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4.3.7 Implementation Methods - Sand and Gravel Extraction

4.3.7.1 Permitted Activity Rule – Sand and Gravel Extraction

The extraction of up to 50 cubic metres per year of sand and gravel from a river bed within the Waihou River Catchment and Ohinemuri River Catchment, excluding water bodies identified as Natural State in the Water Management Class Maps of this Plan, is a permitted activity subject to the following conditions:

  1. Machinery shall not be operated in any flowing water.
  2. The removal of sand and gravel shall take place no closer than two metres from flowing water.
  3. Sand and gravel shall not be extracted to a depth exceeding 0.5 metres below water level.
  4. Sand and gravel extraction shall not take place within 20 metres of any structure in, on, under or over the bed of the river.
  5. Sand and gravel extraction shall not take place within 100 metres upstream of a water intake.
  6. All excavated sand and gravel shall be removed from the river bed not stockpiled in the floodplain.
  7. The Waikato Regional Council shall be notified in writing of the sand and gravel extraction at least 10 working days prior to commencing the activity.
  8. 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.
  9. In the event of any waahi tapu that is not subject to condition h) being identified while undertaking the sand and gravel extraction, the activity shall cease insofar as it may affect the 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.
  10. The activity shall comply with the suspended solids discharge standards as set out in Section 4.2.21.
  11. Any erosion occurring as a result of the activity shall be remedied as soon as practicable.
  12. All equipment and surplus materials shall be removed from the floodplain on the completion of that activity.
  13. 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.

Advisory Note:

  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition i) is set out in Section 2.3.4.22 of this Plan.

4.3.7.2 Controlled Activity Rule – Sand and Gravel Extraction

The extraction of between 50 and 200 cubic metres per year of sand and gravel from a river bed within the Waihou River Catchment and Ohinemuri River Catchment, excluding water bodies identified as Natural State in the Water Management Class Maps of this Plan, is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. Machinery shall not be operated in any flowing water.
  2. The removal of sand and gravel shall take place no closer than two metres from flowing water.
  3. Sand and gravel shall not be extracted to a depth exceeding 0.5 metres below water level.
  4. Sand and gravel extraction shall not take place within 20 metres of any structure in, on, under or over the bed of the river.
  5. Sand and gravel extraction shall not take place within 100 metres upstream of a water intake.
  6. All excavated sand and gravel shall be removed from the river bed and not stockpiled in the floodplain.
  7. 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.
  8. In the event of any waahi tapu that is not subject to condition g) 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.
  9. Any erosion occurring as a result of the extraction shall be remedied as soon as practicable.
  10. All equipment and surplus materials shall be removed from the floodplain on the completion of that activity.
  11. 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.

Waikato Regional Council reserves control over the following matters:

  1. The frequency and timing of the sand and gravel extraction.
  2. The method of sand and gravel removal.
  3. The location and extent of the sand and gravel removal.
  4. The information and monitoring requirements.
  5. Effects on any waahi tapu or other taonga from the activity.
  6. 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.
  7. 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.
  8. Measures to avoid, remedy, or mitigate the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna1.
  9. Measures to control suspended solids discharges.

Advisory Notes:

  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition h) is set out in Section 2.3.4.22 of this Plan.
  • The imposition of consent conditions under matters v), vi) and vii) 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.

Notification:
Applications for resource consents for activities under Rule 4.3.7.2 will be considered without notification or the need to obtain written approval of affected persons, in accordance with s94(1)(b) of the RMA.

4.3.7.3 Restricted Discretionary Activity Rule – Sand and Gravel Extraction in Coromandel Peninsula Rivers

The extraction of sand and gravel from the bed of a river on the Coromandel Peninsula is a restricted discretionary activity (requiring resource consent).

Waikato Regional Council restricts its discretion over the following matters:

  1. The location, timing and frequency of the activity.
  2. The amount of sand and gravel to be removed.
  3. The method of sand and gravel removal.
  4. The use, site and placement of material removed from the bed.
  5. Effects on any waahi tapu or other taonga from the activity.
  6. 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.
  7. 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.
  8. Measures to control the effects of the activity on any lawfully established structure.
  9. Measures to control suspended solids discharges
  10. Measures to avoid, remedy or mitigate adverse effects on the natural character of the beds of rivers and lakes.
  11. Measures to ensure consistency with criteria as set out in any applicable Water Management Class in this Plan.
  12. Measures to control the effect of the activity on areas of significant indigenous vegetation and significant habitats of indigenous fauna2.

Notification:
Applications for resource consents for activities under Rule 4.3.7.3 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:

  • The imposition of consent conditions under matters v), vi) and vii) 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.
  • If neither Rule 4.3.7.1 or 4.3.7.2 can be complied with, then the activity is a discretionary activity pursuant to Rule 4.3.4.4.
  • Refer also to Rule 6.1.16.1 of this Plan concerning discharges to air from land based sand and gravel extraction sites.
  • Under s51 of the Transit New Zealand Act 1989 every person commits an offence who, without written permission from the Land Transport Authority (in case of a State Highway) or of the Minister of Transport (in the case of a road under the Minister’s control) digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge, dam, ford, or weir forming part of a road.
  • Information requirements to enable the assessment of any application under this Rule are set out in Section 8.1.3.4. In addition, assessment shall also take into account the matters identified in Policy 1 of Section 4.3.3.

Explanation and Principal Reasons for Adopting Methods 4.3.7.1 to 4.3.7.3

Rule 4.3.7.1 allows minor extraction of sand and gravel not exceeding 50 cubic metres per year from the dry part of a river bed within the Waihou River Catchment, Ohinemuri River Catchment and in rivers on the Coromandel Peninsula. There is a continuous supply of gravel entering the rivers from the ranges in those areas.

Rule 4.3.7.2 allows up to 200 cubic metres of gravel to be extracted per year from the dry part of a river bed as a controlled activity. The reason for allowing amounts not exceeding 200 cubic metres is that this quantity is considered to be sustainable for extraction within the catchments named. Controls are required to ensure that metal and sand extraction up to 200 cubic metres is undertaken without causing significant adverse effects on the beds and banks of rivers.

Rule 4.3.7.3 provides for sand and gravel extraction from the beds of rivers in Coromandel Peninsula rivers. A restricted discretionary rule for this activity has been included because it gives Waikato Regional Council the ability to allow the removal of sand and gravel where the effects will be minor and control removal where there is the potential for significant adverse effects to occur.

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