4.3.10 – Removal of Obstructions
18.104.22.168 Permitted Activity Rule – Removal of Obstructions
- The removal of vegetation, rocks, gravel, sediment and any other debris that are blocking or obstructing a river channel and are or are likely to directly result in erosion or flooding or cause a navigation or safety hazard, and
- Any associated bed disturbance, and
- Any associated discharge of suspended solids:
are permitted activities subject to the following conditions;
- The activity shall be limited to the extent necessary to clear obstructions and, in any event, the total length of works shall be limited to five times the width of the river bed or 100 metres per kilometre per 12 month period whichever is the lesser.
- The activity shall provide for the safe passage of fish both upstream and downstream.
- All equipment and surplus materials shall be removed from the river or lake bed and floodplain on the completion of that activity.
- 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.
- 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.
- 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.
- The activity shall comply with the suspended solids discharge standards as set out in Section 4.2.21.
- Any erosion occurring as a result of the activity shall be remedied as soon as practicable.
- 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 Regulation 1995), that would allow clearance of river obstructions 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.
- This rule shall not apply to activities located in, on, or under the bed of a river or lake that is a significant geothermal feature that is regulated by Rules 22.214.171.124 and 126.96.36.199.
- The activity shall not take place in Significant Indigenous and Fish Habitat Class waters during August to December inclusive and Trout Fisheries and Trout Spawning class water during May to September inclusive.
- Floating debris and plant material shall be prevented from drifting away causing obstructions to the river bed, spreading plant pests (as listed in Rule 188.8.131.52) or creating a navigation hazard.
- The location of the proposed obstruction removal shall be notified to the Waikato Regional Council at least 24 hours prior to commencing activities.
- The activity shall not take place in a water body that is identified as a Natural State Water body in the Water Management Class maps or in a wetland.
- The removal of vegetation, rocks, gravel, sediment and any other debris that are blocking or obstructing a river channel resulting erosion or flooding or causing a navigation or safety hazard not provided for by Rule 184.108.40.206 is a discretionary activity pursuant to Rule 220.127.116.11
- 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 18.104.22.168 of this Plan.
- The removal or demolition of a structure or part of any structure in, on, under or over the beds of rivers and lakes are addressed in Section 4.2.20 of this Plan.