4.2.14 Lines, Cables, Pipelines, Ropeways and Associated Structures
184.108.40.206 Permitted Activity Rule – Lines, Cables, Pipelines, Ropeways and Associated Structures
- Unless controlled by Rule 220.127.116.11 the use, erection, reconstruction, placement, alteration or extension and associated bed disturbance of any:
- Lines, cables, pipelines, ropeways and associated structures over the bed that do not have any part of the structure fixed on the bed of a lake or river,
- Lines, cables or pipelines in, on or under the bed of a lake or river,
- Lines, cables or pipelines attached to or fixed to any legally established bridge or dam in, on or over the bed of a lake or river, and
- Any discharge of sediment associated with construction activities;
are permitted activities subject to the following conditions:
- The location of any pipeline, line or cable on or under the bed of a river or lake shall be identified by markers, both upstream and downstream, on the banks of the river or lake concerned.
- Any fixed lines and overhead cabling other than electricity lines or cables shall be no less than five metres (at all points) above the top of the bank in rivers and lakes exceeding 10 metres in width; and two metres in height above the top of the bank in rivers and lakes not exceeding 10 metres wide, except that, where the cabling is attached to a lawful structure, no part of the cable or lines shall extend below the existing soffit of the structure. Electricity lines and cables over the beds of rivers and lakes shall maintain vertical clearances above ground as specified in Table 1 of New Zealand Electricity Code of Practice 34:1993 for Electrical Safety Distances.
- The construction works shall comply with the suspended solids discharge standards as set out in the Section 4.2.21.
- There shall be no obstruction of debris that causes flooding on neighbouring properties.
- 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.
- The structure shall not obstruct navigation.
- Except for pipes associated with existing hydro dams, any pipes over the bed of a lake or river bed shall be at least one metre above the two percent annual exceedance probabability (1 in 50 year) flood event.
- The structure shall be maintained in a structurally sound condition at all times.
- 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.
- In the event of any waahi tapu that is not subject to condition i) 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.
- Any erosion occurring as a result of the structure shall be remedied as soon as practicable.
- 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.
- The waterway area of the river bed shall not be reduced by more than 10 percent. The waterway area of the floodplain shall not be reduced by more than 10 percent.
- The use, erection, reconstruction, placement, alteration or extension of a line, cable, pipeline and associated structures in or on the bed of a river or lake that does not comply with Rule 18.104.22.168 is a discretionary activity in accordance with Rule 22.214.171.124.
- Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition j) is set out in Section 126.96.36.199 of this Plan.
- Electricity operators responsible for electricity network infrastructure shall maintain vertical clearances above ground as specified in Table 1 of New Zealand Electrical Code of Practice 34:1993 for Electrical Safety Distances. The height of electrical conductors over a navigable waterway shall be determined in consultation with the Maritime Safety Authority of New Zealand. The booklet titled ‘System of Buoyage and Beaconage for New Zealand’ shall be used as a guide. Navigable waterways include all lakes, rivers and streams where applicable.
- 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 188.8.131.52 to 184.108.40.206 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.
Explanation and Principal Reasons for Adopting Method 220.127.116.11
The purpose of Rule 18.104.22.168 is to allow lines, cables, pipelines, ropeways and associated structures over the bed, where no part of the structure is fixed in, on or under the bed, and where there are minor adverse effects. For the avoidance of doubt this includes lines and cables attached to other structures in the beds of lakes and rivers such as dams and bridges. This Rule allows lines, cables or pipelines to occur in, on or under the beds of river and lakes as a permitted activity provided the conditions can be met as these structures are considered to have minor adverse environmental effects.