Chapter 17: Activities in Artificial Watercourses, Beds of Rivers and Lakes, and Damming

17.5 Rules - Use, Maintenance*, Upgrade*, Removal and Demolition of Structures

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The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules.  One Plan users must refer to the Regulations and they should be read in conjunction with the following rules.  Where there is conflict between the provisions of the Regulations and any of the following rules, the more stringent provision will apply.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
17-4 Use of structures^

The use of a structure^ located in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA, and any ancillary:

  1. damming or diversion of water^ pursuant to s14(2) RMA, excluding the damming of water^ associated with dam structures^ (which is regulated by the rules^ in Section 17.6)
  2. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA.

Advice Note: For the avoidance of doubt, this rule^ includes the “use” of a dam structure^, but excludes the damming of water^ by a dam structure^ (under s14(2) RMA).

 Permitted    
17-5 Maintenance* and upgrade* of structures^, and ancillary removal of bed^ material and plants
  1. Structures^ - The maintenance* or upgrade* of a structure^ located in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA, and any ancillary:
    1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed^ pursuant to s13(1) RMA
    2. damming or diversion of water^ pursuant to s14(2) RMA
    3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
    4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
  2. Ancillary removal of bed^ material and plants - The removal or other disturbance of bed^ material pursuant to s13(1) or the disturbance, removal, damage, or destruction of plants pursuant to s13(2) RMA for the purpose of maintaining the functional integrity of a structure^ located in, on, under or over the bed^ of a river^ or lake^, including flushing accumulated bed^ material, and any ancillary:
    1. damming or diversion of water^ pursuant to s14(2) RMA
    2. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
    3. deposition of removed bed^ material or plants in or on the bed^ pursuant to s13(1) RMA
    4. discharge^ of removed bed^ material or plants into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
    5. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
 Permitted
  1. The activity must comply with the general conditions^ listed in Section 17.3.
  2. Any discharge^ of removed bed^ material or plants onto or into land^ must comply with the conditions^ of Rule 14-27, except for condition 14-27(c)(ii) and condition 14-27(b) with regard to cleanfill material*.
  
17-6 Removal and demolition of structures^

Except as regulated by Rule 17-15, the removal or demolition of a structure^ located in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA, and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed^ pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
 Permitted
  1. The activity must comply with the general conditions^ listed in Section 17.3.
  2. The Regional Council must be informed in writing of the removal or demolition of any of the following structures^, at least 10 working days^ prior to the commencement of the removal or demolition:
    1. access structures^ in or on the bed^ of a river^ or lake^, including bridges (other than temporary bridges for military training purposes), culverts and fords, where the catchment above the structure^ is greater than 50 ha
    2. structures^ occupying more than 5 m2 of the bed^ of a river^ or lake^
    3. any device for the purpose of monitoring or recording river^ levels or quality.
  3. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*.
  

Rule Guide:

 

Use, maintenance* and upgrade* - The rules above permit the ongoing use, maintenance* and upgrade* of structures once they are established (subject to conditions in the case of maintenance* and upgrade* activities). For structures requiring a consent to be established, this means that consents can be granted for a short duration. The rules are intended to avoid the need for resource users to hold long-term consents enabling the use or upkeep of structures once they are established.

The discharge of contaminants into water or into or onto land, other than contaminants specifically identified in the rules, is regulated by the rules in Chapter 14.

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