwi to exercise kaitiakitanga is not enabled. - Issue 3C – The threats to the cultural heritage of Marlborough’s tangata whenua iwi. (30/385)Proposed Marlborough Environment Plan Volume 1 - Issue 3D – The impact of resource use on the mauri of natural resources. (31/385)Proposed Marlborough Environment Plan Volume 1 - Issue 3E – Difficulties in accessing and using cultural resources in traditional ways. - Issue 3F – The provision of papakāinga. (32/385)Proposed Marlborough Environment Plan Volume 1 - RELATIONSHIP AND PROCESS ISSUES - Issue 3G – Lack of representation and recognition of iwi values in decision making processes. - Issue 3H – The importance of consulting with iwi. (33/385)Proposed Marlborough Environment Plan Volume 1 - Issue 3I – Capacity of iwi to be able to effectively take part in resource consent processing and policy development. - Issue 3J – Cross boundary issues with an overlap in rohe of Marlborough’s tangata whenua iwi. (34/385)Proposed Marlborough Environment Plan Volume 1 - OBJECTIVES TO ADDRESS RESOURCE MANAGEMENT ISSUES 3A TO 3J - Objective 3.1 – The principles of the Treaty of Waitangi/Te Tiriti o Waitangi are taken into account in the exercise of the functions and powers under the Resource Management Act 1991. - Objective 3.2 – Natural and physical resources are managed in a manner that takes into account the spiritual and cultural values of Marlborough’s tangata whenua iwi and respects and accommodates tikanga Māori. - Objective 3.3 – The cultural and traditional relationship of Marlborough’s tangata whenua iwi with their ancestral lands, water, air, coastal environment, waahi tapu and other sites and taonga are recognised and provided for. - Objective 3.4 – Opportunities for development on Māori land that meet the needs of the landowners and respects the relationship of Marlborough’s tangata whenua iwi with land, water, significant sites and waahi tapu. (35/385)Proposed Marlborough Environment Plan Volume 1 - Objective 3.5 – Resource management decision making processes that give particular consideration to the cultural and spiritual values of Marlborough’s tangata whenua iwi. - POLICIES TO ACHIEVE OBJECTIVES 3.1 TO 3.5 (36/385)Proposed Marlborough Environment Plan Volume 1 - (37/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (38/385)Proposed Marlborough Environment Plan Volume 1 - (39/385)Proposed Marlborough Environment Plan Volume 1 - (40/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 4 - Use of Natural & Physical Resources - 4. Use of Natural and Physical Resources - Introduction - Issue 4A – Marlborough’s social and economic wellbeing relies on the use of its natural resources. (41/385)Proposed Marlborough Environment Plan Volume 1 - Objective 4.1 – Marlborough’s primary production sector and tourism sector continue to be successful and thrive whilst ensuring the sustainability of natural resources. (42/385)Proposed Marlborough Environment Plan Volume 1 - (43/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (44/385)Proposed Marlborough Environment Plan Volume 1 - Issue 4B – The social and economic wellbeing, health and safety of the Marlborough community are at risk if community infrastructure is not able to operate efficiently, effectively and safely. - Objective 4.2 – Efficient, effective and safe operation of regionally significant infrastructure (45/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (46/385)Proposed Marlborough Environment Plan Volume 1 - Issue 4C – The use and development of natural and physical resources in the Marlborough Sounds has the potential to detract from the character and intrinsic values of this unique and iconic environment. (47/385)Proposed Marlborough Environment Plan Volume 1 - Objective 4.3 – The maintenance and enhancement of the visual, ecological and physical qualities that contribute to the character of the Marlborough Sounds. (48/385)Proposed Marlborough Environment Plan Volume 1 - (49/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Anticipated environmental results and monitoring effectiveness (50/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 5 - Allocation of Public Resources - 5. Allocation of Public Resources - Introduction - Issue 5A – The diversity of water resources makes it difficult to achieve uniformity in water allocation and water use management regimes across the District. - Objective 5.1 – Water allocation and water use management regimes reflect hydrological and environmental conditions within each water resource. (51/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5B – The taking, damming or diversion of water can compromise the life-supporting capacity of rivers, lakes, aquifers and wetlands. (52/385)Proposed Marlborough Environment Plan Volume 1 - Objective 5.2 – Safeguard the life-supporting capacity of freshwater resources by retaining sufficient flows and/or levels for the natural and human use values supported by waterbodies. - Natural and human use values (53/385)Proposed Marlborough Environment Plan Volume 1 - Setting of environmental limits (54/385)Proposed Marlborough Environment Plan Volume 1 - (55/385)Proposed Marlborough Environment Plan Volume 1 - (56/385)Proposed Marlborough Environment Plan Volume 1 - Allocation of water (57/385)Proposed Marlborough Environment Plan Volume 1 - Diversion of water (58/385)Proposed Marlborough Environment Plan Volume 1 - Damming of water (59/385)Proposed Marlborough Environment Plan Volume 1 - Water shortage direction - Other (60/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5C – Marlborough’s social and economic wellbeing relies on an adequate supply of freshwater. - Objective 5.3 – Enable access to reliable supplies of freshwater (61/385)Proposed Marlborough Environment Plan Volume 1 - (62/385)Proposed Marlborough Environment Plan Volume 1 - (63/385)Proposed Marlborough Environment Plan Volume 1 - (64/385)Proposed Marlborough Environment Plan Volume 1 - (65/385)Proposed Marlborough Environment Plan Volume 1 - (66/385)Proposed Marlborough Environment Plan Volume 1 - (67/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5D – Many water resources are fully allocated or are approaching full allocation, inhibiting the opportunity to provide for further demand for water resources. - Objective 5.4 – Improve the utilisation of scarce water resources. (68/385)Proposed Marlborough Environment Plan Volume 1 - (69/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5E – The over-allocation of water resources creates a risk that the cumulative abstraction of water from the resource will exceed the safe yield, creating significant adverse effects on natural and human use values and threatening the reliability of existing water uses. - Objective 5.5 – Phase out any over-allocation of water resources. (70/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5F – The taking of groundwater in proximity to rivers can individually or collectively reduce flows in the rivers. (71/385)Proposed Marlborough Environment Plan Volume 1 - Objective 5.6 – Ensure that the taking of groundwater does not cause significant adverse effects on river flow. (72/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5G – Allocating more water than is actually required for any use creates the potential for inefficient use of water. This can compromise the sustainability of the resource and prevent other users accessing water. - Objective 5.7 – The allocation and use of water do not exceed the rate or volume required for any given water use. (73/385)Proposed Marlborough Environment Plan Volume 1 - (74/385)Proposed Marlborough Environment Plan Volume 1 - Frost fighting (75/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5H – Demand for water typically peaks when river flows and aquifer levels are at their lowest, which can cause short-term water availability issues. - Objective 5.8 – Maximise the availability of water within the limits of the resource. (76/385)Proposed Marlborough Environment Plan Volume 1 - (77/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5I – There is the potential for a new water user to get access to water on a more reliable basis than allocations already made, resulting in inequitable outcomes. (78/385)Proposed Marlborough Environment Plan Volume 1 - Objective 5.9 – Ensure that water users in the same or similar circumstances are treated in the same manner when it comes to securing access to water. (79/385)Proposed Marlborough Environment Plan Volume 1 - (80/385)Proposed Marlborough Environment Plan Volume 1 - Issue 5J – People want to be able to use and develop the coastal marine area for private benefit. (81/385)Proposed Marlborough Environment Plan Volume 1 - Objective 5.10 – Equitable and sustainable allocation of public space within Marlborough’s coastal marine area. (82/385)Proposed Marlborough Environment Plan Volume 1 - (83/385)Proposed Marlborough Environment Plan Volume 1 - (84/385)Proposed Marlborough Environment Plan Volume 1 - (85/385)Proposed Marlborough Environment Plan Volume 1 - (86/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 6 - Natural Character - 6. Natural Character - Introduction - Issue 6A – Resource use and changes in resource use can result in the degradation of the natural character of the coastal environment, and of lakes, rivers and their margins. (87/385)Proposed Marlborough Environment Plan Volume 1 - Objective 6.1 – Establish the degree of natural character in the coastal environment, and in lakes and rivers and their margins. (88/385)Proposed Marlborough Environment Plan Volume 1 - (89/385)Proposed Marlborough Environment Plan Volume 1 - (90/385)Proposed Marlborough Environment Plan Volume 1 - (91/385)Proposed Marlborough Environment Plan Volume 1 - Objective 6.2 – Preserve the natural character of the coastal environment, and lakes and rivers and their margins, and protect them from inappropriate subdivision, use and development. (92/385)Proposed Marlborough Environment Plan Volume 1 - (93/385)Proposed Marlborough Environment Plan Volume 1 - (94/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (95/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (96/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 7 - Landscape - 7. Landscape - Introduction (97/385)Proposed Marlborough Environment Plan Volume 1 - Issue 7A – Resource use and changes in resource use can result in the modification or loss of values that contribute to outstanding natural features and landscapes and to landscapes with high amenity value. (98/385)Proposed Marlborough Environment Plan Volume 1 - Objective 7.1 – Identify Marlborough’s outstanding natural features and landscapes and landscapes with high amenity value. (99/385)Proposed Marlborough Environment Plan Volume 1 - (100/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Objective 7.2 – Protect outstanding natural features and landscapes from inappropriate subdivision, use and development and maintain and enhance landscapes with high amenity value. (101/385)Proposed Marlborough Environment Plan Volume 1 - (102/385)Proposed Marlborough Environment Plan Volume 1 - (103/385)Proposed Marlborough Environment Plan Volume 1 - (104/385)Proposed Marlborough Environment Plan Volume 1 - (105/385)Proposed Marlborough Environment Plan Volume 1 - (106/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (107/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (108/385)Proposed Marlborough Environment Plan Volume 1 - (109/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 8 - Indigenous Biodiversity - 8. Indigenous Biodiversity - Introduction (110/385)Proposed Marlborough Environment Plan Volume 1 - Issue 8A – A reduction in the extent and condition of indigenous biodiversity in Marlborough. (111/385)Proposed Marlborough Environment Plan Volume 1 - (112/385)Proposed Marlborough Environment Plan Volume 1 - Objective 8.1 – Marlborough’s remaining indigenous biodiversity in terrestrial, freshwater and coastal environments is protected. (113/385)Proposed Marlborough Environment Plan Volume 1 - Objective 8.2 – An increase in area/extent of Marlborough’s indigenous biodiversity and restoration or improvement in the condition of areas that have been degraded. (114/385)Proposed Marlborough Environment Plan Volume 1 - (115/385)Proposed Marlborough Environment Plan Volume 1 - (116/385)Proposed Marlborough Environment Plan Volume 1 - (117/385)Proposed Marlborough Environment Plan Volume 1 - (118/385)Proposed Marlborough Environment Plan Volume 1 - (119/385)Proposed Marlborough Environment Plan Volume 1 - (120/385)Proposed Marlborough Environment Plan Volume 1 - (121/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (122/385)Proposed Marlborough Environment Plan Volume 1 - (123/385)Proposed Marlborough Environment Plan Volume 1 - (124/385)Proposed Marlborough Environment Plan Volume 1 - (125/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (126/385)Proposed Marlborough Environment Plan Volume 1 - (127/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 9 - Public Access & Open Space - 9. Public Access and Open Space - Introduction (128/385)Proposed Marlborough Environment Plan Volume 1 - Issue 9A – Trying to meet community expectations that public access will be available to rivers, lakes and the coast. - Objective 9.1 – The public are able to enjoy the amenity and recreational opportunities of Marlborough’s coastal environment, rivers, lakes, high country and areas of historic interest. (129/385)Proposed Marlborough Environment Plan Volume 1 - (130/385)Proposed Marlborough Environment Plan Volume 1 - (131/385)Proposed Marlborough Environment Plan Volume 1 - (132/385)Proposed Marlborough Environment Plan Volume 1 - (133/385)Proposed Marlborough Environment Plan Volume 1 - (134/385)Proposed Marlborough Environment Plan Volume 1 - (135/385)Proposed Marlborough Environment Plan Volume 1 - Objective 9.2 – Identification of circumstances when public access to and along the coast and the margins of lakes and rivers can be restricted. (136/385)Proposed Marlborough Environment Plan Volume 1 - Issue 9B – Ensuring the provision and management of suitable open space meets the present and future recreational, conservation and landscape needs of the community. (137/385)Proposed Marlborough Environment Plan Volume 1 - Objective 9.3 – A wide range of reserves and open space areas are available that contribute to the social and economic wellbeing of residents and visitors. (138/385)Proposed Marlborough Environment Plan Volume 1 - (139/385)Proposed Marlborough Environment Plan Volume 1 - (140/385)Proposed Marlborough Environment Plan Volume 1 - Objective 9.4 – The establishment or development of open space areas and recreational activities does not have adverse effects on the environment. (141/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (142/385)Proposed Marlborough Environment Plan Volume 1 - (143/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (144/385)Proposed Marlborough Environment Plan Volume 1 - (145/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 10 - Heritage Resources - 10. Heritage Resources and Notable Trees - Introduction (146/385)Proposed Marlborough Environment Plan Volume 1 - Issue 10A – Marlborough’s historic heritage may be lost or adversely affected by changes in land use and land use management practices. - Objective 10.1 - Retain and protect heritage resources that contribute to the character of Marlborough (147/385)Proposed Marlborough Environment Plan Volume 1 - (148/385)Proposed Marlborough Environment Plan Volume 1 - (149/385)Proposed Marlborough Environment Plan Volume 1 - (150/385)Proposed Marlborough Environment Plan Volume 1 - Issue 10B – Trees that contribute to Marlborough’s historic heritage and/or amenity values are at risk of being removed or adversely affected. (151/385)Proposed Marlborough Environment Plan Volume 1 - Objective 10.2 - Retain and protect trees that make a notable contribution to Marlborough's character (152/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (153/385)Proposed Marlborough Environment Plan Volume 1 - (154/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (155/385)Proposed Marlborough Environment Plan Volume 1 - (156/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 11 - Natural Hazards - 11. Natural Hazards - Introduction - Issue 11A – Natural hazards in Marlborough, particularly flooding, earthquakes and land instability, have the potential to cause loss of life and significant damage to property and regionally significant infrastructure. (157/385)Proposed Marlborough Environment Plan Volume 1 - Objective 11.1 – Reduce the risks to life, property and regionally significant infrastructure from natural hazards. (158/385)Proposed Marlborough Environment Plan Volume 1 - (159/385)Proposed Marlborough Environment Plan Volume 1 - (160/385)Proposed Marlborough Environment Plan Volume 1 - (161/385)Proposed Marlborough Environment Plan Volume 1 - (162/385)Proposed Marlborough Environment Plan Volume 1 - (163/385)Proposed Marlborough Environment Plan Volume 1 - (164/385)Proposed Marlborough Environment Plan Volume 1 - (165/385)Proposed Marlborough Environment Plan Volume 1 - Issue 11B – The use of natural and physical resources can make existing natural hazards worse. - Objective 11.2 – Natural hazard mitigation measures, structural works and other activities do not increase the risk and consequences of natural hazard events. (166/385)Proposed Marlborough Environment Plan Volume 1 - (167/385)Proposed Marlborough Environment Plan Volume 1 - (168/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (169/385)Proposed Marlborough Environment Plan Volume 1 - (170/385)Proposed Marlborough Environment Plan Volume 1 - (171/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (172/385)Proposed Marlborough Environment Plan Volume 1 - (173/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 12 - Urban Environments - 12. Urban Environments - Introduction (174/385)Proposed Marlborough Environment Plan Volume 1 - Residential environments - Issue 12A – Meeting the residential needs of Marlborough’s urban population whilst ensuring residential activity does not have adverse effects on the environment. - Objective 12.1 – Residential zones are primarily utilised for residential activities and a range of opportunities for different forms and densities of residential activity are available in Marlborough’s urban environments. (175/385)Proposed Marlborough Environment Plan Volume 1 - (176/385)Proposed Marlborough Environment Plan Volume 1 - (177/385)Proposed Marlborough Environment Plan Volume 1 - (178/385)Proposed Marlborough Environment Plan Volume 1 - Objective 12.2 – A high standard of amenity for residential development and attractive residential areas makes the urban environment a place where people want to live. (179/385)Proposed Marlborough Environment Plan Volume 1 - (180/385)Proposed Marlborough Environment Plan Volume 1 - (181/385)Proposed Marlborough Environment Plan Volume 1 - (182/385)Proposed Marlborough Environment Plan Volume 1 - Objective 12.3: Activities that are non-residential in character are appropriately located and of a scale and nature that will not create adverse effects on the character of residential environments. (183/385)Proposed Marlborough Environment Plan Volume 1 - (184/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (185/385)Proposed Marlborough Environment Plan Volume 1 - Business environments - Issue 12B – A loss in the vitality, viability and/or identity of Marlborough’s business environments may result either where inappropriate activities are located within these environments or when the fragmentation of business areas occurs. - Objective 12.4 – Marlborough has a well-structured and economically and socially successful range of business environments where the vitality, viability and identity of these environments is retained and enhanced. (186/385)Proposed Marlborough Environment Plan Volume 1 - (187/385)Proposed Marlborough Environment Plan Volume 1 - Objective 12.5 – A range of opportunities for different business and industrial activities are available. (188/385)Proposed Marlborough Environment Plan Volume 1 - (189/385)Proposed Marlborough Environment Plan Volume 1 - (190/385)Proposed Marlborough Environment Plan Volume 1 - Objective 12.6 – The maintenance and enhancement of the character and amenities of business and industrial areas make these environments places where people want to work, visit and invest. (191/385)Proposed Marlborough Environment Plan Volume 1 - (192/385)Proposed Marlborough Environment Plan Volume 1 - (193/385)Proposed Marlborough Environment Plan Volume 1 - Objective 12.7 – Reverse sensitivity effects on adjoining residential zones from activities within business and industrial zones are avoided. - Objective 12.8: A range of appropriate non-business or non-industrial activities are able to be undertaken. (194/385)Proposed Marlborough Environment Plan Volume 1 - (195/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (196/385)Proposed Marlborough Environment Plan Volume 1 - Issue 12C – Subdivision and development within urban environments can lead to increased demand for essential infrastructure services. - Objective 12.9 – The condition, capacity, efficiency and affordability of essential infrastructure services reflects the needs of Marlborough’s urban environments. (197/385)Proposed Marlborough Environment Plan Volume 1 - (198/385)Proposed Marlborough Environment Plan Volume 1 - (199/385)Proposed Marlborough Environment Plan Volume 1 - (200/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (201/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (202/385)Proposed Marlborough Environment Plan Volume 1 - (203/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 13 - Use of the Coastal Environment - 13. Use of the Coastal Environment - Introduction - Subdivision, use and development activities in the coastal environment (204/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13A – Trying to identify appropriate subdivision, use and development activities in Marlborough’s coastal environment while protecting the values of the environment. (205/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.1 – Areas of the coastal environment where the adverse effects from particular activities and/or forms of subdivision, use or development are to be avoided are clearly identified. (206/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.2 – Subdivision, use or development activities take place in appropriate locations and forms and within appropriate limits. (207/385)Proposed Marlborough Environment Plan Volume 1 - (208/385)Proposed Marlborough Environment Plan Volume 1 - (209/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (210/385)Proposed Marlborough Environment Plan Volume 1 - Recreational activities - Issue 13B – Providing for social wellbeing by ensuring people and communities can carry out recreational activities. (211/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.3 – Recreation continues to make a significant contribution to people’s health and wellbeing and to Marlborough’s tourism industry, whilst avoiding adverse effects on the environment. (212/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (213/385)Proposed Marlborough Environment Plan Volume 1 - Fishing - Issue 13C – The depletion of wild fisheries in the Marlborough Sounds. - Objective 13.4 – The sustainable management of fisheries in the Marlborough Sounds. (214/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Residential activity (215/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13D – There is pressure to use, develop and subdivide land for residential purposes within the coastal environment. - Objective 13.5 – Residential activity takes place within appropriate locations and limits within the coastal environment. (216/385)Proposed Marlborough Environment Plan Volume 1 - (217/385)Proposed Marlborough Environment Plan Volume 1 - (218/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (219/385)Proposed Marlborough Environment Plan Volume 1 - Boat moorings and anchoring - Issue 13E – How and where to provide for mooring and/or berthage facilities in Marlborough’s coastal environment. (220/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.6 – A range of options is available to accommodate mooring/berthage. - Objective 13.7 – The coastal marine area is able to be used for anchoring boats. (221/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.8 – Efficient use of the coastal marine area where there is competing demand to occupy coastal space for swing moorings. (222/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.9 – Outside of the Moorings Management Areas, other moorings are sited in appropriate locations. (223/385)Proposed Marlborough Environment Plan Volume 1 - (224/385)Proposed Marlborough Environment Plan Volume 1 - (225/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (226/385)Proposed Marlborough Environment Plan Volume 1 - Coastal structures, reclamations and disturbance to the foreshore and seabed - Issue 13F – There continues to be significant pressure for the development and/or redevelopment of a variety of coastal structures, including providing for boat access to properties within the Marlborough Sounds. (227/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.10 – Structures in the coastal environment including jetties, boatsheds, decking, slipways, launching ramps, retaining walls, coastal protection structures, pipelines, cables and/or other buildings or structures are appropriately located and within appropriate forms and limits to protect the values of the coastal environment. (228/385)Proposed Marlborough Environment Plan Volume 1 - (229/385)Proposed Marlborough Environment Plan Volume 1 - (230/385)Proposed Marlborough Environment Plan Volume 1 - (231/385)Proposed Marlborough Environment Plan Volume 1 - (232/385)Proposed Marlborough Environment Plan Volume 1 - (233/385)Proposed Marlborough Environment Plan Volume 1 - (234/385)Proposed Marlborough Environment Plan Volume 1 - (235/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13G – Disturbance of the foreshore and seabed through reclamation, dredging, drainage, deposition or other activities can have adverse and irreversible effects on values of the coastal environment. - Objective 13.11 – Minimise the loss of Marlborough’s coastal marine area through reclamation or drainage. (236/385)Proposed Marlborough Environment Plan Volume 1 - (237/385)Proposed Marlborough Environment Plan Volume 1 - (238/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.12a – Minimise the disposal or deposition of organic or inorganic material into the coastal marine area. - Objective 13.12b – Material dredged from the coastal marine area is appropriately disposed of. (239/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.13 – The effects of disturbance to the foreshore or seabed not provided for elsewhere are appropriately managed. (240/385)Proposed Marlborough Environment Plan Volume 1 - (241/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Shipping activity (242/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13H – Water transportation is a significant aspect of Marlborough’s overall transportation network but has the potential to be affected by various uses and activities. - Objective 13.14 – The use of the coastal marine area as part of Marlborough’s overall transportation network continues to contribute to the social, economic and cultural wellbeing of Marlborough and New Zealand. (243/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.15 – The efficient and safe use of the coastal marine area for water transportation. (244/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13I – Ships capable of travelling at speed or generating significant waves in Queen Charlotte Sound and Tory Channel have the potential to conflict with a range of other coastal users and values and to generate adverse environmental effects. (245/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.16 – The environmental effects of ship-generated waves and ship speed are managed so that potential conflict with other coastal users and values is avoided. (246/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (247/385)Proposed Marlborough Environment Plan Volume 1 - (248/385)Proposed Marlborough Environment Plan Volume 1 - Ports and marinas - Issue 13J – It is important that Marlborough’s existing ports, port landing areas and marinas continue to contribute to community economic and social wellbeing. (249/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.17 – Enable the efficient operation of Marlborough’s ports and marinas. (250/385)Proposed Marlborough Environment Plan Volume 1 - (251/385)Proposed Marlborough Environment Plan Volume 1 - (252/385)Proposed Marlborough Environment Plan Volume 1 - (253/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13K – There is potential for adverse effects to arise from the operation and maintenance of existing ports at Picton and Havelock, port landing areas at Elaine Bay and Oyster Bay and existing marinas at Picton, Waikawa and Havelock. - Objective 13.18 – Operation and maintenance of the Port, Port Landing Area and Marina Zones occurs in a way that minimises adverse effects on adjoining zones, water quality, air quality and values of the coastal environment. (254/385)Proposed Marlborough Environment Plan Volume 1 - (255/385)Proposed Marlborough Environment Plan Volume 1 - (256/385)Proposed Marlborough Environment Plan Volume 1 - (257/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Lake Grassmere Salt Works (258/385)Proposed Marlborough Environment Plan Volume 1 - Issue 13L – The production of solar salt at Lake Grassmere is important to Marlborough but there is potential for adverse effects on the environment to arise through production and harvesting processes. (259/385)Proposed Marlborough Environment Plan Volume 1 - Objective 13.19 – Enable the production of solar salt at Lake Grassmere in a sustainable manner. - Methods of implementation (260/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (261/385)Proposed Marlborough Environment Plan Volume 1 - (262/385)Proposed Marlborough Environment Plan Volume 1 - (263/385)Proposed Marlborough Environment Plan Volume 1 - (264/385)Proposed Marlborough Environment Plan Volume 1 - (265/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 14 - Use of the Rural Environment - 14. Use of the Rural Environment - Introduction (266/385)Proposed Marlborough Environment Plan Volume 1 - Issue 14A – Safeguarding the potential of Marlborough’s rural resources for primary production. - Objective 14.1 – Rural environments are maintained as a resource for primary production activities, enabling these activities to continue contributing to economic wellbeing whilst ensuring the adverse effects of these activities are appropriately managed. (267/385)Proposed Marlborough Environment Plan Volume 1 - (268/385)Proposed Marlborough Environment Plan Volume 1 - (269/385)Proposed Marlborough Environment Plan Volume 1 - Objective 14.2 – The sustainability of Marlborough’s rural economy is not adversely affected by the spread or introduction of pests. (270/385)Proposed Marlborough Environment Plan Volume 1 - (271/385)Proposed Marlborough Environment Plan Volume 1 - Objective 14.3 – Activities that are not related to primary production are appropriate to be located within rural environments. (272/385)Proposed Marlborough Environment Plan Volume 1 - Issue 14B – Inappropriate subdivision, land use and development can lead to the degradation of rural character and amenity values, as well as increased conflict with existing activities (reverse sensitivity). - Objective 14.4 – Rural character and amenity values are maintained and enhanced and reverse sensitivity effects are avoided. (273/385)Proposed Marlborough Environment Plan Volume 1 - (274/385)Proposed Marlborough Environment Plan Volume 1 - (275/385)Proposed Marlborough Environment Plan Volume 1 - (276/385)Proposed Marlborough Environment Plan Volume 1 - (277/385)Proposed Marlborough Environment Plan Volume 1 - (278/385)Proposed Marlborough Environment Plan Volume 1 - (279/385)Proposed Marlborough Environment Plan Volume 1 - Issue 14C – Responding to pressure to use, develop and subdivide land within rural environments for residential uses. (280/385)Proposed Marlborough Environment Plan Volume 1 - Objective 14.5 – Residential activity takes place within appropriate locations and limits within rural environments. (281/385)Proposed Marlborough Environment Plan Volume 1 - (282/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (283/385)Proposed Marlborough Environment Plan Volume 1 - (284/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (285/385)Proposed Marlborough Environment Plan Volume 1 - (286/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 15 - Resource Quality (Water, Air, Soil) - 15. Resource Quality (Water, Air, Soil) - Introduction (287/385)Proposed Marlborough Environment Plan Volume 1 - Water - Issue 15A – The discharge of contaminants to water can adversely affect the life supporting capacity and the community’s use of Marlborough’s coastal waters, rivers, lakes, wetlands and aquifers. (288/385)Proposed Marlborough Environment Plan Volume 1 - (289/385)Proposed Marlborough Environment Plan Volume 1 - (290/385)Proposed Marlborough Environment Plan Volume 1 - Issue 15B – Water quality in some of Marlborough’s rivers has already been degraded, to the extent that their ability to support aquatic ecosystems and/or contact recreation has been compromised. (291/385)Proposed Marlborough Environment Plan Volume 1 - (292/385)Proposed Marlborough Environment Plan Volume 1 - Issue 15C – The mauri of wai (water) has been degraded due to the lack of understanding about its spiritual significance. - Objective 15.1a – Maintain and where necessary enhance water quality in Marlborough’s rivers, lakes, wetlands, aquifers and coastal waters, so that: (293/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.1b – Maintain or enhance freshwater water quality in each Freshwater Management Unit so that the annual median nitrate concentration is <1 milligram nitrate-nitrogen per litre and the annual 95th percentile concentration is <1.5 milligrams nitrate-nitrogen per litre, as measured by the Council’s State of the Environment monitoring programme. - Objective 15.1c – Maintain freshwater water quality in each Freshwater Management Unit so that the annual median ammonia concentration is <0.03 milligrams ammoniacal nitrogen per litre and the annual maximum concentration is <0.05 milligrams ammoniacal nitrogen per litre, as measured by the Council’s State of the Environment monitoring programme. - Objective 15.1d – Maintain or enhance freshwater water quality in each Freshwater Management Unit so that the annual median E. coli level is <260 per 100 ml, as measured by the Council’s State of the Environment monitoring programme. (294/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.1e – Maintain or enhance freshwater water quality in waterbodies valued for primary contact recreation so that the 95th percentile E. coli level is <540 per 100 ml, as measured by the Council’s State of the Environment monitoring programme. - All of the following policies collectively seek to achieve Objectives 15.1a to 15.1e. - Management purpose (295/385)Proposed Marlborough Environment Plan Volume 1 - (296/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Enhancing water quality - Methods of implementation (297/385)Proposed Marlborough Environment Plan Volume 1 - (298/385)Proposed Marlborough Environment Plan Volume 1 - Management of point source discharges to water - Methods of implementation (299/385)Proposed Marlborough Environment Plan Volume 1 - (300/385)Proposed Marlborough Environment Plan Volume 1 - (301/385)Proposed Marlborough Environment Plan Volume 1 - (302/385)Proposed Marlborough Environment Plan Volume 1 - (303/385)Proposed Marlborough Environment Plan Volume 1 - (304/385)Proposed Marlborough Environment Plan Volume 1 - (305/385)Proposed Marlborough Environment Plan Volume 1 - (306/385)Proposed Marlborough Environment Plan Volume 1 - (307/385)Proposed Marlborough Environment Plan Volume 1 - (308/385)Proposed Marlborough Environment Plan Volume 1 - Management of non-point source discharges (309/385)Proposed Marlborough Environment Plan Volume 1 - (310/385)Proposed Marlborough Environment Plan Volume 1 - (311/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (312/385)Proposed Marlborough Environment Plan Volume 1 - (313/385)Proposed Marlborough Environment Plan Volume 1 - (314/385)Proposed Marlborough Environment Plan Volume 1 - Air - Issue 15D – The discharge of particulate matter into air has the potential to cause significant health effects in urban areas, particularly in Blenheim. (315/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.2 – Improve the ambient air quality of Blenheim by reducing PM10 concentrations. (316/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (317/385)Proposed Marlborough Environment Plan Volume 1 - Issue 15E – The discharge of contaminants into air that reduce the amenity of the surrounding area or create an undue risk to human health. (318/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.3 – Reduce the potential for nuisance and health effects from the discharge of contaminants into air. (319/385)Proposed Marlborough Environment Plan Volume 1 - (320/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (321/385)Proposed Marlborough Environment Plan Volume 1 - Soil (322/385)Proposed Marlborough Environment Plan Volume 1 - Issue 15F – Some land use activities or practices have the potential to adversely affect soil quality. (323/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.4 – Maintain and enhance the quality of Marlborough’s soil resource. (324/385)Proposed Marlborough Environment Plan Volume 1 - (325/385)Proposed Marlborough Environment Plan Volume 1 - (326/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (327/385)Proposed Marlborough Environment Plan Volume 1 - Issue 15G – The use, storage, transportation and disposal of hazardous substances creates the potential for the contamination of soil if the hazardous substances are released into the environment. (328/385)Proposed Marlborough Environment Plan Volume 1 - Objective 15.5 – Existing and foreseeable uses of the soil resource are not reduced as a result of soil contamination. (329/385)Proposed Marlborough Environment Plan Volume 1 - (330/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (331/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (332/385)Proposed Marlborough Environment Plan Volume 1 - (333/385)Proposed Marlborough Environment Plan Volume 1 - (334/385)Proposed Marlborough Environment Plan Volume 1 - (335/385)Proposed Marlborough Environment Plan Volume 1 - (336/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 16 - Waste - 16. Waste - Introduction - Issue 16A – Large quantities of solid waste are generated in Marlborough. (337/385)Proposed Marlborough Environment Plan Volume 1 - Objective 16.1 – Reduce the amount of solid waste generated in Marlborough. (338/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (339/385)Proposed Marlborough Environment Plan Volume 1 - (340/385)Proposed Marlborough Environment Plan Volume 1 - Objective 16.2 – Avoid, remedy or mitigate actual or potential adverse effects arising from solid waste management activities. (341/385)Proposed Marlborough Environment Plan Volume 1 - (342/385)Proposed Marlborough Environment Plan Volume 1 - (343/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (344/385)Proposed Marlborough Environment Plan Volume 1 - Issue 16B – The discharge of liquid wastes onto or into land has the potential to adversely affect the surrounding environment. (345/385)Proposed Marlborough Environment Plan Volume 1 - Objective 16.3 – The discharge of liquid wastes onto or into land is managed in a way that avoids adverse effects on water and soil quality, land and water ecosystems, slope stability and cultural and amenity values. (346/385)Proposed Marlborough Environment Plan Volume 1 - (347/385)Proposed Marlborough Environment Plan Volume 1 - (348/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (349/385)Proposed Marlborough Environment Plan Volume 1 - (350/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (351/385)Proposed Marlborough Environment Plan Volume 1 - (352/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 17 - Transportation - 17. Transportation - Introduction - Air Transportation - Issue 17A – There are significant positive effects arising from the operation of Marlborough’s airports/airfield. It is important that these resources are recognised and provided for so that they can continue to serve the wider community now and in the future. (353/385)Proposed Marlborough Environment Plan Volume 1 - Objective 17.1 – The use of Marlborough’s airports/airfield continues to contribute to the social and economic wellbeing of Marlborough. (354/385)Proposed Marlborough Environment Plan Volume 1 - Issue 17B – Operation of airports and associated aircraft activities can be affected by various land use activities and generate effects that impact upon surrounding environments. (355/385)Proposed Marlborough Environment Plan Volume 1 - Objective 17.2 – A balance is achieved between the operational needs of Marlborough’s airports and the amenities and wellbeing of the community. (356/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (357/385)Proposed Marlborough Environment Plan Volume 1 - Land Transportation - Issue 17C – The land transport network is an important regional resource, providing for the movement of people, goods, services and resources. It is important to ensure an efficient infrastructure is maintained to enable people and communities to provide for their economic and social wellbeing. (358/385)Proposed Marlborough Environment Plan Volume 1 - Objective 17.3 – An efficient land transport network that recognises and provides for different users. (359/385)Proposed Marlborough Environment Plan Volume 1 - Issue 17D – Land use, water and subdivision activities can have adverse effects on the sustainable use of the land transport network. (360/385)Proposed Marlborough Environment Plan Volume 1 - Objective 17.4 – Conflict in providing for subdivision, use or development activities and with use of the land transport network is minimised. (361/385)Proposed Marlborough Environment Plan Volume 1 - (362/385)Proposed Marlborough Environment Plan Volume 1 - Objective 17.5 – The safety and accessibility of roads for pedestrians, cyclists and vehicle movement in general is maintained and/or improved. (363/385)Proposed Marlborough Environment Plan Volume 1 - (364/385)Proposed Marlborough Environment Plan Volume 1 - Issue 17E – The land transport network can have adverse effects on Marlborough’s natural and physical resources and the wellbeing of the community. - Objective 17.6 – Development, maintenance and use of the land transport network in a way that Marlborough’s natural and physical resources and the health, safety, and wellbeing of the community are maintained. (365/385)Proposed Marlborough Environment Plan Volume 1 - (366/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (367/385)Proposed Marlborough Environment Plan Volume 1 - (368/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (369/385)Proposed Marlborough Environment Plan Volume 1 - (370/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 18 - Energy - 18. Energy - Introduction (371/385)Proposed Marlborough Environment Plan Volume 1 - Issue 18A – Marlborough requires a secure and efficient supply of energy. - Objective 18.1 – Optimise the use of Marlborough’s energy resources. (372/385)Proposed Marlborough Environment Plan Volume 1 - (373/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (374/385)Proposed Marlborough Environment Plan Volume 1 - Objective 18.2 – Increased efficiency in the use of energy. (375/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (376/385)Proposed Marlborough Environment Plan Volume 1 - Anticipated environmental results and monitoring effectiveness (377/385)Proposed Marlborough Environment Plan Volume 1 - (378/385)Proposed Marlborough Environment Plan Volume 1 - Policy - Chapter 19 - Climate Change - 19. Climate Change - Introduction - Issue 19A – Climate change has the potential to affect Marlborough’s natural and physical resources and the ability of people and communities to use these resources. (379/385)Proposed Marlborough Environment Plan Volume 1 - Objective 19.1 – Mitigation of and adaptation to the adverse effects on the environment arising from climate change. (380/385)Proposed Marlborough Environment Plan Volume 1 - (381/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation (382/385)Proposed Marlborough Environment Plan Volume 1 - Issue 19B – Climate change could affect natural hazards and create a coastal inundation hazard associated with sea level rise. - Objective 19.2 – Avoid and mitigate the adverse effects of natural hazards influenced by climate change. (383/385)Proposed Marlborough Environment Plan Volume 1 - (384/385)Proposed Marlborough Environment Plan Volume 1 - Methods of implementation - Anticipated environmental results and monitoring effectiveness (385/385) Volume One 15. Resource Quality (Water, Air, Soil) Anticipated environmental result Monitoring effectiveness 15.AER.6 A reduction in the nuisance and health A reduction in the number of complaints regarding effects resulting from the discharge of smoke and spraydrift. contaminants to air. 15.AER.7 An increase in knowledge of the state of Ambient monitoring of air pollutants throughout Marlborough’s air quality. Marlborough, including: • background concentrations of PM in Picton are 10 established; • records of agrichemical use allow the cumulative effects of agrichemical use to be established through modelling; and • a monitoring programme to determine the extent of agrichemical spraydrift is established. 15.AER.8 The biological, chemical and physical The values of the following soil parameters for soils state Marlborough’s soils enables safe routinely monitored fall within target ranges, as defined and productive use of the soils on an by Landcare Research (Landcare Research, 2003): ongoing basis. total carbon; • • total nitrogen; • minerisable nitrogen; • soil pH; • Olsen phosphorus; • bulk density; • macro porosity; • aggregate stability; and • trace elements. All potentially contaminated sites recorded on the Listed Land Use Register as at 9 June 2016 are screened for risk within 5 years of the MEP becoming operative. All high risk sites on the Listed Land Use Register identified as a result of screening are investigated. A spill response contingency plan is completed within one year of notification of the MEP. 15 – 49