13.3 Rules - Vegetation clearance*, land disturbance*, forestry* and cultivation* and indigenous biological diversity

1. diversion of water^ pursuant to s14(2) RMA on the land^ where the land disturbance* is undertaken, or
2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the land disturbance*

1. The activity must not take place on land^ that is within a coastal foredune*.
2. Erosion and sediment control methods, which may include bunding, silt traps, interception drains or other alternative methods, to minimise sediment discharge^ to water^ must be installed prior to, and maintained during, the land disturbance* activity
3. Any ancillary discharge of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
4. The activity must not occur on land^ that is in, or within 5 m of:
   1. the bed^ of a river^ that is permanently flowing,
   2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
   3. the bed^ of a lake^.
5. The activity must not occur on land^ that is in, or within 10 m of:
   1. A wetland^ as identified in Schedule F,
   2. Sites valued for Trout Spawning as identified in Schedule B,
   3. Sites of Significance - Aquatic as identified in Schedule B.

1. diversion of water^ pursuant to s14(2) RMA on the land^ where the land disturbance* is undertaken, or
2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the land disturbance*.

1. The activity must not take place on land^ that is within a coastal foredune*
2. The activity must be undertaken in accordance with an Erosion and Sediment Control Plan*.
3. Any ancillary discharge^ of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
4. The activity must not occur on land^ that is in, or within 5 m of:
   1. the bed^ of a river^ that is permanently flowing,
   2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
   3. the bed^ of a lake^.
5. The activity must not occur on land^ that is in, or within 10 m of:
   1. A wetland^ as identified in Schedule F,
   2. Sites valued for Trout Spawning as identified in Schedule B,
   3. Sites of Significance - Aquatic as identified in Schedule B.

1. The activity must not take place on land^ that is within a coastal foredune*
2. Any earthworks, the formation of any new track* and any planting or replanting of forestry* trees must not occur on land^ that is in, or within 5 m of:
   1. the bed^ of a river^ that is permanently flowing
   2. the bed^ of a lake^
   3. a rare habitat*, threatened habitat* or at-risk habitat*.
   unless the new track* or earthworks in (b)(i) or (b)(ii) is:
   1. necessary to connect to and from a formed river* crossing point that is a consented or permitted activity, and/or
   2. for the purpose of the maintenance* or upgrade* of an existing track* or earthwork.
3. Any new planting of forestry* trees and associated formation of any new track* or earthworks must not occur on land* that is in, or within 10 m of wetland^ habitat types (including lakes^) as defined in Schedule F.
4. Any earthworks or the formation of any new track* must not occur on land^ that is in, or within 10 m of a reach of a river^ or its bed^ with a Schedule B Value of Trout Spawning or Trout Fishery, unless the new track* or earthworks is:
   1. necessary to connect to and from a formed river* crossing point that is a consented or permitted activity, and/or
   2. for the purpose of the maintenance* or upgrade* of an existing track* or earthwork.
5. If any rare habitat*, threatened habitat* or at-risk habitat* is present within 5 m of an area of forestry* prior to undertaking harvesting an Operational Plan*, detailing measures taken to avoid or mitigate adverse effects^ on these areas, must be prepared and submitted to the Regional Council at least 48 hours prior to harvesting commencing and the Operational Plan* must be complied with.
6. Any area of forestry* that is harvested (other than firebreaks, tracks*, landing sites* or areas in (a) and (b)) must be planted or replanted to protect from erosion as soon as practicable and no later than 18 months from the date of the harvesting, unless the area is left to revegetate naturally.
7. Water^ run-off controls must be installed and maintained for tracks* and landing sites*.
8. Batters, cuts and side castings must be established by methods that prevent slumping.
9. Felled vegetation must be felled away from and not be dragged through any water body^ other than where this is necessary to avoid endangering the health and safety of workers, or where it is unavoidable and is the best harvest method such as, but not limited to, hauling through corridors or butt extraction, and
   1. any discharge^ resulting from the activity must not, after reasonable mixing, breach the water quality standards for change in visual clarity identified for that water body^ set out in Schedule E, and
   2. the activity must not occur in a water body^ with a Trout Spawning Value identified in Schedule B during the trout spawning season (1 May to 30 September inclusive), and
   3. the activity must not occur in a water body^ greater than 5 m in width, and
   4. the activity must not occur in an area listed in (b) (iii).
10. Harvesting must be planned and carried out so as to minimise the amount of slash* discharging^ into any area listed in (b)(i) and (ii) and entering any area listed in (b)(iii).
11. Slash* must be removed from within areas listed in (b)(i) where it is blocking river^ flow, or is diverting river^ flow and causing bank erosion.
12. Slash* associated with landing sites* and processing sites* must be placed on stable ground and contained to prevent accumulated slash from causing erosion or land instability.
13. The use of mobile machinery in or on the bed^ of a river^ with a Schedule B Value of Trout Spawning in a manner that disturbs the bed^ of the active flowing channel must not take place during the trout spawning season (1 May to 30 September inclusive).
14. The use of mobile machinery in or on the bed^ of a river^ with a Schedule B Value of Whitebait Migration in a manner that disturbs the bed^ of the active flowing channel must not take place 15 August to 30 November (inclusive).
15. The activity must be undertaken in accordance with an Erosion and Sediment Control Plan* which must be submitted to the Regional Council upon request.
16. Any discharge^ resulting from the activity must not, after reasonable mixing, breach the water quality standards for change in visual clarity identified for that water body^ set out in Schedule E.
17. Regional Council must be notified at least 48 hours prior to the activity commencing.

Advice Note: Plantation Forestry

The National Environmental Standards for Plantation Forestry (NES-PF) replace Rule 13-3 of the One Plan for plantation forestry activities. Please refer to the definition of “plantation forestry and plantation forest” in the NES-PF to check whether the NES-PF applies. Non-plantation forestry activities continue to be regulated under Rule 13-3 of the One Plan.
 

Advice Note: NES-PF protections for outstanding freshwater bodies, outstanding natural features and landscapes, significant natural areas, and Water Conservation Orders.

The NES-PF provides for protections for outstanding freshwater bodies, outstanding natural features and landscapes, significant natural areas, and water conservation orders [sections 6, 11, 12, 14, 16, 17, 29, 43, 46, 68, 74, 78, 79, 81, 104, and Schedule 3]. Schedules or parts of schedules in the One Plan that meet the protections definitions and apply when assessing an activity under the NES-PF are:
 

1. diversion of water^ pursuant to s14(2) RMA on the land^ where the cultivation* is undertaken, or
2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the cultivation* or the use of ancillary erosion and sediment control methods to minimise sediment run-off into water^.

1. The activity must not take place on land^ that is within a coastal foredune*
2. Bunding, silt traps, interception drains or other alternative methods to minimise sediment run-off to water^ must be installed prior to and maintained during cultivation*
3. Any ancillary discharge^ of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
4. For vegetable crops listed within the Commodity Levies (Vegetables and Fruit) Order 2007 a paddock assessment must be undertaken in accordance with the Code of Practice for Commercial Vegetable Growing in the Horizons Region (Horticulture New Zealand) Version 2010/2.
5. The activity must not occur on land^ that is in, or within 5 m of:
   1. the bed^ of a river^ that is permanently flowing,
   2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
   3. the bed^ of a lake^.
6. The activity must not occur on land^ that is in, or within 10 m of:
   1. A wetland^ as identified in Schedule F,
   2. Sites valued for Trout Spawning as identified in Schedule B,
   3. Sites of Significance - Aquatic as identified in Schedule B.

Resource consent^ applications under this rule^ will not be notified and written approval of affected persons will not be required (notice of applications need not be served^ on affected persons).

Advice Note: Examples of alternative methods to avoid, remedy or mitigate sediment run-off can be found in:

1. (a) vegetation clearance*, land disturbance* or cultivation* pursuant to s9(2) RMA
2. (b) forestry* pursuant to s9(2) RMA that does not meet condition^, standard or term of Rule 13-3(b)(iii) or (e)
3. (c) the drilling, construction or alteration of any bore* pursuant to s9(2) RMA
4. (d) activities restricted by s13(1) or s13(2) RMA in the beds^ of rivers^ or lakes^
5. (e) the taking, using, damming or diverting of water^ pursuant to s14(2) RMA
6. (f) discharge^ of water^ or contaminants^ into water^ or onto or into land^ pursuant to s15(1) or s15(2A) RMA.

This rule does not apply to activities described in paragraphs (a) to (f) where they are carried out for the purposes of protecting or enhancing the habitat, including the control of pest animals and pest plants.