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  Council » Policies and Plans » Rules and regulation » Waikato Regional Plan » Waikato Regional Plan (online version) » 4.3 River and Lake Bed Disturbances » 4.3.6 Implementation Methods - Disturbance of River and Lake Beds Associated with the Maintenance of a Lawfully Established Structure

4.3.6 Implementation Methods - Disturbance of River and Lake Beds Associated with the Maintenance of a Lawfully Established Structure

4.3.6.1 Permitted Activity Rule – Extraction of Bed Material and Disturbance of River and Lake Beds Associated with the Maintenance of a Legally Established Structure

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 extraction and/or disturbance of bed material for the purpose of clearing debris or bed material from within or surrounding a lawfully established structure, and
  2. The disturbance of the bed of a river or lake (excluding excavation/removal of bed material) for the purpose maintaining channels or the beds of rivers and lakes in drainage districts and river control scheme areas that are managed by the Waikato Regional Council or territorial authorities, and
  3. Any associated discharge of sediment;

are permitted activities subject to the following conditions:

  1. The activity shall provide for the safe passage of fish both upstream and downstream.
  2. The bed disturbance and/or extraction of bed material shall be limited to the extent necessary to clear debris or bed material and, in any event, shall not exceed a total length of 100 metres.
  3. All equipment and surplus materials shall be removed from the river and lake bed and 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 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 extraction of bed material and the disturbance of the bed, 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 activity 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. 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 Occupation Safety and Health under the Health and Safety Regulation 1995), that would allow clearance of river debris and where the Waikato Regional Council is notified at least ten days prior to the activity commencing and 24 hours in the case of an emergency.
  10. 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 extraction of bed material or the disturbance of the bed of a lake or river for the purposes of maintaining a legally established structure not provided for by Rule 4.3.6.1 is a controlled activity pursuant to Rule 4.3.6.2.
  • Where a waahi tapu site is identified whist 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.

4.3.6.2 Controlled Activity Rule – Extraction of Bed Material and Disturbance of River and Lake Beds Associated with 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(external link).

 

Unless authorised by Rule 4.3.6.1:

  1. the extraction and/or disturbance of bed material for the purpose of clearing debris or bed material from within or surrounding a lawfully established structure; and
  2. The disturbance of the bed of a river or lake (including excavation/removal of bed material) for the purpose of maintaining channels or the beds of rivers and lakes in drainage districts or river control scheme areas that are managed by the Waikato Regional Council or territorial authorities or within hydroelectric schemes; and
  3. Any associated discharge of sediment; and
  4. Any associated deposition of removed bed material in, on or under the bed;

are controlled activities subject to the following standards and terms:

  1. All equipment and surplus materials shall be removed from the river or lake bed and floodplain on the completion of that activity.
  2. 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.
  3. 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.
  4. The works shall not permanently affect the passage of fish upstream and downstream.

The Waikato Regional Council reserves control over the following matters:

  1. The frequency and timing of extraction of bed material.
  2. The method of removal of bed material.
  3. The location and extent of the removal of bed material.
  4. Measures to control the deposition of removed bed material in, on or under the bed.
  5. Measures to control the separation and subsequent deposition on any contaminated materials.
  6. Measures to control suspended solids discharges.
  7. Measures to limit the effects of the use of explosives in water bodies.
  8. Measures to control the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna or trout.
  9. Measures to prevent damage to riparian vegetation or soil.
  10. The potential effects on bed and bank stability and water quality.
  11. Measures to control the effect of the activity on upstream or downstream properties.
  12. Measures to control the effects of the activity on any other lawfully established structures.
  13. Measures to ensure consistency with criteria as set out in any applicable Water Management Classes in this Plan.
  14. Effects on any waahi tapu or other taonga from the activity.
  15. 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.
  16. 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.
  17. Measures to provide for the safe passage of fish both upstream and downstream during and after the works.

Advisory Note:

  • The extraction of bed material or the disturbance of the bed of a lake or river for the purposes of maintaining a lawfully established structure not provided for by Rule 4.3.6.2 is a discretionary activity pursuant to Rule 4.3.4.4.

 

Explanation and Principal Reasons for Adopting Method 4.3.6.1 and 4.3.6.2
The purpose of Rule 4.3.6.1 is to allow the extraction of bed material and other disturbance of the beds of river and lakes for the purpose of clearing debris or bed material from within, or surrounding lawfully established structures. These activities are necessary for the efficient functioning and integrity of structures, and are considered to have minor or no adverse effects.

The purpose of Rule 4.3.6.2 is to provide for circumstances where it is not possible to comply with Rule 4.3.6.1 but the activity is necessary in order to maintain the operational efficiency of lawfully established structures.

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