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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 » 4.2.20 Removal or Demolition of a Structure or Part of a Structure

4.2.20 Removal or Demolition of a Structure or Part of a Structure

4.2.20.1 Part XII RMA Enforcement

Waikato Regional Council will apply for enforcement orders, issue abatement notices and use other enforcement mechanisms in Part XII of the RMA, where the adverse effects noted in Policy 4 in Section 4.2.3 are occurring as the result of a given structure, to:

  1. require the owner to remove it, or
  2. remove it at the owner’s expense, or
  3. where the owner is unidentifiable, arrange for the removal at the expense of Waikato Regional Council and/or the Crown

unless the removal is not practical or it is an historically, culturally or recreationally important structure.

4.2.20.2 Permitted Activity Rule – Removal or Demolition of Structures

Exception

This Rule does not apply to:

Plantation forestry activities as from 1 May 2018 these activities are regulated under the National Environmental Standards for Plantation Forestry Regulations 2017(external link).

 

  1. The removal or demolition of any structure or part of any structure, and associated bed disturbance, in, on, under or over the bed of a river or lake, and
  2. Any discharge of sediment associated with removal or demolition;

are permitted activities subject to the following conditions:

  1. There shall be no use of explosives in the water except by a person who holds a current certificate of competence as a construction blaster, (issued by Occupational Safety and Health, under the Health and Safety Regulations 1995) that would allow demolition of a structure in, on, under or over the bed of a river or lake where the Waikato Regional Council is notified at least 10 days prior to the activity commencing and 24 hours in the case of an emergency.
  2. The structure, or part thereof, being removed or demolished shall be removed from the river or lake bed, and/or any material or temporary structures required to undertake the activity shall be removed.
  3. The activity shall not result in the removal of, or damage to, any lawfully established flood protection or erosion control structures, or linear bank protection structures or plantings undertaken for flood or erosion control.
  4. The activity shall not reduce the ability of the channel to convey flood flows or floating debris.
  5. The removal or demolition works shall comply with the suspended solids discharge standards as set out in Section 4.2.21.
  6. This Rule shall not apply to any structure records on the Historic Places register (in accordance with s22 of the Historic Places Act 1993).
  7. No submerged piles or parts of structures shall be left in the river or lake bed which might catch debris or obstruct navigation.
  8. The Waikato Regional Council shall be notified in writing of the removal or demolition at least 10 working days prior to commencement of the activity.
  9. 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.
  10. 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 removal or demolition, 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.
  11. 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 demolition or removal of any structure, or part of any structure, in, on, under or over the bed of a river or lake that does not comply with any of the conditions in Rule 4.2.20.2 is a controlled activity in accordance with Rule 4.2.20.3.
  • 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 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.

 

4.2.20.3 Controlled Activity Rule – Removal or Demolition of Structures

Exception

This Rule does not apply to:

Plantation forestry activities as from 1 May 2018 these activities are regulated under the National Environmental Standards for Plantation Forestry Regulations 2017(external link).

 

  1. The demolition or removal of any structure or part of any structure, and associated bed disturbance, in, on, under or over the bed of a river or lake, and
  2. Any discharge of sediment associated with removal or demolition;

in a manner which does not comply with Rule 4.2.20.2 are controlled activities (requiring resource consent) subject to the following standards and terms:

  1. This Rule shall not apply to any structure recorded on the Historic Places register (in accordance with s22 of the Historic Places Act 1993).
  2. 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.
  3. 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.

Waikato Regional Council reserves control over the following matters:

  1. Measures to limit the effects of the use of explosives in water bodies.
  2. Measures to control the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna.
  3. Measures to prevent damage to riparian vegetation or soil.
  4. The potential effects on bed and bank stability and water quality.
  5. Measures to control the effect of the activity on upstream or downstream properties.
  6. Measures to control the effect of the activity on any other lawfully established structures.
  7. Effects on any waahi tapu or other taonga from the activity.
  8. Effects on the relationship of tangata whenua and their culture and traditions with the site and any waahi tapu or other taonga affected by the activity.
  9. Effects on the ability of tangata whenua to exercise their kaitiaki role in respect of any waahi tapu or other taonga affected by the activity.
  10. Measures to ensure consistency with criteria as set out in any applicable Water Management Class in this Plan.
  11. Measures to control suspended solid discharges.

Advisory Notes:

  • If any of these standards and terms is not complied with, then the activity is a discretionary activity in accordance with Rule 4.2.4.4.
  • Information requirements to enable the assessment of any application under this Rule are set out in Section 8.1.3.3. In addition, assessment shall also take into account the matters identified in Policy 4 of Section 4.2.3.
  • The imposition of consent conditions under matters vii), viii) and ix) shall take into account the policy direction provided in Policies 1 and 2 in Sections 2.3.3 in addition to specific policies in this chapter of the 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.

 

Explanation and Principal Reasons for Adopting Methods 4.2.20.1 to 4.2.20.3
Method 4.2.20.1 describes in what situations and how Waikato Regional Council will require the removal of structures that are having adverse environmental effects. In using this method, Waikato Regional Council will consult with the owner (where they can be identified) of the structure to see if the adverse effects involving that structure can be resolved.

Rule 4.2.20.2 allows for the removal or demolition of structures or parts of structures that may need to be removed from time to time. In many cases, the removal of the structure will not have adverse environmental effects. However, some temporary adverse effect, such as destabilisation of the river or lake bed, may occur. Removal of a structure may be necessary where a structure is unsafe or is no longer required and may be having adverse effects on the environment.

Rule 4.2.20.3 provides for the removal or demolition of structures as controlled activities. The Rule is included because it is unlikely that Waikato Regional Council will refuse consent for the removal of a structure. Any adverse environmental effects can be addressed through the matters which Waikato Regional Council reserves control over.

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