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  Council » Policies and Plans » Rules and regulation » Waikato Regional Plan » Waikato Regional Plan (online version) » 4.2 River and Lake Bed Structures » 4.2.13 Moorings*, Navigational Markers, Safety/Interception Booms, Signs, Ski Lane Markers and Canoe Gates

4.2.13 Moorings*, Navigational Markers, Safety/Interception Booms, Signs, Ski Lane Markers and Canoe Gates

4.2.13.1 Permitted Activity Rule - Navigational Markers, Safety/Interception Booms, Signs, Ski Lane Markers and Canoe Gates

  1. Unless controlled by Rule 4.2.5.1 the use, erection, reconstruction, placement, alteration or extension of navigational markers, safety/interception booms, signs, ski lane markers and canoe gates and associated bed disturbance, in, on, under or over the bed of a river or lake, and
  2. Any discharge of sediment associated with construction activities;

are permitted activities subject to the following conditions:

  1. The structure shall not obstruct navigation except where the structure is specifically designed to prevent access to a hydro dam or to prevent damage to a structure by debris.
  2. The structure shall be maintained in a structurally sound condition at all times.
  3. All equipment and surplus construction materials shall be removed from the river or lake bed and the floodplain on the completion of that activity.
  4. No contaminants (including, but not limited to, oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents, but excluding sediment) shall be discharged to water from the activity.
  5. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historical Places Trust except where Historic Places Trust approval has been obtained.
  6. In the event of any waahi tapu that is not subject to condition e) being identified by the Waikato Regional Council to the person undertaking the use, erection, reconstruction, placement, extension or alteration, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without the approval of the Waikato Regional Council.
  7. The construction works shall comply with the suspended solids discharge standards as set out in Section 4.2.21.
  8. Any erosion occurring as a result of the structure shall be remedied as soon as practicable.
  9. This rule shall not apply to activities located in, on, under or over the bed of a river or lake that is a Significant Geothermal Feature.

Advisory Notes:

  • The use, erection, reconstruction, placement, alteration or extension of navigational markers, signs, ski lane and canoe gates in or on the bed of a river or lake that does not comply with Rule 4.2.13.1 is a discretionary activity in accordance with Rule 4.2.4.4.
  • The management of surface water activities (associated with structures such as ski lane markers) is the responsibility of territorial authorities. All people wishing to use or erect any of the above structures should consult with the relevant territorial authorities on rules affecting surface water activities.
  • Navigation safety is a function of regional councils under the Local Government Act. Consideration should therefore be given to the relevant Waikato Regional Council Navigation Safety Bylaw. Lake Taupo is an exception to this as it is managed for navigation safety purposes by the Department of Internal Affairs. Consideration should be given to the Lake Taupo Bylaws.
  • Navigational structures should be constructed to the standards set by the Maritime Safety Authority.
  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition f) is set out in Section 2.3.4.22 of this Plan.
  • Where a structure or activity is to be located in, on, under or over the bed of a water body that is Significant Geothermal Feature, Rules 7.6.6.1 to 7.6.6.3 shall apply. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.

4.2.13.2 Restricted-Discretionary Activity Rule – Swing Moorings

Unless controlled by Rule 4.2.5.1, 4.2.13.3, 4.2.13.4, 4.2.13.5 or 4.2.13.6

  1. The use, erection, reconstruction, placement, alteration or extension of any structure on the bed of a river or lake for the purpose of a mooring; and
  2. Any discharge of sediment associated with construction activities;

are restricted discretionary activities (requiring resource consent) subject to the following standard and terms:

  1. The mooring shall be:
    1. designed, constructed and maintained to a standard to withstand flooding, currents and changes in water level, and
    2. of adequate specifications to safely accommodate the vessel to be moored (size, type, displacement).
  2. There is adequate space available for the swing mooring during all weather and tidal conditions to avoid collisions with neighbouring vessels.
  3. The swing mooring location shall be marked with a floatation device.
  4. The swing mooring shall not be located within any channel.
  5. The Waikato Regional Council resource consent number, owner’s name and phone number shall be attached to the swing mooring buoy and be visible at all times.
  6. No contaminants (including, but not limited to, sewage (treated or untreated), oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents) shall be discharged to water from the vessel while on a mooring.
  7. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district Plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historic Places Trust except where Historic Places trust approval has been obtained.
  8. Any erosion occurring as a result of the structure shall be remedied as soon as practicable.

Waikato Regional Council restricts its discretion over the following matters:

  1. The extent to which the mooring will constitute a hazard to navigation or conflict with other surface water users.
  2. The position of the mooring within a given area.
  3. The extent to which the mooring is designed, constructed and maintained to a standard to withstand environmental processes.
  4. The colour, shape and size of the swing mooring buoy(s), and
  5. The extent to which the proliferation of moorings and any cumulative effects of moorings will occur.

Advisory Notes:

  • The use, erection, reconstruction, placement, alteration or extension of moorings, in or on the bed of a river or lake (excluding Lake Taupo) that does not comply with Rule 4.2.13.2 is a discretionary activity in accordance with Rule 4.2.4.4.
  • The management of surface water activities is the responsibility of territorial authorities. All people wishing to use or erect any of the above structures should consult with the relevant territorial authorities on rules affecting the surface water activities. Navigation safety requirements must also meet the Waikato Regional Council Navigation Safety Bylaw.
  • The discharge of untreated human effluent to water in the Waikato Region is a prohibited activity under Rule 3.5.7.8 of this Plan. Waikato Regional Council may seek to ensure compliance with Rule 3.5.7.8 by requiring owners to disable any subsurface outlet from onboard holding tanks, which would otherwise allow discharge of sewage directly to the water. The Council will firstly liaise with mooring holders within Lake Taupo, to achieve this voluntarily. However, this will, where appropriate, be enforced by the issue of an abatement notice pursuant to section 322(1)(b) of the Resource Management Act 1991 against the owners of any vessel. This is on the grounds that disabling such an outlet is necessary to ensure compliance with a rule in the Regional Plan and to avoid adverse effects on the environment.
  • Information requirements to enable the assessment of any application under this Rule are set out in Section 8.1.3.1. In addition, assessment shall also take into account the matters identified in Policy 2 of Section 4.2.3.
  • Council accepts no liability in the event that vessels tied to moorings for which consent has been granted suffer any loss or damage whether caused by third parties, natural processes (including storms) or any other cause.
  • Boats tied to moorings for extended periods of time, such as house boats, are considered to be structures over the beds of river and lakes and are discretionary activities in accordance with Rule 4.2.4.4.

4.2.13.3 Permitted Activity Rule – Swing Moorings in Lake Taupo within a Zoned Mooring Area

The use, erection, reconstruction, placement, alteration or extension of a swing mooring for the purpose of mooring a vessel, on the bed of Lake Taupo, within a Zoned Mooring Area (as shown in Figures 4-1 to 4-9), and any associated discharge of sediment and bed disturbance;

are permitted activities subject to the following conditions:

  1. The swing mooring shall be:
    1. designed, constructed and maintained to a standard to withstand currents, fluctuating lake levels and storms, and
    2. marked with a floatation device;
  2. The swing mooring shall not be located in any marked channel or fairway;
  3. A permit is obtained under the Lake Taupo Navigation Safety Bylaw from the Harbourmaster (as appointed by the Department of Internal Affairs);
  4. No contaminants (including, but not limited to, sewage (treated or untreated), oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents) shall be discharged to water from the vessel while on a mooring;
  5. In the event of any archaeological site or waahi tapu being identified or disturb while undertaking the use, erection, reconstruction, placement, extension or alteration of the structure, the activity shall cease insofar as it may affect the archeological site or waahi tapu and the Waikato Regional Council shall be notified as soon as practicable. The activity shall not be recommenced without the approval of the Waikato Regional Council.

Advisory Notes:

  • Refer General Advisory Notes for moorings at the end of section 4.2.13.6.
  • The use, erection, reconstruction, placement, alteration or extension of swing mooring within a Zoned Mooring Area in Lake Taupo (as shown in Figures 41 to 49), that does not comply with Rule 4.2.13.3 is a prohibited activity.

4.2.13.4 Permitted Activity Rule – Existing Public Moorings in Lake Taupo

The use, reconstruction and alteration of a swing mooring for the purpose of mooring a vessel, in or on the bed of Lake Taupo, and any associated discharge of sediment and bed disturbance, where such mooring structure is:

  1. for use by the general public for the temporary visitor mooring of vessels, or for provision of emergency mooring for safety in adverse weather conditions or in the event of boat failure; and
  2. existing as at October 4, 2003 as per Schedule 4-1

are permitted activities subject to the following conditions:

  1. The swing mooring shall be:
    1. designed, constructed and maintained to a standard to withstand currents, fluctuating lake levels and storms;
    2. marked with a floatation device; and
    3. marked as a public or emergency mooring;
  2. A permit is obtained under the Lake Taupo Navigation Safety Bylaw from the Harbourmaster (as appointed by the Department of Internal Affairs);
  3. There is adequate space available for the swing mooring at all times to avoid collisions with neighbouring vessels;
  4. No contaminants (including, but not limited to, sewage (treated or untreated), oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents) shall be discharged to water from the vessel while on a mooring;
  5. In the event of any archaeological site or waahi tapu being identified or disturbed while undertaking the use, erection, reconstruction, placement, extension or alteration of the structure, the activity shall cease insofar as it may affect the archeological site or waahi tapu and the Waikato Regional Council shall be notified as soon as practicable. The activity shall not be recommenced without the approval of the Waikato Regional Council.

Advisory Notes:

  • Refer General Advisory Notes for moorings at the end of section 4.2.13.6.
  • The use, erection, placement, alteration or extension of swing moorings, in or on the bed of Lake Taupo that does not comply with Rule 4.2.13.4 is a prohibited activity.

4.2.13.5 Discretionary Activity Rule - Swing Moorings in Lake Taupo

Unless controlled by Rule 4.2.13.3, 4.2.13.4 or 4.2.13.6 the use, erection, reconstruction, placement, alteration or extension of a swing mooring for the purpose of mooring a vessel in Lake Taupo, and any associated discharge of sediment and bed disturbance

are discretionary activities (requiring resource consent) subject to the following standard and terms:

  1. The mooring shall not be located in a bay where there is an existing Zoned Mooring Area (as shown in Figures 4-1 to 4-9).
  2. There shall be no more than three moorings per bay, including public moorings provided for by Rule 4.2.13.4 and moorings with existing rights under section 20A or 418 of the RMA;
  3. A permit is obtained under the Lake Taupo Navigation Safety Bylaw from the Harbourmaster (as appointed by the Department of Internal Affairs);
  4. The swing mooring shall be:
    1. designed, constructed and maintained to a standard to withstand currents, fluctuating lake levels and storms, and
    2. marked with a floatation device;
  5. The swing mooring shall not be located in any marked channel or fairway;
  6. There is adequate space available for the swing mooring at all times to avoid collisions with neighbouring vessels;
  7. No contaminants (including, but not limited to, sewage (treated or untreated), oil, hydraulic fluids, petrol, diesel, other fuels, paint or solvents) shall be discharged to water from the vessel while on a mooring;
  8. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan, in any district plan, in the NZ Archaeological Association's Site Recording Scheme, or by the Historic Places Trust except where Historic Places Trust approval has been obtained;
  9. In the event of any archaeological site or waahi tapu being identified or disturbed while undertaking the use, erection, reconstruction, placement, extension or alteration of the structure, the activity shall cease insofar as it may affect the archaeological site or waahi tapu and the Waikato Regional Council shall be notified as soon as practicable. The activity shall not be recommenced without the approval of the Waikato Regional Council.

Advisory Notes:

  • Refer General Advisory Notes for moorings at the end of section 4.2.13.6.
  • The use, erection, reconstruction, placement, alteration or extension of swing moorings, in or on the bed of Lake Taupo that does not comply with Rule 4.2.13.5 is a prohibited activity.

4.2.13.6 Prohibited Activity Rule – Moorings in Lake Taupo

The use, erection, reconstruction, placement, alteration or extension of a mooring structure for the purpose of mooring a vessel that:

  1. is within a Zoned Mooring Area as identified in Figures 4-1 to 4-9 and does not meet the conditions of Rule 4.2.13.3; or
  2. is an existing public mooring as per Schedule 4-1 that does not meet the conditions of Rule 4.2.13.4; or
  3. does not meet the standards and terms of Rule 4.2.13.5; or
  4. is within a Prohibited Mooring Area as identified in Figures 4-10 to 4-15; is within an area that has been reserved for other users as identified in the Lake Taupo Navigation Safety Bylaw.

is a prohibited activity.

General Advisory Notes for Moorings:

  • All moorings are required to have a permit from the Department of Internal Affairs under the Lake Taupo Navigation Safety Bylaw. At the time of notification, responsibility for the issue of permits under the Lake Taupo Navigation Safety Bylaw rests with the Harbourmaster (as appointed by the Department of Internal Affairs).
  • In addition to any resource consent requirements as specified in this Plan, structures in or on the bed of Lake Taupo, the bed of navigable rivers and streams flowing into that lake and the bed of the Waikato River extending from Lake Taupo to and inclusive of Huka Falls, also requires the approval of Tuwharetoa Maori Trust Board which is the owner of the bed of the Lake bed.
  • The management of surface water activities is the responsibility of the Taupo District Council. All people wishing to use or erect a mooring should also consult with Taupo District Council on rules affecting surface water activities. Approval may also be required from the Department of Internal Affairs in relation to navigation safety.
  • Navigation safety is managed by the Department of Internal Affairs under the Local Government Act. Consideration should therefore be given to the relevant Lake Taupo Navigation Safety Bylaw. The Bylaw covers all the waters of Lake Taupo, the navigable rivers and streams flowing into the Lake, the tailrace from Tokaanu power station, and the waters of the Waikato River, between Lake Taupo and Huka Falls.
  • The discharge of untreated human effluent to water in the Waikato Region is a prohibited activity under Rule 3.5.7.8 of this Plan. Waikato Regional Council may seek to ensure compliance with Rule 3.5.7.8 by requiring owners to disable any subsurface outlet from onboard holding tanks, which would otherwise allow discharge of sewage directly to the water. The Council will firstly liaise with mooring holders within Lake Taupo, to achieve this voluntarily. However, this will, where appropriate, be enforced by the issue of an abatement notice pursuant to section 322(1)(b) of the Resource Management Act 1991 against the owners of any vessel. This is on the grounds that disabling of such an outlet is necessary to ensure compliance with a rule in the Regional Plan and to avoid adverse effects on the environment.
  • Rules 4.2.13.3 to 4.2.13.6 cover swing moorings only. Pole moorings are discretionary activities in accordance with Rule 4.2.4.4.
  • In assessing any application for the purpose of mooring, regard shall be had to Policy 2 and Policy 5 of section 4.2.3, in particular relating to effects on natural character and cumulative effects.
  • Information requirements to enable the assessment of any application are set out in section 8.1.3.1.
  • Council accepts no liability in the event that vessels tied to moorings for which consent has been granted suffer any loss or damage whether caused by third parties, natural processes (including storms) or any other cause.
  • Boats tied to moorings for extended periods of time, such as house boats, are considered to be structures over the beds of river and lakes and are discretionary activities in accordance with Rule 4.2.4.4.

 

Explanation and Principal Reasons for Adopting Methods 4.2.13.1 to 4.2.13.6:
Rule 4.2.13.1: Navigational markers, safety/interception booms, signs, ski lane markers and canoe gates are structures that have minor adverse effects on the beds of rivers and lakes. As long as these activities comply with the conditions specified, there are unlikely to be any significant adverse environmental effects.

Rule 4.2.13.2: The adverse effects of moorings are minimal, but the cumulative spread is of concern because the space available in rivers and some lakes is limited. Making individual moorings a restricted discretionary activity enables Waikato Regional Council to have tighter control over the location of the moorings and stronger enforcement provisions, which will assist in managing the cumulative spread of moorings. It will give mooring holders more legal certainty and includes Navigation Safety matters, therefore managing moorings under one management regime rather than have two management frameworks with which the public need to comply. This Rule recognises that while the structure itself may have minor effects, the location in rivers and lakes may cause significant conflicts between users or result in safety concerns. NB: pole moorings are covered by Rule 4.2.4.4.

Rule 4.2.13.3 is a permitted activity rule for moorings for vessels in Lake Taupo. This Rule recognises that the adverse environmental effects of moorings are minimal when confined within defined mooring areas. Zones are established to recognise that moorings in Lake Taupo have been in place for a number of years and are generally accepted in those areas by the wider community. Therefore Zoned Mooring Areas have been identified in Figures 4-1 to 4-9 of this Plan. Navigation safety issues with moorings are managed by the Department of Internal Affairs through the Lake Taupo Navigation Safety Bylaw. This bylaw requires mooring holders to obtain a permit from the Lake Taupo Harbourmaster.

Permitted Activity Rule 4.2.13.4 allows for existing public moorings that are outside of Zoned Mooring Areas to remain for use by the general public for temporary visitor use and emergency mooring for safety in adverse weather conditions or in the event of boat failure.

Discretionary activity Rule 4.2.13.5 applies for all moorings outside of Zoned Mooring Areas that are not within a prohibited mooring area. This Rule provides flexibility to accommodate a limited number of moorings per bay where there is no existing Zoned Mooring Area (if shown to be consistent with the policies of this Plan). In particular, it provides opportunity for future public moorings to be established. However should there be pressure for more moorings in an area then a plan change process is required to ensure that the Tuwharetoa Maori Trust Board as the owners of the lake bed, Taupo District Council as managers of activities on the lakeshore, and the public are involved in any further expansion of moorings in Lake Taupo.

Rule 4.2.13.6 is a prohibited activity rule which applies to moorings that do not comply with the conditions of Rule 4.2.13.3 or Rule 4.2.13.4, the standards and terms of Rule 4.2.13.5, are within identified Prohibited Mooring Areas or are located within an area that has been reserved for other users as identified in the Lake Taupo Navigation Safety Bylaw. This Rule applies to both swing and pole moorings within the Prohibited Mooring Areas.



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