Regional Soil Plan - Regional Rules

Any roading or tracking activity that is:

(1) located in Area 1 and, during any 12 month period, will result in a road or track having a continuous length of new upslope batter extending for greater than 200 metres, with a height of greater than 1.5 metres measured vertically; or

(2) located in Area 2 and, during any 12 month period, will result in a road or track having a continuous length of new upslope batter extending for greater than 200 metres, with a height of greater than 2 metres measured vertically;

excluding anyroading or tracking activitythat is undertaken in accordance with conditions on a subdivision consent

is a Restricted Discretionary Activity.

Discretion

The matters over which the Wellington Regional Council has restricted the exercise of its discretion are:

(1) The duration of the consent;

(2) The carrying out of measurements, samples, analyses, surveys, investigations, or inspection;

(3) The provision of information to the consent authority at specified times;

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

(5) The payment of administration charges;

(6) The methods of sediment retention and sediment run-off control to be adopted;

(7) Any measures necessary to rehabilitate the land following the completion of the activity;

(8) The effects of the activity on soil conservation and water quality including any measures necessary to avoid, remedy or mitigate those adverse effects;

(9) Any steps to be taken to ensure the minimisation of vegetation, soil, slash or any other debris entering any water body;

(10) Any steps to be taken to avoid, remedy or mitigate the effects of the activity on slope stability;

(11) The effects of the activity on tangata whenua values.

Notification

Applications for resource consent under Rule 1 will be considered without notification or the need to obtain written approval of affected persons in accordance with section 94 of the Act except where the consent authority considers that there are special circumstances which justify notification or the obtaining of written approval from affected persons.

Explanation

The terms "roading and tracking" "Area 1" and "Area 2" are defined in the Interpretation in section 3 of the Plan. Subdivision consents are issued by city and district councils.

Any soil disturbance on erosion prone land that:

(a) involves the disturbance of greater than or equal to 1000 m of soil, within any 10,000 m area (calculated using a minimum width of 10 m) and within any continuous 12 month period; or

(b) involves root raking over an area greater than 10,000 m in any continuous 12 month period

excluding any soil disturbance

(c) associated with roading and tracking activities, or

(d) undertaken in accordance with conditions on a subdivision consent

is a Restricted Discretionary Activity.

Discretion
The matters over which the Wellington Regional Council has restricted the exercise of discretion are:

(1) The duration of the consent.
(2) The carrying out of measurements, samples, analyses, surveys, investigations, or inspection.
(3) The provision of information to the consent authority at specified times.
(4) Compliance with monitoring, sampling and analysis conditions at the consent holder's expense.
(5) The payment of administration charges.
(6) The methods of sediment retention and sediment runoff control to be adopted.
(7) Any measures necessary to rehabilitate the land following the completion of the activity.
(8) The effects of the activity on soil conservation and water quality including any measures necessary to avoid, remedy or mitigate those adverse effects.
(9) Any steps to be taken to ensure the minimisation of vegetation, soil, slash or any other debris entering any water body.
(10) Any steps to be taken to avoid, remedy or mitigate the effects of the activity on slope stability.
(11) The effects of the activity on tangata whenua values.

Notification
Applications for resource consent under Rule 2 will be considered without notification or the need to obtain written approval of affected persons in accordance with section 94 of the Act except where the consent authority considers that there are special circumstances which justify notification or the obtaining of written approval from affected persons.

Explanation
The terms "soil disturbance" "roading and tracking" and "erosion prone land" are defined in the Interpretation in section 3 of the Plan. Any effects from soil disturbance undertaken in accordance with a subdivision consent will be managed by conditions attached to that consent. Subdivision consents are issued by city and district councils.

Discharges of stormwater from an area of bulk earthworks less than 0.3 hectares are allowed by Rule 2 of the Regional Freshwater Plan. If the area of bulk earthworks is greater than 0.3 hectares, the discharge requires a discharge permit.

Vegetation disturbance excluding vegetation disturbance undertaken in accordance with conditions on a subdivision consent, of a continuous area of more than one hectare on erosion prone land is a Permitted Activity provided the following conditions are met:

Conditions

(1) The Wellington Regional Council's Regional Soil Conservator is notified in writing at least 21 days prior to the vegetation disturbance being undertaken. Notification is to include details of the site location and timing of the vegetation disturbance operation; and

(2) The area of vegetation disturbance will be re-established in woody vegetation within 18 months from the start of the vegetation disturbance operation; and

(3) Where ground-based methods are used, best management practices as described in the New Zealand Forest Code of Practice (LIRO 1990, revised 1993) are adopted; and

(4) No vegetation or slash with a diameter of greater than 100 mm shall be allowed to remain in any watercourse and when removed, shall be placed in a position where that material cannot enter any watercourse.

Note

Subdivision consents are issued by city and district councils.

Any vegetation disturbance activity which is provided for by Rule 3 but does not comply with any of the conditions in Rule 3 is a Restricted Discretionary Activity.

Discretion

The matters over whichthe Wellington Regional Council has restricted the exercise of its discretion are:

(1) The duration of the consent.

(2) The carrying out of measurements, samples, analyses, surveys, investigations, or inspection.

(3) The provision of information to the consent authority at specified times.

(4) Compliance with monitoring, sampling and analysis conditions at the consent holder's expense.

(5) The payment of administration charges.

(6) The methods of sediment retention and sediment run-off control to be adopted.

(7) Any measures necessary to rehabilitate the land following the completion of the activity.

(8) The effects of the activity on soil conservation and water quality including any measures necessary to avoid, remedy or mitigate those adverse effects.

(9) Any steps to be taken to ensure the minimisation of vegetation, soil, slash or any other debris entering any water body.

(10) The deposition of soil on, or immediately adjacent to, the area of land being disturbed.

(11) Any steps to be taken to avoid, remedy or mitigate the effects of the activity on slope stability.

(12) The effects of the activity on tangata whenua values.

Notification

Applications for resource consent under Rule 4 will be considered without notification or the need to obtain written approval of affected persons in accordance with section 94 of the Act, except where the consent authority considers that there are special circumstances which justify notification or the obtaining of written approval from affected persons