Page content Page content Section navigation Topic navigation Accessibility keys Sitemap Search Contact us www.govt.nz portal
Go to Waikato Regional Council homepage
search icon mail icon contact us icon

  Council » Policies and Plans » Rules and regulation » Waikato Regional Plan » Waikato Regional Plan (online version) » 5.2 Discharges Onto or Into Land » 5.2.5 Implementation Methods - Cleanfilling* and Overburden* Disposal

5.2.5 Implementation Methods - Cleanfilling* and Overburden* Disposal

5.2.5.1 Permitted Activity Rule – Overburden Disposal Outside of High Risk Locations

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).

 

The discharge of overburden onto or into land at an overburden disposal site* and any subsequent discharge of contaminants into water or air when occurring outside of:

  1. A high risk erosion area1
  2. A floodplain of a river*
  3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole* or cave entrance
  4. Any wetlands2 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  5. A significant geothermal feature*

is a permitted activity subject to the following conditions:

    1. The concentration of suspended sediment in any discharge to a water body arising from this activity shall comply with the suspended sediment criteria as set out in Section 3.2.4.5.
    2. Any discharge to air arising from the activity shall comply with the conditions and standards and terms in Section 6.1.8 except where the matters addressed in Section 6.1.8 are already addressed by conditions on resource consents for the site.
    3. The overburden has no acid producing material3
    4. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan (28 September 1998), 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.
    5. In the event of any waahi tapu that is not subject to condition d) being identified by the Waikato Regional Council to the person undertaking the activity, 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.
    6. Where the site is to receive a total volume of more than 1,000 cubic metres of overburden (solid measure) the operator shall notify the Waikato Regional Council in writing of the accurate location of the site seven working days prior to commencing operation.
  1. The placement of the material shall be undertaken and maintained in a manner so as to ensure its long term stability.
  2. The activity shall not cause any increase in flooding on neighbouring properties.

Exclusion to Rule 5.2.5.1:
This Rule does not apply to soil disturbance activities where overburden is reused, such as land contouring, roading and tracking which are addressed by methods and rules in Section 5.1.4.

Advisory Notes:

  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any significant geothermal feature is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of overburden provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation4 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition e) is set out in Section 2.3.4.22 of this Plan.
  • Discharges of contaminants into land that affect Significant Geothermal Features are addressed in Rules 7.6.6.1 to 7.6.6.3. 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.

5.2.5.2 Controlled Activity Rule – Overburden Disposal Not Permitted by Rule 5.2.5.1

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).

 

The discharge of overburden onto or into land at an overburden disposal site and any subsequent discharge of contaminants into water or air that does not comply with Rule 5.2.5.1 when occurring within:

  1. A high risk erosion area
  2. A floodplain of a river
  3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole or cave entrance
  4. Any wetlands5 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  5. A significant geothermal feature*

is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. The maximum volume of material deposited at any single site and within any three year period, shall not exceed 5,000 cubic metres of overburden (solid measure).
  2. The overburden material has no acid producing potential6.
  3. The placement of the material shall be undertaken and maintained in a manner so as to ensure its long-term stability.
  4. The activity shall not cause any increase in flooding on neighbouring properties.

Waikato Regional Council reserves control over the following matters:

  1. Measures to ensure that the activity does not reduce slope stability, exacerbate preexisting land instabilities or constrict flood flows.
  2. Measures to avoid, remedy or mitigate damage to riparian vegetation or soil.
  3. Measures to avoid, remedy or mitigate damage to any lawfully established structures.
  4. The location, timing of construction, design and density of soil disturbance activities and vegetation removal.
  5. Any measures necessary to rehabilitate the land following the completion of the activity.
  6. The means of controlling effects on air quality from objectionable particulate matter.
  7. Measures to avoid, remedy or mitigate the adverse effect of the activity on areas of significant indigenous vegetation, significant habitats of indigenous fauna7, and significant natural features such as cave and karst systems and outstanding landscapes.
  8. Effects on any waahi tapu or other taonga from the activity.
  9. 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.
  10. 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.
  11. The quality of any discharges to water from the site.
  12. Measures to monitor incoming material to ensure that only overburden is received.

Exclusion to Rule 5.2.5.2:

  1. This rule does not apply to disturbance activities where overburden is reused, such as land contouring, and roading and tracking which are addressed by methods and rules in Section 5.1.4.

Advisory Notes:

  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any Significant Geothermal Features is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of overburden provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation8 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • The imposition of consent conditions under matters viii), ix) and x) 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.

5.2.5.3 Discretionary Activity Rule – Large Scale Overburden Disposal

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).

 

The discharge of overburden onto or into land and any subsequent discharge of contaminants into water or air in a manner that does not comply with Rules 5.2.5.1 and 5.2.5.2 is a discretionary activity (requiring resource consent).


Exclusion to Rule 5.2.5.3:

  1. This Rule does not apply to discharges of contaminants into land that will affect significant Geothermal Features.


Advisory Notes:

  • Information requirements to enable the assessment of any application under this Rule are as set out in Section 8.1.4.3. In addition, assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.
  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any Significant Geothermal Features is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of overburden provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation9 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.

5.2.5.4 Permitted Activity Rule – Small Scale Cleanfill Disposal Outside of High Risk Locations

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).

 

The discharge of cleanfill onto or into land and any subsequent discharge of contaminants into water or air when occurring outside of:

  1. A high risk erosion area
  2. A floodplain of a river
  3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole* or cave entrance
  4. Any wetlands10 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  5. A significant geothermal feature*

and where the total volume of cleanfill does not exceed 2,500 cubic metres per annum, is a permitted activity subject to the following conditions:

  1. Any discharge to air arising from the activity shall comply with the conditions and standards and terms in Section 6.1.8 except where the matters addressed in Section 6.1.8 are already addressed by conditions on resource consents for the site.
  2. Records of the source and composition of all material disposed of at the site shall be maintained and made available to the Waikato Regional Council upon request to demonstrate that only cleanfill as defined in the Glossary to this Plan has been received.
  3. The cleanfill has no acid producing potential.11
  4. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan (28 September 1998), 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.
  5. In the event of any waahi tapu that is not subject to condition d) being identified by the Waikato Regional Council to the person undertaking the activity, 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.
  6. Where the site is to receive a total volume of more than 1,000 cubic metres of cleanfill (loose measure) the operator shall notify the Waikato Regional Council in writing of the accurate location of the site seven working days prior to commencing operation.
  7. The placement of the material shall be undertaken and maintained in a manner so as to ensure its long-term stability.
  8. The activity shall not cause any increase in flooding on neighbouring properties.
  9. The concentration of suspended sediment in any discharge to a water body arising from this activity shall comply with the suspended sediment criteria as set out in Section 3.2.4.6.


Exclusions to rule 5.2.5.4:

  1. This Rule does not apply to discharges of cleanfill for the purpose of erosion control structures in Rule 4.2.15.1.
  2. This Rule does not apply to soil disturbance activities where cleanfill is reused, such as land contouring, and roading and tracking which are addressed by methods and rules in Section 5.1.4.

Advisory Notes:

  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any Significant Geothermal Features is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of cleanfill provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation12 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition e) is set out in Section 2.3.4.22 of this Plan.

5.2.5.5 Controlled Activity Rule – Large Scale Cleanfill Disposal outside High Risk Locations

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).

 

The discharge of cleanfill onto or into land and any subsequent discharge of contaminants into water or air that does not comply with Rule 5.2.5.4 when occurring outside of:

  1. A high risk erosion area
  2. A floodplain of a river
  3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole* or cave entrance
  4. Any wetlands13 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  5. A significant geothermal feature*

is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. Any discharge to air arising from the activity shall comply with the conditions and standards and terms in Section 6.1.8 except where the matters addressed in Section 6.1.8 are already addressed by conditions on resource consents for the site.
  2. Records of the source and composition of all material disposed of at the site shall be maintained and made available to the Waikato Regional Council upon request to demonstrate that only cleanfill as defined in the Glossary to this Plan has been received.
  3. The cleanfill has no acid producing potential14.
  4. The placement of the material shall be undertaken and maintained in manner so as to ensure its long-term stability.
  5. The activity shall not cause any increase in flooding on neighbouring properties.

Waikato Regional Council reserves control over the following matters:

  1. Measures to ensure that the activity does not reduce slope stability, exacerbate preexisting land instabilities or constrict flood flows.
  2. Measures to avoid, remedy or mitigate damage to riparian vegetation or soil.
  3. Measures to avoid, remedy or mitigate damage to any lawfully established structures.
  4. The location, timing of construction, design and density of soil disturbance activities and vegetation removal.
  5. Any measures necessary to rehabilitate the land following the completion of the activity.
  6. The means of controlling effects on air quality from objectionable particulate matter.
  7. Measures to avoid, remedy or mitigate the adverse effect of the activity on areas of significant indigenous vegetation, significant habitats of indigenous fauna15 and significant natural features such as cave and karst systems and outstanding landscapes.
  8. Effects on any waahi tapu or other taonga from the activity.
  9. 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.
  10. 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.
  11. The quality of any discharges to water from the site.
  12. Measures to monitor incoming material to ensure that only overburden is received.

Exclusions to Rule 5.2.5.5:

  1. This Rule does not apply to cleanfill disposal for the purpose of erosion control structures in Rule 4.2.15.1.
  2. This Rule does not apply to soil disturbance activities where cleanfill is reused, such as land contouring, and roading, tracking which are addressed by methods and rules in Section 5.1.4.

Advisory Notes:

  • Information requirements to enable the assessment of any application under this Rule are as set out in Section 8.1.4.3. In addition assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.
  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any Significant Geothermal Features is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of cleanfill provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for fillings operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation16 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • The imposition of consent conditions under matters viii), ix) and x) 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.

5.2.5.6 Discretionary Activity Rule – Cleanfill Disposal in High Risk Locations

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).

 

The discharge of cleanfill onto or into land and any subsequent discharge of contaminants into water or air in a manner that does not comply with Rules 5.2.5.4 and 5.2.5.5 is a discretionary activity (requiring resource consent).

Exclusions to Rule 5.2.5.6:

  1. This Rule does not apply to discharges of contaminants into land that will affect significant Geothermal Features.
  2. This Rule does not apply to soil disturbance activities where cleanfill is reused, such as land contouring, and roading and tracking which are addressed by methods and rules in Section 5.1.4.

Advisory Notes:

  • Information requirements to enable the assessment of any application under this Rule are as set out in Section 8.1.4.3. In addition assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.
  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any Significant Geothermal Features is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Where the material to be dumped does not meet the definition of cleanfill provided in the Glossary it is subject to the rules relating to landfills in Section 5.2.7.
  • Land use consents for fillings operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation17 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.

5.2.5.7 Permitted Activity Rule – Discharge of Small Volumes of Sediment and Vegetation From Within or Surrounding Lawfully Established Structures or Artificial Watercourses

The discharge of sediment and vegetation onto or into land and any subsequent discharge to air or water where the material is derived from the:

  1. clearing of debris and bed material from within or surrounding a lawfully established structure or artificial watercourse
  2. maintenance of channels in drainage districts and river control scheme areas that are managed by the Waikato Regional Council or territorial authorities
  3. clearance of floating vegetation and debris behind dams and intake structures

is a permitted activity subject to the following conditions:

  1. The discharge must occur outside of:
    1. A high risk erosion area
    2. A floodplain of a river
    3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole or cave entrance
    4. Any wetland18 that is an areas of significant indigenous vegetation and/or a significant habitat of indigenous fauna
    5. A significant geothermal feature
  2. The total volume disposed of at an individual disposal site does not exceed 10 cubic metres per annum.
  3. The placement of the material shall be undertaken and maintained in a manner so as to ensure its long term stability.
  4. The activity shall not cause any increase in flooding on neighbouring properties.
  5. Any discharge to air that occurs either during the initial placement of the material or subsequently shall comply with the conditions and standards and terms in Section 6.1.8.
  6. The sediment or material has no acid producing potential.19
  7. The discharge shall not contain hazardous substances or pathogenic organisms.
  8. Any discharge to water that occurs either during the initial placement of the material or subsequently shall:
    1. comply with the suspended solids standards in Section 3.2.4.5 of this Plan.
    2. not contain any material which will cause the production of conspicuous oil or grease films, scums or foams or floatable suspended materials at any point downstream that is greater than three times the width of the river at the point of discharge and which for any river does not exceed 20 metres from the point of discharge and for any lake (other than Hydro Electricity Reservoirs) does not exceed 15 metres from the location of the discharge or the activity.
    3. not contain leachate produced during the decomposition of any organic material.
  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 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.
  11. Any erosion occurring as a result of the activity shall be remedied as soon as practicable.

Advisory Notes:

  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any significant geothermal feature is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation20 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.

5.2.5.8 Controlled Activity Rule – Discharge of Large Volumes of Sediment and Vegetation From Within or Surrounding Lawfully Established Structures or Artificial Watercourses

The discharge of sediment and vegetation onto or into land and any subsequent discharge to air or water where the material is derived from the:

  1. clearing of debris and bed material from within or surrounding a lawfully established structure or artificial watercourse
  2. maintenance of channels in drainage districts and river control scheme areas that are managed by the Waikato Regional Council or territorial authorities
  3. clearance of floating vegetation trapped from behind dams and intake structures

is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. The discharge must occur outside of:
    1. A high risk erosion area
    2. A floodplain of a river
    3. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole or cave entrance
    4. Any wetland that is an area of significant indigenous vegetation and/or significant habitat of indigenous fauna21
    5. A significant geothermal feature
  2. The activity shall not cause any increase in flooding on neighbouring properties
  3. Any discharge to air arising from the activity shall comply with the conditions and standards and terms in Section 6.1.8
  4. 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.
  5. In the event or any waahi tapu that is not subject to condition d) being identified 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.

Waikato Regional Council reserves control over the following matters:

  1. Measures required to avoid, remedy or mitigate adverse effects on water quality.
  2. Effects on any waahi tapu or other taonga from the activity.
  3. 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.
  4. 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.
  5. Measures to avoid, remedy or mitigate adverse effects on aquatic habitat.
  6. Measures to avoid, remedy or mitigate adverse effects on neighbouring properties.
  7. Measures (including rehabilitation and revegetation if necessary) to ensure that the site is maintained in a manner so as to ensure its long term stability.
  8. Measures to manage the effects of contaminants such as heavy metals, mineral salts, hazardous substances or pathogens on the long term health of the soil resource and on the existing and the range of foreseeable uses of the soil resource.

Advisory Notes

  • Soil disturbance activities and the discharge of contaminants into or onto land within 20 metres of any significant geothermal feature is a discretionary activity under Rules 7.6.6.1 to 7.6.6.3. 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.
  • Land use consents for filling operations may also be required by district plans. These will address issues such as amenity effects, traffic, noise, protection of identified areas of significant indigenous vegetation22 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • If the activity does not comply with this Rule it is a discretionary activity under Rule 3.5.4.5.
  • Information requirements to enable assessment of any application under this rule are set out in Section 8.1.4.3. In addition assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.

Explanation and Principal Reasons for Adopting Methods 5.2.5.1 to 5.2.5.8
The distinction between soil disturbance activities managed in Section 5.1.4 and the activities managed in this section is very important. The activities covered here are not soil disturbance activities or land contouring activities where soil is moved over a property or area to create an even grade. The activities covered by these rules occur at specific sites where large quantities of cleanfill or overburden generated as by-products or wastes from construction, mining and in some instances road building activities are discharged onto land. These activities can have adverse effects on surface and ground water quality, flooding, land instability or air quality through dust emissions.

Rules 5.2.5.1, 5.2.5.2 and 5.2.5.3 identify that in most locations overburden disposal will present only a minimal risk of adverse effects. The risks of adverse effects from overburden disposal operations will be greatest where the site is located in a high risk erosion area, floodplain or near sensitive features, such as wetlands or cave systems. In high risk erosion areas and floodplains of rivers, placement of fill may increase the risk of accelerated erosion and potentially exacerbate natural hazard events such as land instability or flooding.

Condition c) of Rule 5.2.5.1 identifies that some rock types in the Waikato Region have the potential to cause acid drainage (e.g. the Tui Mine). The risks of acid drainage are such that the disposal of any material with this potential is not a permitted activity.

Rules 5.2.5.4 and 5.2.5.5 indicate that disposal operations need to exercise quality control procedures that would ensure that only cleanfill was being deposited on site, only a resource consent can ensure that this is achieved. The controlled activity rule provides for monitoring and enforcement by Waikato Regional Council to maintain control over the nature of the material being deposited.

Rules 5.2.5.5 and 5.2.5.6 acknowledge that larger scale cleanfill operations, even outside high risk areas, represent an unacceptable level of risk due to the lack of acceptance criteria at most cleanfill sites. The number of vehicles using larger cleanfill sites make it much harder for operators to ensure that only cleanfill enters the site. There are cleanfills in the Region where potentially hazardous waste has been dumped due to lack of acceptance criteria. The resource consent process is necessary to ensure that waste acceptance criteria are closely adhered to.

Rules 5.2.5.7 and 5.2.5.8 enable activities that are necessary to ensure that the Region’s hydro-electricity power and flood control infrastructure are maintained. The disposal of weed and sediment removed from waterways associated with these structures during maintenance processes is an essential activity that must occur if we are to provide for the social, cultural and economic wellbeing of our communities. However, because of the nature of contaminants involved and the potential scale of these activities some degree of regulation is essential to ensure that risks to the environment are adequately avoided, remedied or mitigated. The rules provide an opportunity for the community to ensure that these activities do not have adverse effects that are inconsistent with the objectives and policies of this Plan and the Regional Policy Statement.

<< Previous 

 Index 

 Next >>

About this site     Contact us     Feedback and complaints New Zealand Government