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  Council » Policies and Plans » Rules and regulation » Waikato Regional Plan » Waikato Regional Plan (online version) » 3.4 Efficient Use of Water » 3.4.4 Implementation methods – Transfer of water take permits

3.4.4 Implementation methods – Transfer of water take permits

3.4.4.1 Environmental Education

(Method to implement Section 3.4.3 Policy 3)
Waikato Regional Council will, through environmental education programmes, raise the awareness of the community about transferring water permits by undertaking the following:

  1. Providing information about the process for the transfer of permits between resource users
  2. Providing educational material promoting the efficient use and conservation of water to minimise waste discharges
  3. Providing information on the positive benefits to be derived from the efficient use of water.

3.4.4.2 Consents for Transfer of Water

(Method to implement Section 3.4.3 Policy 3)
To improve efficient use and efficient allocation of water applicants for the take and use of water may consider applying for:

  1. A single take consent that may cover multiple locations. This may be used either by an individual or a group of individuals; such as provided for by Section 3.3.3 Policy 21 Water User Groups.
  2. A transfer consent so that water can be taken at multiple locations.
  3. A single use consent where more than one site is being utilised by the consent holder, where a use consent is required.
  4. For the avoidance of doubt, when separate applications are made for either a take consent, use consent, or transfer consent, the separate applications retain their relevant rule provisions for each consent, rather than a bundling of the applications.

3.4.4.3 Permitted Activity Rule - Transfer of Surface Water and Groundwater Take Permits

(Implements Section 3.4.3 Policy 3)

In accordance with s136(2)(b)(i) of the RMA, the temporary or permanent transfer of the whole or part of a permit holder’s interest in a water permit for the taking of surface and groundwater to:

  1. Any person or occupier of the site in respect of which the permit is granted, or
  2. To another person on another site (for surface water take permits only)

is a permitted activity subject to the following conditions:

  1. The permit does not pertain to the transfer of geothermal water, and
  2. The transfer is within the same catchment to any point downstream (excluding downstream tributaries) of the location to which the permit applies or is within the same hydro electricity reservoir on the Waikato River; and
  3. The Water Management Class (refer Section 3.2.4) as identified in the Water Management Class Maps, is the same at the new site as that to which the water permit pertains, or the class at the new site specifies the same or less restrictive intake screening and intake velocity requirements than the site to which the permit applies; and
  4. written notice signed by the transferor and transferee is given to the Waikato Regional Council five working days prior to the transfer, specifying:
    1. full names and addresses of transferor and transferee
    2. if the whole permit is not being transferred, the portion of the water permit being transferred
    3. proposed daily volume (cubic metres per day) and rate (litres per second of take at both sites
    4. the number of the permit to be transferred and the number of the use permit held by each party
    5. the location of new take and use site (shown on a map or identified by NZMS 260 map reference)
    6. the date of transfer
    7. description of purpose for which water is to be used
    8. whether the transfer is permanent or temporary and, if temporary, the date on which the transfer ceases.
  5. The permit shall retain the same conditions (excluding location) and priority for water shortage restrictions, and, excluding screening and intake requirements as specified in part c) above.
  6. In the case of partial or temporary transfers of more than five days per annum, all parties to the transfer shall have metering and reporting at the appropriate recording and reporting level as defined in Table 3-4.
  7. The water taken under the permit (or the net take for surface takes) shall not exceed the volume allocated by the original permit.
  8. The permit shall be transferred only to parties who hold a current consent for the use of water or to parties whose intended use of the water is permitted by a rule in the plan.
  9. In the case of partial or temporary transfers of more than five days per annum the transferor must have given full effect to the purpose of the permit prior to any transfer taking place.
  10. This rule shall not apply to the transfer of a groundwater take permit to another location within the same aquifer or to another aquifer.
  11. This rule does not apply to the transfer of domestic or municipal supply take permits, except where the transfer is to another person or organisation that will be using the water for domestic or municipal supply.

Advisory Notes

  • Pursuant to s136(3) of the RMA, the transfer has no effect until written notice of the transfer is received by Waikato Regional Council.
  • Section 136(5) of the RMA provides that when notification of the transfer has occurred, the permit or that part of the permit transferred shall be deemed to be cancelled, and the permit or part transferred shall be deemed to be a new permit subject to the same conditions as the original permit.

3.4.4.4 Restricted Discretionary Activity – Transfer of Surface and Groundwater Take Permits

(Implements Section 3.4.3 Policy 3)

  1. Any transfer of a water permit that is unable to comply with Rule 3.4.4.3: or
  2. The temporary or permanent transfer of the whole or part of a permit holder’s interest in a water permit for the taking of groundwater

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

  1. The Water Management Class (refer Section 3.2.4) as identified in the Water Management Class Maps, is the same at the new site as that to which the water permit pertains, or the class at the new site specifies the same or less restrictive intake screening and intake velocity requirements than the site to which the permit applies.
  2. The permit shall retain the same conditions (excluding location) and priority for water shortage restrictions, and, excluding screening and intake requirements as specified in part a) above.
  3. The transfer is within the same catchment.
  4. In the case of temporary or partial transfers, all parties to the transfer shall have metering and reporting at the appropriate recording and reporting level as defined in Table 3-4.
  5. The permit does not pertain to the taking of geothermal water.
  6. The transfer is to another site within the same aquifer.
  7. The transfer is to a location at which the aquifer has the same or greater transmission and storage characteristics.
  8. The transfer shall not adversely affect any lawfully established efficient groundwater abstraction, which existed prior to transfer of the take.
  9. The water taken under the permit (or the net take for surface takes) shall not exceed the volume allocated by the original permit.
  10. Any transfer on the main stem of the Waikato River upstream of Karapiro Dam is within the same hydro electricity reservoir or is downstream.
  11. This rule does not apply to the transfer of domestic or municipal supply take permits, except where the transfer is to another person or organisation that will be using the water for domestic or municipal supply. Notwithstanding that, this rule does not apply to the transfer of takes for domestic or municipal supply from the main stem of the Waikato River downstream of the Huntly Power Station to upstream of the Huntly Power Station.

Waikato Regional Council restricts its discretion over the following matters:

  1. The timing of abstraction, the (net) volume of water allocated and the rate at which water is abstracted, including daily and seasonal requirements and duration and timing of peak daily take rate, having regard to the efficiency of the water allocated and having regard to Chapter 3.3 Policy 11 and Chapter 3.4 Policy 1.
  2. The proposed use of the water.
  3. Volume of water allocated for crop irrigation, having regard to crop water requirements and efficiency of use and Chapter 3.4 Policy 2.
  4. The level(s) of priority to apply during water shortages having regard to Chapter 3.3 Policy 18 and Standard 3.3.4.27.
  5. Abstraction restrictions during water shortage condition (including suspension of abstraction and rostering) having regard to Policies 17, 18 and Standard 3.3.4.27 of Chapter 3.3.
  6. The duration of the resource consent having regard to Policy 15 of Chapter 3.3 and to future demands for water for domestic or municipal supply from the surface water body to which the application applies.
  7. Measures to avoid, remedy, or mitigate the adverse effects of water takes on the purpose of the Water Management Classes identified in Section 3.2.4.
  8. The carrying out of measurements, samples, analyses, inspections, and reporting having regard to Chapter 3.3 Policy 16.
  9. Measures to satisfy the intake screening requirements for the protection of aquatic fauna.
  10. Measures to avoid, remedy, or mitigate any adverse effects associated with the intake structure.
  11. Effects on any waahi tapu or other taonga from the activity.
  12. 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.
  13. 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.
  14. Effects on existing users, including generation from renewable energy sources.

Advisory Notes:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.3 of this Plan.

3.4.4.5 Non-Complying Activity Rule – Transfer of Surface and Groundwater Take Permits

(Implements Section 3.4.3 Policy 3)
Any transfer of a water take permit that is not able to comply with Rule 3.4.4.4 is a non-complying activity (requiring resource consent).
Advisory Notes:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.2.3 of this Plan. In addition, assessment shall also take into account the matters identified in Policies 1- 14 of Section 3.3.3.

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