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Rule 44 Removal or demolition of structures

http://www.gw.govt.nz/rule-44-removal-or-demolition-of-structures

Rule 44 Removal or demolition of structures

Updated 23 November 2012 11:22am

The removal or demolition of any structure or any part of a structure that is fixed in, on, under, or over any river or lake bed, including any associated disturbance of, or deposition on, any river or lake bed, which:

(1) is not a permitted activity; and

(2) disturbs less than 20 cubic metres of sand, shingle, gravel, or other natural river or lake bed material;

is a controlled activity, provided that it complies with the standards and terms specified below.

Standards

(1) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to water from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.

(2) There shall be no use of explosives.

(3) All material removed or demolished from the structure (or any part of the structure) shall be removed from the river or lake bed and disposed of in an appropriate manner.

(4) In any part of the river or lake bed covered by water in any water body identified in Policy 4.2.14 (Appendix 4 - Water bodies with important trout habitat (click here for a pdf Important Trout Habitat (146k))), the activity shall not take place between 31 May and 31 August.

Terms

(1) The consent holder shall notify either the Manager, Consents Management, Wellington, or the Manager, Planning and Resources, Wairarapa, at least two working days before any work commences.

(2) A charge, set in accordance with section 36(2) of the Act, shall be paid to the Wellington Regional Council for carrying out its functions in relation to the administration, monitoring, and supervision of the activity, and for carrying out its functions under section 35 (duty to gather information, monitor and keep records) of the Act.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the taking and supplying of samples; and

(3) the carrying out of measurements, samples, analyses, surveys, investigations, or inspections; and

(4) the provision of information to the consent authority at specified times; and

(5) compliance with monitoring, sampling and analysis conditions at the consent holder's expense; and

(6) the payment of administration charges; and

(7) any measures necessary to avoid, remedy, or mitigate any adverse effects caused by the disturbance to, or deposition on, any river or lake bed; and

(8) the extent and nature of any part of the structure which is to remain in the river or lake bed.