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
18-34 Discharges^ into water^ from ships^, boats, fire-fighting and oil* spills

Any discharge^ (excluding sewage) into the CMA pursuant to s15 RMA:

  1. ancillary to the normal operation1 of a ship^ or boat; or
  2. for the purposes of fire-fighting or training for fire-fighting; or
  3. for the purposes of managing an oil* spill.
Permitted
  1. There must be no discharge^ of non-biodegradable matter.
  2. Any substance used as an oil* dispersant must be approved in accordance with the Marine Protection Rules Part 132: Dispersants and Demulsifiers (1998).
 
18-35 Discharges^ of stormwater The discharge^ of stormwater into the CMA, pursuant to s15 RMA. Permitted
  1. The discharge^ must not contain any sewage.
  2. The discharge^ must not include stormwater from any:
    1. industrial or trade premises^ where hazardous substances* are stored or used,
    2. contaminated land^,
    3. operating quarry or mineral extraction site*, unless there is an interceptor system* in place.
  3. For discharges^ that include stormwater from any industrial or trade premises^, or from land^ zoned as industrial, commercial or residential, the catchment area of the discharge^ must not exceed 2 ha.
  4. The activity must not cause erosion of any bank or foreshore^ beyond the point of discharge^, unless this is not practicably avoidable, in which case any erosion that occurs as a result of the discharge^ must be remedied as soon as practicable.
  5. For discharges^ of stormwater into the CMA the discharge^ must not cause, after reasonable mixing, any of the following effects^ in the receiving water^:
    1. the production of conspicuous oil* or grease films, scums or foams, or floatable or suspended materials;
    2. any conspicuous change in the colour or visual clarity of the receiving water^;
    3. any emission of objectionable odour;
    4. toxicity to marine ecosystems.
  6. The discharge^ must not be to any historic heritage^ identified in the Regional Coastal Plan.
 
18-36 Discharges^ of stormwater not complying with Rule 18-35 The discharge^ of stormwater into the CMA, pursuant to s15 RMA, that:
  1. does not comply with Rule 18-35; or
  2. is lawfully in existence at the time this rule^ comes into effect, but does not comply with Rule 18-35.
Controlled
  1. The discharge^ must not include sewage.
  2. The discharge^ must not include stormwater from any:
    1. industrial or trade premises^ where hazardous substances* are stored or used,
    2. contaminated land^,
    3. operating quarry or mineral extraction site*, unless there is an interceptor system* in place.
  3. The discharge^ must not be toxic to marine ecosystems after reasonable mixing.

Control is reserved over:

  1. measures to control flooding and erosion.
  2. contaminant^ concentrations and loading rates.
  3. measures required to comply with s107(1) RMA.
  4. measures required to comply with the water^ quality targets for the relevant Water Management Zone* or Subzone*.
  5. odour management.
  6. stormwater system maintenance requirements .
  7. contingency requirements.
  8. monitoring and information requirements.
  9. duration of consent.
  10. review of consent conditions^.
18-37 Discharges^ of dye and salt tracers The discharge^ of dye and salt tracer material into the CMA, pursuant to s15 RMA, excluding radioisotope tracers. Permitted
  1. The dye or salt tracer material discharged must not exceed 20 l of dye in solution, 10 kg of salt, or 100 l of salt solution.
  2. The Regional Council must be notified in writing of the proposed discharge^ at least 24 hours prior to the discharge^. Such notification must include:
    1. the name and contact details of the person responsible for the discharge^.
    2. the purpose and nature of the discharge^.
    3. the nature of the tracer including its type, colour, and product name and description.
    4. the location, timing and duration of the discharge^.
  3. The dye or salt tracer must not be a hazardous substance* in terms of the Hazardous Substances and New Organisms Act 1996.
 
18-38 Application of agrichemicals* The discharge^ of agrichemicals* into air, onto land^, or into water^, in the CMA, pursuant to s15 RMA. Permitted
  1. The target species must be identified as a pest plant or pest animal in the Regional Council’s Regional Pest Plant Management Strategy or the Council’s Regional Pest Animal Management Strategy.
  2. The discharge^ must not contravene any requirement specified in the agrichemical* manufacturer’s instructions.
  3. The discharge^ must be undertaken in accordance with all mandatory requirements set out in NZS 8409:2004 Management of Agrichemicals.
  4. There must be no measurable adverse effect^ on non-target species.
  5. Where the discharge^ is into water^ for the purpose of eradicating, modifying or controlling unwanted marine plants:
    1. only agrichemicals* approved for aquatic use can be used.
    2. the application must not exceed the quantity or concentration required for that purpose.
  6. The discharge^ must not include dumping^ of agrichemical* waste* or surplus product to water^.
  7. The discharger must notify the Regional Council five working days prior to application.
 
18-39 Application of agrichemicals* not complying with Rule 18-38 The discharge^ of agrichemicals* into air, onto land^, or into water^, in the CMA, pursuant to s15 RMA, that does not comply with Rule 18-38. Controlled
  1. The discharge^ must not contravene any requirement specified in the agrichemical* manufacturer’s instructions.
  2. The discharge^ must be undertaken in accordance with all mandatory requirements set out in NZS 8409:2004 Management of Agrichemicals.
  3. There must be no measurable adverse effect^ on non-target species.
  4. Where the discharge^ is into water^ for the purpose of eradicating, modifying or controlling unwanted marine plants:
    1. only agrichemicals* approved for aquatic use can be used.
    2. the application must not exceed the quantity or concentration required for that purpose.
    3. the discharge^ must not include dumping^ of agrichemical* waste* or surplus product to water^.

Control is reserved over:

  1. qualification required of persons carrying out the activity.
  2. method, rate and timing of application.
  3. the provision of information to the public.
  4. duration, fees and charges, reviews, monitoring.
18-40 Sewage and s107(2) RMA discharges^

Pursuant to Schedule 1 NZCPS 1994:

  1. any discharge^ of human sewage which has not passed through soil or wetland^, and which is not otherwise provided for by the Resource Management (Marine Pollution) Regulations 1998 and Amendment Regulations 2002; or
  2. any discharge^ for which the discharger wishes to rely on exceptional circumstances to justify the granting of consent under s107(2)(a) RMA; and


which is not otherwise prohibited by Rule 18-41 of this chapter.

Discretionary    
18-41 Dumping^ of hazardous substances* The dumping^ or disposal of any hazardous substances* in the CMA, not otherwise controlled by the Resource Management (Marine Pollution) Regulations 1998 and Amendment Regulations 2002, or otherwise provided for by Rule 18-38. Prohibited    

   Normal operation - for the purpose of this rule^ "normal operation" includes ship^ propulsion, cooling water, washdown
     water from cleaning and bilge water containing less than 15 ppm of oil*. In the context of this rule^ any discharge^ or
     contaminants^ resulting from hull cleaning or anti fouling or painting of vessels must be collected and removed from the
     coastal marine area^.


Rule Guide:

  1. Discharges under s15 RMA that are specifically covered by a rule above, or do not comply with the permitted or controlled rules and are not otherwise prohibited are discretionary under General Rule 18-44.
  2. Refer also to rules under Sections 18.3 (Structures) and 18.5 (Disturbances, Removal and Deposition) which permit some discharges associated with other minor activities.
  3. Refer to ss15A, 15B and 15C of the RMA and the Resource Management (Marine Pollution) Regulations 1998 and Amendment Regulations 2002, for full details and consent status and controls relating to:
    1. dumping of waste or other matter from any ship, aircraft or offshore installation, prohibited except for the following matters which are deemed to be discretionary: dredge material, sewage sludge, fish processing waste from an onshore facility, ships and platforms or other man-made structures at sea, inert organic geological material, organic materials of natural origins, bulky items consisting mainly of iron, steel and concrete.
    2. incineration of waste (prohibited).
    3. substances to avoid, remedy, or mitigate an oil* spill (permitted subject to the Maritime Transport Act 1994).
    4. discharge of oil from ship or offshore platforms (permitted).
    5. discharge of noxious liquid substances from a ship (permitted).
    6. discharge of sewage from any ship or offshore installation (prohibited within 500 m of MHWS, or within 500 m of a marine farm, or within 200 m of a marine reserve, or within 500 m of a maataitai reserve).
    7. discharge of plastics, dunnage, lining and packaging materials from any ship (prohibited).
    8. discharge of garbage from a ship (permitted subject to conditions).
    9. discharge of garbage from an offshore installation (prohibited).
    10. discharge of ballast water from any ship or offshore installation (permitted subject to any requirements of the Biosecurity Act 1993).
    11. discharges as a part of normal operations of ships (permitted).
    12. store or dump radioactive wastes (prohibited).