Volume One 4. Use of Natural and Physical Resources [RPS] Policy 4.1.1 – Recognise the rights of resource users by only intervening in the use of land to protect the environment and wider public interests in the environment. With land ownership comes an expectation of the ability to reasonably develop and use the land. In a property owning democracy such as New Zealand, it is fundamental that the reasonable rights and expectations of private property owners are respected. This is reflected in Section 9 of the RMA, which enables people to use or develop land. Notwithstanding these property rights, the Council can constrain such land use through rules in a regional or district plan. The Council can intervene in the exercise of private property rights to protect the environment and wider public interests in the environment. Even in these situations, the Council will seek to minimise the extent of regulation placed upon resource users. Generally speaking, resource users have a vested interest in sustaining the natural resources from which they extract an income. The Council can influence and guide the way in which resource use is undertaken by establishing clear and concise standards. It is important to acknowledge that existing uses of land can continue under Section 10 of the RMA irrespective of the introduction of district rules to constrain the use. For this to apply, the use must be lawfully established and its effects must be the same or similar to those that existed prior to the introduction of the rule. At times it may be necessary for wider public interest considerations to prevail over individual expectations and land use may need to be controlled. In these circumstances, compensation to the land user is not payable under Section 85 of the RMA. The same section also provides the land user with the ability to challenge any provision of a plan on the grounds that the provision would render their land incapable of reasonable use. Section 86 of the RMA empowers the Council to acquire land with the agreement of the landowner and pay compensation for it. [RPS] Policy 4.1.2 – Enable sustainable use of natural resources in the Marlborough environment. Many uses of coastal space, river beds, air and water resources are prohibited unless allowed by a rule in a regional plan or by resource consent (see Sections 12 to 15 of the RMA). As a principle, the Council will continue to enable access to natural resources where the subsequent use of those resources has no more than minor adverse effect on the immediate or surrounding environment. This will be achieved through the use of permitted activity rules, including conditions where appropriate, avoiding the need for resource consent. Where the adverse effects are considered more than minor or where there is potential for cumulative effects, then resource consents will be required. Policies throughout the MEP help define sustainable resource use. The use of allocation frameworks for coastal space and freshwater will also assist to enable the sustainable use and development of these natural resources. These frameworks will provide certainty about the quantities and/or locations of resources available and the circumstances in which they may be used and developed. [RPS] Policy 4.1.3 – Maintain and enhance the quality of natural resources. The productive use of natural resources can rely on the quality of those resources. A comprehensive suite of policies is included in the MEP to assist in sustaining soil, air, water and coastal resources. This will assist the primary sector to continue contributing significantly to the Marlborough economy and the wellbeing of our communities. With a favourable climate and a diverse and attractive environment, Marlborough is a desirable place in which to work, live and holiday. Maintaining and enhancing the quality of our natural resources will ensure that Blenheim and other townships and small settlements continue to attract new residents which, in turn, enables growth and development. It will also ensure that the natural 4 – 3