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4.2.5 Existing Lawfully Established Structures

4.2.5.1 Permitted Activity Rule – Existing Lawfully Established 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.

 

  1. Unless controlled by Rules 3.6.4.5, 3.6.4.7, 3.6.4.10 and 3.6.4.11 the use or alteration (including operation, repair, upgrading and maintenance activities encompassed by section 13(1)(a)) of any existing lawfully established structure authorised before the date of notification (28 September 1998) of this Plan, and
  2. Associated bed disturbances, in, on, under or over the bed of a river or lake; and
  3. Any discharge of sediment associated with the use or alteration of activities;

are permitted activities subject to the following conditions:

  1. The structure shall be maintained in a structurally sound condition at all times.
  2. There shall be no obstruction of debris that results in flooding on neighbouring properties.
  3. Any discharge from the structure from maintenance activities shall comply with the suspended solids discharge standards as set out in Section 4.2.21 of this Plan.
  4. The structure shall comply with any conditions that are part of a resource consent granted for the structure before the date of notification (28 September 1998) of this Plan, other than conditions relating to review or expiry.
  5. The activity shall not disturb any archaeological site or waahi tapu identified as 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).
  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 or alteration of the structure, 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. Any alteration shall not result in any increase in the area of river or lake bed occupied by the structure.
  8. Any erosion occurring as a result of the activity that is not authorised in condition d) shall be remedied as soon as practicable.
  9. 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.
  10. For culverts in water bodies classified as Trout Fisheries or Indigenous Fisheries:
  1. the structure shall not impede fish passage where it would otherwise occur, or
  2. a mechanism, structure or procedure shall be provided, that allows for fish passage where it would otherwise occur.

Advisory Notes:

  • If any of these conditions cannot be complied with, then the activity is a controlled activity pursuant to Rule 4.2.5.2.
  • Refer to Rule 4.3.6.1 for the removal of bed material for the maintenance of structures.
  • 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.

4.2.5.2 Controlled Activity Rule – Existing Lawfully Established 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.

 

  1. Unless controlled by Rules 3.6.4.5, 3.6.4.7, 3.6.4.10, 3.6.4.11 or 4.2.5.1 the use or alteration (including operation, repair, upgrading and maintenance activities encompassed by section 13(1)(a)) of any existing lawfully established structure authorised before the date of notification (28 September 1998) of this Plan, and
  2. Associated bed disturbances, in, on, under or over the bed of a river or lake, and
  3. Any discharge of sediment associated with the use or alteration activities;

are controlled activities (requiring resource consent) subject to the following standard and term:

  1. 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.

Waikato Regional Council reserves control over the following matters:

  1. Measures to control the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna.
  2. Measures to prevent damage to riparian vegetation or soil.
  3. Measures to provide for the passage of fish, both upstream and downstream, including whether passage is appropriate or necessary.
  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 lawfully established structures.
  7. Effects on any waahi tapu or other taonga affected by 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 set out in any applicable Water Management Classes in this Plan.
  11. Measures to control suspended solids discharges.

Notification: 
Applications for resource consents for activities under this rule will be considered without notification or the need to obtain written approval of affected persons, in accordance with s94(1)(b) of the RMA.

Advisory Notes:

  • If the standard and term cannot be complied with, then the activity is a discretionary activity pursuant to Rule 4.2.4.2
  • Refer to Rule 4.3.6.1 for the removal of bed material for the maintenance of structures.
  • The information Waikato Regional Council will require to assess any application under this rule is set out in Section 8.1.3.1.
  • 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 Section 2.3.3 in addition to specific policies in this chapter of the Plan.

Explanation and Principal Reasons for Adopting Methods 4.2.5.1 and 4.2.5.2

Rules 4.2.5.1 and 4.2.5.2 implement Policy 3 of Section 4.2.3 by recognising that there are existing lawfully established structures within the Region, including bridges, dams, telecommunication and power lines and drainage scheme works. The use and alteration of these structures has minor or no adverse environmental effects. To require consents for these structures would impose unnecessary compliance and transaction costs on resource users that may be passed on to the wider community. However, it is important that these structures are operated and maintained in a manner that avoids, remedies or mitigates adverse environmental effects.

Existing lawfully established structures that are unable to comply with Rule 4.2.5.1 will be considered as controlled activities under Rule 4.2.5.2 in order to address any adverse effects that might be occurring. This rule is included because it is unlikely that Waikato Regional Council will refuse consent for an established structure but it enables Council to impose conditions to address any adverse effects.

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