Rule 47 Culverts, weirs, fords, and bridges in rivers and streams

The placement and use of any river crossing [of a width necessary for the crossing, excluding any river crossing that dams a river], which is a culvert, weir, ford, or bridge across any river or stream, which is not a permitted activity, including any associated:

• disturbance of river bed; or
• deposition on the river bed; or
• diversion of water:

(1) which is in, on, or under any river bed except the beds (but excluding their tributaries unless otherwise stated) of:

Abbots Creek;
Atiwhakatu Stream;
Awhea River;
Catchpool Stream;
Cross Creek;
Dry River;
Huangarua River;
Hutt River and the following tributaries: the Pakuratahi, the Mangaroa, the Akatarawa, and the Whakatikei Rivers;
Kaipatangata Stream;
Kaiwhata Stream;
Kiriwhakapapa Stream;
Kopuaranga River;
Makahakaha River;
Mangaone Stream;
Mangatarere Stream;
Mataikona River;
Mikimiki Stream;
Opouawe River;
Otaki River;
Owhanga Stream;
Pahaoa River;
Pigeon Bush Stream;
Porirua Stream;
Ruamahanga River;
Tauherenikau River;
Waikanae River;
Waimanu Stream;
Waimeha Stream;
Waingawa River;
Wainuiomata River;
Waiohine River;
Waipoua River;
Waitohu Stream;
Waiwhetu Stream;
Whangaehu River ;
Whangaehu Valley Road;
Whareama River;
Taueru River;
Tauanui River;
Turanganui River; and

(2) which disturbs less than 20 cubic metres of sand, shingle, gravel, or other natural river or lake bed material; and

(3) which does not include the reclamation, infilling and deposition of fill in the river or stream for landfilling purposes or for disposing of excess construction material;

is a controlled activity, provided that it complies with the standards and terms specified below.

Standards

(1) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to water from equipment being used for the operation, and no refuelling of equipment shall take place on any area of river or lake bed.

(2) Any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.

(3) In any part of the river or lake bed covered by water in any water body identified in Policy 4.2.14 (Appendix 4 - Water bodies with important trout habitat (click here for a pdf Important Trout Habitat (146k))), the activity shall not take place between 31 May and 31 August.

(4) Fish passage shall not be impeded once the culvert is operational.

Terms

(1) The consent holder shall notify either the Manager, Consents Management, Wellington, or the Manager, Planning and Resources, Wairarapa, at least two working days before any work commences.

(2) A charge, set in accordance with section 36(2) of the Act, shall be paid to the Wellington Regional Council for carrying out its functions in relation to the administration, monitoring, and supervision of the activity, and for carrying out its functions under section 35 (duty to gather information, monitor and keep records) of the Act.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the taking and supplying of samples; and

(3) the carrying out of measurements, samples, analyses, surveys, investigations, or inspections; and

(4) the provision of information to the consent authority at specified times; and

(5) compliance with monitoring, sampling and analysis conditions at the consent holder's expense; and

(6) the payment of administration charges; and

(7) any measures necessary to avoid, remedy, or mitigate any adverse effects caused by the:

• disturbance to any river or lake bed; and
• deposition on any river or lake bed; and
• diversion of water; and

(8) maintenance of the structure; and

(9) the diameter and length of the culvert; and

(10) any measures necessary to avoid, remedy, or mitigate any adverse effects during the construction of the structure; and

(11) any measures required to avoid, remedy, or mitigate any adverse effects on flood or erosion hazard.

In Rule 47, the words in square brackets were substituted for the original wording by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002