Regional Freshwater Plan - regional rules
The Regional Freshwater Plan has regional rules about activities relating to fresh water, both under and over the ground.
The rules are grouped as follows:
Rules 1-14
The discharge of contaminants, or water, into surface water, [other than the discharge of stormwater], is a permitted activity provided the discharge complies with the conditions specified below.
Conditions
(1) the discharge is not to any wetland, lake or river being managed in its natural state [see Appendix 2, part A, on the sidebar at the top right of this screen]; and
(2) the discharge shall not contain any contaminants other than [contaminants in concentrations specifiedin] conditions (3) to (7) below; and
(3) concentrations of free or combined residual chlorine in the discharge shall be no more than 0.5 g/m3; and
(4) concentrations of suspended solids in the discharge shall be no more than 50 g/m; and
(5) concentrations of acid-soluble aluminium in the discharge shall be no more than 0.15g/m; and
(6) concentrations of fluoride in the discharge shall be no more than 1.5 g/m3; and
(7) the discharge temperature shall not differ from the ambient temperature of the receiving water by more than 5 Celsius; and
(8) the discharge does not cause erosion at the point of discharge; and
(9) the discharge does not alter the natural course of the river or stream.
In Rule 1, the words in square brackets were inserted by Decisions on Plan Change 1 to the Regional Freshwater Plan 2002
The discharge of stormwater into surface water is a permitted activity provided that the discharge complies with the conditions specified below.
Conditions
(1) The discharge does not contain drainage from a stockyard; and
(2) The discharge does not contain drainage from an area where hazardous substances are stored or [used] unless:
(a) hazardous substances cannot enter the stormwater system; or
(b) there is an interceptor system in place to collect hazardous contaminants or divert contaminated stormwater to a trade waste system; and
(3) The person responsible for the discharge shall ensure that, after reasonable mixing, the stormwater discharge will not give rise to any of the following effects:
(a) the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or
(b) any conspicuous change in the colour or visual clarity; or
(c) any emission of objectionable odour; or
(d) the rendering of fresh water unsuitable for consumption by farm animals; or
(e) any significant adverse effects on aquatic life; and
(3a) The discharge does not originate from an area of bulk earthworks greater than 0.3 ha; and
(3b)Concentrations of acid-soluble aluminium in the discharge shall be no more than 0.15g/m; ] and
(4) The discharge does not cause erosion at the point of discharge; and
(5) The discharge does not alter the natural course of the river or stream.
Note: Discharges that do not comply with this rule are discretionary activities in accordance with Rule 5, unless they are provided for by Rule 3.
[Note: Bulk earthworks means the cut to fill, excavation, and blading required to regrade an area. ]
In condition (2) of Rule 2, the words in square brackets were substituted for the original wording by Decisions on Plan Change 1 to the Regional Freshwater Plan 2002
Conditions (3a) and (3b) of Rule 2 were inserted by Decisions on Plan Change 1 to the Regional Freshwater Plan 2002
The Note with Rule 2 in square brackets was inserted by Decisions on Plan Change 1 to the Regional Freshwater Plan 2002
This rule applies to discharges to surface water. It does not apply to discharges into stormwater pipes. Discharges of stormwater into stormwater pipes are allowed by Rule 1 of the Regional Plan for Discharges to Land. Discharges of contaminants other than stormwater into stormwater pipes require a discharge permit in accordance with Rule 2 of the Regional Plan for Discharges to Land.
The discharge from roads (including State highways) and motorways by a network utility operator or its agent or contractor of water and contaminants to water is a permitted activity provided it complies with the conditions below.
(1) The discharge comprises:
(a) washdown water applied to the road or motorway for the purpose of maintaining or restoring surfaces on roads or motorways to maintain their structural integrity, serviceability, safety and aesthetic standards;
(b) contaminants mobilised by those activities; and
(c) additives to the washdown water.
(2) All practicable steps shall be taken to minimise the quantity of contaminants in the discharge.
(3) The discharge does not cause erosion at or below the point of discharge.
(4) The discharge does not alter the natural course of the river or stream.
(5) The discharge shall comply with condition 3 of Rule 2 (Stormwater Discharges).
Rule 2B was inserted by Plan Change 1 to the Regional Freshwater Plan in March 2007.
The discharge of stormwater into surface water that does not comply with conditions (1) or (2) of Rule 2 is a controlled activity provided that the discharge complies with the standards and terms below.
Standards
(1) The discharger shall ensure that, after reasonable mixing, the stormwater discharged will not give rise to any of the following effects:
(a) the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or
(b) any conspicuous change in the colour or visual clarity; or
(c) any emission of objectionable odour; or
(d) the rendering of fresh water unsuitable for consumption by farm animals; or
(e) any significant adverse effects on aquatic life.
(2) The discharge does not cause erosion at the point of discharge.
(3) The discharge does not alter the natural course of the river or stream.
Terms
(1) 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; and
(6) the payment of administration charges; and
(7) the measures in place to avoid or mitigate the effects of the discharge.
The discharge of cooling water into groundwater is a controlled activity, provided that it complies with the standards and terms below.
Standards
(1) No contaminants, other than heat, have been added to the water between the time the water is abstracted and the time that it is discharged.
(2) The cooling water was taken from groundwater and shall be discharged into the aquifer from which it was abstracted.
Terms
(1) 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; and
(6) the payment of administration charges; and
(7) the pH, temperature, rate, and volume of the discharge.
The discharge of any contaminant or water into fresh water:
- that is not provided for in Rules 1, 2, 3, and 4; and
- which cannot meet the requirements of Rules 1, 2, 3, and 4; and
- which is not a non-complying activity in Rule 6;
is a discretionary activity.
Note: The spray application of agrichemicals over water bodies or over river and lake beds is addressed in the Regional Air Quality Management Plan.
The discharge of water or contaminants to those water bodies listed in Appendix 2, Part A (PDF 32 KB) , is a non-complying activity.
The taking or use of less than 20,000 litres per day of fresh water (including fresh water from any aquifer), other than the taking of water from the Lower Hutt Groundwater Zone, is a permitted activity, provided that it complies with the conditions specified below.
Conditions
(1) The water shall be taken at a rate of no more than 2.5 litres per second.
(2) In the case of groundwater, there are no adverse effects on the take from adjacent bores.
(3) There shall be no more than one abstraction point serving the land described in a particular certificate of title.
(4) Fish, including small fish, are prevented from entering the reticulation system.
Note: For this permitted activity, a consent for any new intake structure or bore may be required (see Rule 15 and the rules in section 7, Uses of the Beds of Rivers and Lakes, and Development on the Floodplain).
In the note with Rule 8, words were deleted by Decisions on Plan change 1 to the Regional Freshwater Plan 2002
The damming and diversion of water by a structure that was existing and lawful on 25 January 1997 (the date the Proposed Plan was publicly notified) [excluding the Lake Wairarapa Barrage Gates,] is a permitted activity.
In Rule 8, the words in square brackets were inserted by decisions on Plan Change 1 to the Regional Freshwater Plan December 2002
The diversion of less that 1.5 m/sec of fresh water from any intermittently flowing river or stream including any associated:
- disturbance of the river bed; or
- deposition on the stream bed; or
- erection or placement of a structure, which;
(1) has a catchment area above the diversion of not more than:
- 200 ha in any catchment in the Region on the eastern side of the Ruamahanga River; or
- 50 ha in any catchment in the Region on the western side of the Ruamahanga River; and
(2) is located more than 50 metres from a property boundary; and
(3) does not reduce the ability of the stream to convey flood flows or debris carried by floods
is a permitted activity, provided that it complies with the conditions specified below.
Conditions
(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 construction of the diversion and no refuelling of equipment shall take place on any area of stream bed.
(2) All material used to construct the diversion but which is not part of any diversion structure shall be removed from the river or stream bed and disposed of in an appropriate manner.
(3) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(4) The diversion shall be maintained so that there is no accumulation of debris.
[The diversion of water from an artificial watercourse or drain, including any associated disturbance of the drain bed or deposition on the drain bed during construction of the diversion; is a permitted activity, provided that it complies with the conditions specified below:
Conditions
(1) All material used to construct the diversion but which is not part of any diversion structure shall be removed from the artificial watercourse or drain and disposed of in an appropriate manner.
(2) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(3)There shall be no adverse effects on the availability of water supply for upstream or downstream water users other than for a temporary period during construction of no more than 24 hours.
(4) There shall be no flooding of land, including neighbouring land, on properties upstream or downstream of the diversion.
(5)The ability of the artificial watercourse or drain to convey flood flows shall not be reduced.
(6)There shall be no lowering of water levels in any river, lake, or wetland.
(7) Fish passage shall not be impeded other than for a temporary period during construction of no more than 24 hours.
Note: For the purpose of this rule, “drain” means a highly modified watercourse or river that is channelled to such an extent that it has the characteristics of a farm drainage canal (see section 3 of the Plan).
Note: For the purpose of this rule, artificial watercourse includes an irrigation canal, water race, and farm drainage canal. (see section 3 of the Plan).]
Rule 9A and the notes with Rule 9A were inserted by decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The diversion of groundwater is a permitted activity, provided that it complies with the conditions specified below.
Conditions
(1) There shall be no adverse effects on water supply other than for a temporary period during construction of no more than 24 hours.
(2) There shall be no flooding of land on any neighbouring property.
(3) There shall be no lowering of water levels in any river, lake, or wetland.
(4) There shall be no lowering of groundwater levels on any neighbouring property.
Rule 9B was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rule 10 was deleted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rule 11 was deleted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rule 12 was deleted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rule 13 was deleted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rule 14 was deleted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rules 15-25
[The construction of any bore is a discretionary activity.]
In Rule 15, the words in square brackets were substituted for the original wording by decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The taking, use, damming, or diversion of any fresh water, or the transfer to another site of any water permit to take or use water:
- that is not specifically provided for in any other rules in this Plan; and
- which cannot meet the requirements of those rules; and
- that, for takes of water from the Lower Hutt Groundwater Zone (Taita Alluvium/Waiwhetu aquifers), would not cause the maximum rate of takes authorised by resource consents to exceed 32.85 million cubic metres per year; and
- which is not a non-complying activity in Rules 17, 18 or 19
is a discretionary activity.
The damming of those rivers that are specified in Policy 4.2.10 is a non-complying activity.
The diversion of water from those wetlands that are specified in Policy 4.2.10 is a non-complying activity.
4.2.10
To avoid adverse effects on wetlands, and lakes and rivers and their margins, identified in Appendix 2 (Parts A and B), when considering the protection of their natural character from the adverse effects of subdivision, use, and development.
The taking of fresh water from the Lower Hutt Groundwater Zone (Taita Alluvium/Waiwhetu aquifers) that would cause the maximum rate of takes authorised by resource consents to exceed 32.85 million cubic metres per year is a non-complying activity.
The abstraction of groundwater from the Lower Hutt Groundwater Zone (Taita Alluvium/Waiwhetu aquifers) shall cease when the 24 hour mean groundwater level of the aquifer at McEwan Park falls below 1.4 metres above mean sea level.
The abstraction of groundwater from the Moroa shallow aquifer shall cease when the groundwater level in recorder well 5G/48 falls to 1.6 metres.
The maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure or any part of an existing lawful structure (excluding extensions of linear rock protection (Rule 23) and excluding the erection, use, maintenance, alteration, replacement, or addition of over-head cables (Rule 32)) that is fixed in, on, under, or over the bed of any river or lake, including any associated:
- disturbance of river or lake bed; or
- deposition on the river or lake bed; or
- temporary diversion of water; which
(1) is contained within the form of the existing structure; or
(2) adds no more than whichever is the lesser of;
- 5% to the plan or cross-sectional area of the structure; or
- 1 metre in horizontal projection and 1 metre in vertical projection;
measured from the structure as it was on 25 January 1997 (the date the Proposed Plan was publicly notified); and
(3) disturbs sand, shingle, gravel, or other natural river or lake bed material over an area less than 2 square metres per lineal metre of structure measured along the length or breadth of the structure
is a permitted activity provided it complies with the conditions specified below.
Conditions
(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) All material removed or demolished from the structure (or any part of the structure), and any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) Fish passage shall be maintained during any construction activities and all works shall be undertaken in a manner that will provide for fish passage.
(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.
(5) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(6) Car bodies or demolition rubble shall not be used as a structural material.
(7) Water is only diverted for the period that is necessary to carry out the works.
The placement of rock rip-rap along the river bank which extends an existing lawful continuous rock rip-rap structure that is fixed in, on, or under the bed of any river, including any associated:
- disturbance of river or lake bed; or
- deposition on the river or lake bed; or
- diversion associated with the extension; or
temporary diversion of water; which
(1) extends no more than 1 metre from the existing river bank; and
(2) adds no more than whichever is the lesser of;
- 25% of the length of the existing rock rip-rap structure; or
- 30 metres
measured from the structure existing at 25 January 1997 (the date the Proposed Plan was publicly notified); and
(3) disturbs sand, shingle, gravel, or other natural river or lake bed material over an area less than 2 square metres per lineal metre of structure measured along the length of the extension to the structure
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) The rip-rap material shall be placed so that it forms a continuous interlocking pattern.
(2) The extension to the structure shall not cause any bank erosion and change to water levels.
(3) The rip rap is to be constructed of rock that is of sufficient size and grading to be erosion resistant, and that is also weather resistant, non-friable, insoluble, and so placed to ensure durability and stability of the structure.
(4) Fish passage shall be maintained during any construction activities and all works shall be undertaken in a manner that will provide for fish passage.
(5) 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.
(6) 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.
(7) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(8) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
The placement of any cabled willow or willow clump for river bank erosion protection that is fixed in, on, or under the bed of any river including any associated;
- disturbance of any lake or river bed; or
- deposition on the river or lake bed; or
- temporary diversion of water; which
(1) is not in a river, or part of a river, identified by Policy 4.2.10 (Appendix 2 -water bodies with a high degree of natural character (click here for a pdf High Natural Character (2.5mb) )); and
(2) extends into the available river bed width from the bank no more than whichever is the lesser of:
- 10% of the width of the water body; or
- 5 metres; and
(3) does not use crack willow, Salix fragilis, or grey willow, Salix cinerea, except on the margins of rivers where they are already predominant;
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) Fish passage shall be maintained during any construction activities and all works shall be undertaken in a manner that will provide for fish passage.
(2) 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.
(3) The placement of willow clumps or cabled willows shall not cause any bank erosion beyond the site or change to water levels.
(4) 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.
(5) Any excess material from the activity shall be removed from the river or lake bed and disposed of in an appropriate manner.
(6) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
(7) Water is diverted only for the period necessary to carry out the activity.
The placement and use [including any associated;
- disturbance of any river bed; or
- deposition on the river bed; or
- temporary diversion;]
of any river crossing [of a width necessary for the crossing, excluding any river crossing that dams a river,] that is fixed in, on, under, or over the bed of any intermittently flowing river or stream which;
(1) has a catchment area above the crossing of not more than:
- 200 ha in any catchment in the Region on the eastern side of the Ruamahanga River; or
- 50 ha in any catchment in the Region on the western side of the Ruamahanga River; and
(2) does not alter the natural course of the stream, including any diversion of water from the natural course during floods; and
(3) does not reduce the ability of the river to convey flood flows; and
(4) meets any requirements under the Freshwater Fisheries Regulations 1983 and the Building Act 1991;
is a permitted activity provided it complies with the conditions specified below.
Conditions
(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 construction of the river crossing and no refuelling of equipment shall take place on any area of river or lake bed.
(2) All material used during construction, but which is not part of the river crossing shall be removed from the river or stream bed and disposed of in an appropriate manner.
(3) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(4) The river crossing shall be maintained so that there is no accumulation of debris.
In Rule 25, the words in square brackets were substituted for the original wording by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rules 26-40
The placement and use [, including any associated;
- disturbance of any river bed; or
- deposition on the river bed; or
- temporary diversion;
of any dam that is fixed in, on, or under the bed of any intermittently flowing river or stream which;
(1) impounds not more than 10,000 m 3 of water; and
(2) has a catchment area of not more than 20 ha; and
(3) does not alter the natural course of the stream, including any diversion of water from the natural course during floods; and
(4) is located more than 50 metres from a property boundary; and
(5) meets any requirements under the Freshwater Fisheries Regulations 1983 and the Building Act 1991;
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1)The water at the base of the dam wall on the upstream side of the dam shall be no greater than 3 metres deep.
(2) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to water from equipment being used for the construction of the dam, and no refuelling of equipment shall take place on any area of river or lake bed.
(3) All material used during construction of the dam but not part of the dam shall be removed from the river, or lake bed formed by the dam, and disposed of in an appropriate manner.
(4) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(5) A spillway or overflow pipe, which prevents the dam from overtopping, connects or discharges to the downstream watercourse.
In Rule 26, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The placement and use [, including any associated;
- disturbance of any river bed; or
- deposition on the river bed; or
- temporary diversion;]
of any weir that is fixed in, on, or under the bed of any intermittently flowing river or stream which;
(1) is in any catchment on the eastern side of the Ruamahanga River; and
(2) impounds not more than 100 m 3 of water;
(3) has a catchment area of not more than 200 ha; and
(4) does not alter the natural course of the stream, including any diversion of water from the natural course during floods; and
(5) meets any requirements under the Freshwater Fisheries Regulations 1983 and the Building Act 1991
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) The height of the weir from the upstream base to the crest of the weir shall be no more than 0.5 metres.
(2) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to water from equipment being used for the construction of the dam, and no refuelling of equipment shall take place on any area of river or lake bed.
(3) All material used during construction of the weir but not part of the weir shall be removed from the river bed and disposed of in an appropriate manner.
(4) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
In Rule 27, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The placement and use [,including any associated;
- disturbance of any river bed; or
- deposition on the river bed; or
- temporary diversion;]
of any:
(1) pipe for carrying water; or
(2) cable or duct; or
(3) pipe for carrying natural gas less than 2000 kPa in pressure
in, under, or over the bed of any intermittently flowing river or stream,which
(a) has an external diameter of no greater than 400 mm; and
(b) does not alter or interfere with the natural course or flow of the river or stream, including any diversion of water from its natural course during floods;
is a permitted activity provided it complies with the conditions specified below.
Conditions
(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 construction of the river crossing, and no refuelling of equipment shall take place on any area of the river or stream bed.
(2) The pipe shall be laid across the river or stream bed, not along the bed.
(3) All material used during construction, but which is not part of the river crossing shall be removed from the river or stream bed and disposed of in an appropriate manner.
(4) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(5) The pipe shall be maintained so that there is no accumulation of debris in the river or stream.
In Rule 28, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The construction, laying, or erection of any staff gauge, in, on, under, or over any river or lake bed which disturbs an area covering less than 10 square metres of river or lake bed is a permitted activity, provided it complies with the conditions specified below.
Conditions
(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) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) 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.
(4) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
The erection and maintenance, [including any associated;
- disturbance of any river bed; or
- deposition on the river bed; or
- temporary diversion;]
of any fence in, on or over a river or lake bed is a permitted activity provided the activity complies with the conditions specified below.
Conditions
(1) The fence does not reduce the ability of the river or lake to convey flood flows.
(2) The fence does not alter the natural course of the river, including any diversion of water from the natural course during floods.
(3) The fence is maintained free of any flood debris.
(4) No work shall be carried out in or under the area of river or lake bed covered by water.
(5) All material used during construction, but which is not part of the river crossing, shall be removed from the river or stream bed and disposed of in an appropriate manner.
In Rule 30 the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The erection and maintenance of any bridge over a river bed, is a permitted activity provided the activity complies with the conditions specified below.
Conditions
(1) The bridge is no more than 6 metres in total length.
(2) The bridge does not reduce the ability of the river to convey flood flows.
(3) The bridge does not alter the natural course of the river, including any diversion of water from the natural course during floods.
(4) The bridge is maintained free of any flood debris.
(5) No part of the structure occurs in, on, or under the area of river bed covered by water.
(6) All material used during construction, but which is not part of the bridge, is removed from the river bed and disposed of in an appropriate manner.
The erection use, maintenance, alteration, replacement, or addition of any overhead cable over the bed of any river or lake which does not involve the disturbance or damage of any river or lake bed is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) In Lake Wairarapa, the cable shall comply with the minimum vertical clearance shown in Table 7.1 (below).
Table 7.1 Clearance for Overhead Cables Above Lake Wairarapa
|
Voltage of Cable |
Minimum Height Above High Lake Level (metres) |
|
0 to 11,000 |
7.00 |
|
Between 11,000 and 110,000 |
7.75 |
|
Over 110,000 |
9.00 |
(2) In all other rivers and lakes, the cable shall comply with the minimum vertical clearance shown in Table 7.2 (below).
Table 7.2 Clearance for Overhead Cables Above Water Bodies (except Lake Wairarapa)
|
Voltage of Cable |
Minimum Height Above High Lake or River Level (metres) |
|
0 to 650 |
5.00 |
|
650 to 11,000 |
5.5 |
|
Between 11,000 and 110,000 |
6.5 |
|
Over 110,000 |
7.5 |
Note: The Civil Aviation Authority should be advised of any aerial cables that may be a hazard to aircraft.
Note: Activities subject to this rule are not subject to the provisions of Rule 22.
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 river or lake bed; or
- deposition on any river or lake bed; or
- temporary diversion of water, which:
(1) disturbs less than 10 cubic metres of sand, shingle, gravel, or other natural river or lake bed material; and
(2) results in the complete removal of the structure from the river or lake bed or complete removal of that part of the structure in the river or lake bed; and
(3) is not the removal or demolition of a structure for the purposes of the replacement of a structure permitted by Rule 22;
[(4) will not result in the diversion of water from any wetland;]
is a permitted activity provided it complies with the conditions specified below.
Conditions
(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 is 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) All reasonable steps shall be taken to minimise the release of sediment to water during construction.
(5) 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.
(6) Water is only diverted for the period necessary to carry out the work.
In Rule 33, clause (4) was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The use of any structure or any part of a structure fixed in, on, under, or over any river or lake bed, which:
(1) is not specifically provided for in a rule in this Plan; and
(2) was lawfully occurring on 25 January 1997 (the date the Proposed Plan was publicly notified); or
(3) is occurring on a new structure for which a land use consent has been granted;
is a permitted activity.
The entry or passage across the bed of any river or lake that is not covered by any use of the river or lake bed specified in Rules 22 to 48 and does not breach any condition or standard is a permitted activity.
[Note: Entry or passage across the bed of any river or lake is permitted by Rule 35 but the rule does not permit other uses of river or lake beds that are identified in Section 13 of the Act. Other uses of river and lake beds such as disturbance, deposition, and reclamation require resource consents unless they are permitted by a rule in the Plan.]
The Note with Rule 35 was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The disturbance of any river or lake bed associated with clearing flood debris that poses a flood or erosion hazard or for the purposes of protecting structures, is a permitted activity, provided it complies with the conditions specified below.
Conditions
(1) Public access shall not be restricted to an extent or for a period greater than necessary to complete the clearance.
(2) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
(3) 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.
(4) Any debris cleared shall be removed from the river or lake bed and any material excavated from the river and lake bed shall not be mounded up so that it forms a barrier to water movement.
(5) All equipment and materials used for the clearance operation shall be removed from the river or lake bed on completion of the operation.
The disturbance and recontouring of any part of the bed of any river that is not covered by water (i.e., beach recontouring) to remedy or mitigate the adverse effects of flooding or erosion is a permitted activity, provided that the activity complies with the conditions below.
Conditions
(1) The river or lake bed shall not be disturbed to a depth or an extent greater than that required to reduce the flood or erosion hazard to an acceptable level.
(2) The material shall not be mounded up so that it forms a barrier to water movement.
(3) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released onto the bed from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.
(4) There shall be no machinery within the area of river bed covered by water while the operation is in progress.
(5) There shall be no disturbance to nesting Banded Dotterels (Charadrius bicinctus), Black Fronted Dotterels (Charadrius melanops), Black Billed Gulls (Larus bulleri), Pied Stilts (Himantopus leucocephalus),or Variable Oystercatchers (Haematopus unicolor), South Island Pied Oystercatcher (Haematopus ostralegus), Caspian Terns (Sterna caspia), White-Fronted Terns (Sterna striata), and Spur-Winged Plover (Vanellus miles).
The extraction from a river bed, greater than five metres in width, of sand, shingle, gravel, or rock of less than:
- 15 cubic metres per year for an individual's reasonable domestic needs; or
- 50 cubic metres per year for the reasonable on property needs of a landowner on whose property the river bed lies
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) The sand, shingle, gravel, or rock shall be extracted from an area of the river bed not covered by water at the time of extraction.
(2) No vegetation is disturbed or damaged.
(3) The area from which the material is extracted shall not be excavated to a depth of greater than half a metre.
(4) The area from which the material is extracted shall be smoothed over after use so that there are no mounds, depressions, steep cut banks, or edges left on the river or lake bed.
(5) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released onto the bed from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.
(6) There shall be no machinery within the area of river bed covered by water while the activity is in progress.
The removal of vegetation and any associated sediment from any drain [, including any associated disturbance of the drain bed,] for the purpose of maintaining the original grade or cross section of the channel is a permitted activity provided it complies with the conditions specified below.
Conditions
(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.
(2) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
Note: For the purpose of this rule, "drain" means a highly modified watercourse or river that is channelled to such an extent that it has the characteristics of a farm drainage canal (see section 3 of the Plan).
Note: The spray application of agrichemicals over water bodies or over river and lake beds is addressed in the Regional Air Quality Management Plan.
In Rule 39, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The trimming and removal of vegetation
[, including any associated;
- disturbance of any lake or river bed; or
- deposition on the river or lake bed; or
- temporary diversion;]
from the bed of any river or lake:
- to avoid or mitigate the adverse effects of flooding or erosion, or
- for the purpose of protecting structures;
which is not in a river or lake bed identified in Policy 4.2.10 (Appendix 2 - water bodies with a high degree of natural character (click here for a pdf High Natural Character (2.5mb) )) is a permitted activity provided it complies with the conditions listed below.
Conditions
(1) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to the river bed from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.
(2) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
(3) 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.
(4) There shall be no disturbance to nesting Banded Dotterels (Charadrius bicinctus), Black Fronted Dotterels (Charadrius melanops), Black Billed Gulls (Larus bulleri), Pied Stilts (Himantopus leucocephalus), or Variable Oystercatchers (Haematopus unicolor) South Island Pied Oystercatcher (Haematopus ostralegus), Caspian Terns (Sterna caspia), White-Fronted Terns (Sterna striata), and Spur-Winged Plover (Vanellus miles).
(5) Public access shall not be restricted more than is necessary to complete the removal of vegetation.
(6) No machinery shall be left overnight in an area of river or lake bed covered by water.
(7) All equipment and materials used for the removal of vegetation shall be removed from the river or lake bed on completion of the operation.
Note: The spray application of agrichemicals over water bodies or over river and lake beds is addressed in the Regional Air Quality Management Plan.
In Rule 40, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
Rules 41-52
The deliberate introduction or planting of any plant except:
- crack willow (Salix fragilis); and grey willow (Salix cinera); other than on the margins of rivers where they are already predominant; or
- any introduced, submersed aquatic plant; or
- any species listed in the Regional Pest Plant Management Strategy;
[including any associated;
- disturbance of any lake or river bed; or
- deposition on the river or lake bed; or
- temporary diversion;]
in the bed of any river or lake to remedy or mitigate the adverse effects of flooding, erosion, or on-point source discharges of contaminants, or to restore habitat, is a permitted activity, provided it complies with the conditions below.
Conditions
(1) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to the river bed from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.
(2) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
(3) 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.
(4) There shall be no disturbance to nesting Banded Dotterels (Charadrius bicinctus), Black Fronted Dotterels (Charadrius melanops), Black Billed Gulls (Larus bulleri), Pied Stilts (Himantopus leucocephalus), or Variable Oystercatchers (Haematopus unicolor) South Island Pied Oystercatcher (Haematopus ostralegus), Caspian Terns (Sterna caspia), White-Fronted Terns (Sterna striata), and Spur-Winged Plover (Vanellus miles).
(5) Public access shall not be restricted more than is necessary to complete the planting.
(6) No machinery shall be left overnight in an area of river or lake bed covered by water.
(7) All equipment and materials used for the removal of vegetation shall be removed from the river or lake bed on completion of the operation.
In Rule 40, the words in square brackets were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The repair of any bank protection works and the recontouring of the bed of any river or stream including any associated disturbance of the bed or any deposition on the bed by a local authority or network utility operator, which:
(1) is necessary to protect existing permanent dwellings, existing network utility structures, or existing flood mitigation structures from an imminent threat of erosion; and
(2) is undertaken and completed within 10 working days of a natural hazard event which results in erosion causing an imminent threat to any existing permanent dwelling, existing network utility structure, or existing flood mitigation structure;
is a permitted activity provided it complies with the conditions specified below.
Conditions
(1) The river or lake bed is not disturbed any more than is necessary to carry out the works.
(2) The works are restricted to the minimum area necessary to protect the structure.
(3) Public access is not restricted to an extent, or for a period, greater than that necessary to complete the works.
(4) 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.
(5) All reasonable steps shall be taken to minimise the release of sediment to water during the activity.
(6) Any repairs to bank protection works use similar material to the work being protected, excluding vehicle bodies or demolition material.
(7) Either the Manager, Consents Management, Wellington, or the Manager, Planning and Resources, Wairarapa, is notified prior to the work being undertaken.
Note: An imminent threat is judged to exist when existing permanent dwellings, existing network utility structures, or existing flood mitigation measures are likely to be adversely affected within a period of 10 working days.
The maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure or any part of an existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, including any associated:
- disturbance of river or lake bed; or
- deposition on the river or lake bed; or
- temporary diversion of water:
(1) which is not allowed as a permitted activity by Rule 22; and
(2) which adds no more than whichever is the lesser of:
- 5% to the plan or cross-sectional area of the structure; or
- two metres in horizontal projection and one metre in vertical projection measured from the structure as it was on 25 January 1997 (the date the Proposed Plan was publicly notified); and
(3) disturbs sand, shingle, gravel, or other natural river or lake bed material over an area less than four square metres per lineal metre of structure measured along the length or breadth of the structure, with a maximum disturbance of 200 square metres for any structure
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, or from any part of the structure which may have been used for the storage or conveyance of hazardous substances, and no refuelling of equipment shall take place on any area of river or lake bed.
(2) All material removed or demolished from the structure (or any part of the structure), and any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) 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.
(4) Car bodies or demolition rubble shall not be used as a structural material.
(5) Water is only diverted for the period that is necessary to carry out the works.
(6) All reasonable steps shall be taken to minimise the release of sediment to water.
Terms
(1) The consent holder shall notify the 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 to avoid, remedy or mitigate adverse effects on habitats and species; and
(8) any measures to avoid, remedy, or mitigate adverse effects on flood or erosion hazards; and
(9) the extent and nature of the disturbance to, or deposition on, any river or lake bed.
[(10) the maintenance of structures.]
In Rule 43, clause (10) of the matters over which control shall be exercised was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
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.
The construction, laying, or erection of any cable, in, on, under, or over 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) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) 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) any measures to avoid, remedy, or mitigate any adverse effects on habitats and species.
(9)the minimum depth beneath the bed of the river below which the pipe is buried [; and
(10)the maintenance of structures.]
In Rule 46, clause (10) of the matters over which control shall be exercised was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The placement of any pipeline or duct in or under 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) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) 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) any measures necessary to avoid, remedy, or mitigate any adverse effects on habitats and species.
(9) the minimum depth beneath the bed of the river below which the pipe is buried.
The placement and use of any river crossing [of a width necessary for the crossing, excluding any river crossing that dams a river], which is a culvert, weir, ford, or bridge across any river or stream, which is not a permitted activity, including any associated:
- disturbance of river bed; or
- deposition on the river bed; or
- diversion of water:
(1) which is in, on, or under any river bed except the beds (but excluding their tributaries unless otherwise stated) of:
Abbots Creek;
Atiwhakatu Stream;
Awhea River;
Catchpool Stream;
Cross Creek;
Dry River;
Huangarua River;
Hutt River and the following tributaries: the Pakuratahi, the Mangaroa, the Akatarawa, and the Whakatikei Rivers;
Kaipatangata Stream;
Kaiwhata Stream;
Kiriwhakapapa Stream;
Kopuaranga River;
Makahakaha River;
Mangaone Stream;
Mangatarere Stream;
Mataikona River;
Mikimiki Stream;
Opouawe River;
Otaki River;
Owhanga Stream;
Pahaoa River;
Pigeon Bush Stream;
Porirua Stream;
Ruamahanga River;
Tauherenikau River;
Waikanae River;
Waimanu Stream;
Waimeha Stream;
Waingawa River;
Wainuiomata River;
Waiohine River;
Waipoua River;
Waitohu Stream;
Waiwhetu Stream;
Whangaehu River ;
Whangaehu Valley Road;
Whareama River;
Taueru River;
Tauanui River;
Turanganui River; and
(2) which disturbs less than 20 cubic metres of sand, shingle, gravel, or other natural river or lake bed material; and
(3) which does not include the reclamation, infilling and deposition of fill in the river or stream for landfilling purposes or for disposing of excess construction 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) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.
(3) 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.
(4) Fish passage shall not be impeded once the culvert is operational.
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 any river or lake bed; and
- deposition on any river or lake bed; and
- diversion of water; and
(8) maintenance of the structure; and
(9) the diameter and length of the culvert; and
(10) any measures necessary to avoid, remedy, or mitigate any adverse effects during the construction of the structure; and
(11) any measures required to avoid, remedy, or mitigate any adverse effects on flood or erosion hazard.
In Rule 47, the words in square brackets were substituted for the original wording by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
The placement of any impermeable rock groyne, rock rip rap, or gabion, which is an integral part of any Floodplain Management Plan or River Control Scheme that is fixed in, on, or under, the bed of any river or stream, including any associated:
- disturbance of river bed; or
- deposition on the river bed; or
- diversion of water;
(1) which is not in a water body, identified by policy 4.2.10 (Appendix 2 -Water bodies with a high degree of natural character (click here for a pdf High Natural Character (2.5mb) )); and
(2) which extends into the available river bed width from the bank no more than whichever is the lesser of:
- 10% of the width of the water body; or
- 10 metres;
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) Any excess material from the construction operation shall be removed from the river bed and disposed of in appropriate manner.
(3) 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 to avoid, remedy or mitigate adverse effects on habitats and species; and
(8) any measures to avoid, remedy, or mitigate adverse effects on flood or erosion hazards; and
(9) the extent and nature of the disturbance to, or deposition on, any river or lake bed; and
(10) The extent and nature of any diversion of water [; and
(11) the maintenance of structures.]
In Rule 48, clause (11) of the matters over which control shall be exercised was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002
[The use of land in a floodway, other than a use:
- that is consistent with the purpose of flood protection that the floodway was designed for, or
- that is for the maintenance or repair of an existing structure, which does not extend, or add to, the external dimensions of any structure; or
- that was lawfully established by a resource consent prior to 9 February 2002 (the date Plan change 1 to the Regional Freshwater Plan December 2002 was notified); within:
(1) the Waiohine River floodway and the Lower Ruamahanga River floodway, which;
(a)Erects, places, or extends any structure that obstructs the flow of water, other than a wire fence not exceeding 1.2 metres in height;
(b)Deposits any substance that obstructs the flow of water; or
(c) Plants any trees or shrubs that, in combination with other plantings of trees or shrubs, are likely to obstruct the flow of water when the trees or shrubs grow to maturity;
(2) the Hutt River Floodway, which:
(a) Erects, places, or extends any structure that obstructs the flow of water;
(b)Deposits more than 20 cubic metres of any substance;
is a restricted discretionary activity.
Discretion
The matters over which the Wellington Regional Council shall exercise its discretion are
(1) The effects of the proposed activity on the structural integrity of any defence against water;
(2)The effects on flood flows;
(3)The duration of the consent;
(4)The carrying out of measurements, samples, analysis, survey, and investigations;
(5)The provision of information to the Council at specified times.
Note: The definition of floodway is given in Section 3 of the Plan.]
Rule 48A and the note with the Rule were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002.This rule has been appealed to the Environment Court.
The use, of any river or lake bed;
- which is not specifically provided for in Rules 22 to 48; and
- which cannot meet the requirements of Rules 22 to 48; and
- which is not a non-complying or prohibited activity in Rules 50 and 51
is a discretionary activity.
The reclamation of the bed, or any part of the bed, of any lake or river that is included in Policy 4.2.10, excluding Lake Wairarapa which is subject to Rule 51, is a non-complying activity.
Reclamation of the bed of Lake Wairarapa is a prohibited activity.
[The use of any stopbank, or part of a stopbank, in Appendix 13 (stopbanks taken from Wellington Regional Council River Management Scheme Assett Registers) for the passage of any motorised vehicle or machinery of greater than 9 tonnes along a stopbank is a discretionary activity, other than one or both of the following:
(1) The stopbank, or part of the stopbank, is a road that is part of a public roading network maintained and operated by a local authority or a network utility operator; or
(2) The use is by a local authority or network utility operator for the purpose of maintaining, repairing, extending or adding to the stopbank, or for any other flood management purpose, or for the purpose of maintaining or repairing network utility infrastructure.
Note : Rule 52 refers to vehicles or machinery that pass along a stopbank, not across it. If crossing a stopbank involves travelling along it for any distance, then Rule 52 applies. Rule 52 does not apply when crossing a stopbank without going along it]
Rule 52 and the note with the Rule were inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002.This rule is subject a reference to the Environment Court.
Get in touch
- Phone:
- 0800 496 734
- Email:
- info@gw.govt.nz