4.2.16 Channel Training Structures*
126.96.36.199 Controlled Activity Rule – Channel Training Structures
- Unless controlled by Rule 188.8.131.52 the use, erection, reconstruction, placement, alteration or extension of any channel training structure, and associated bed disturbance, in or on the bed of a river within drainage districts and river control scheme areas that is carried out by, or under contract to, Waikato Regional Council or a territorial authority in exercising its responsibilities under the Soil Conservation and Rivers Control Act 1941, the Land Drainage Act 1908 or the Local Government Act 1974, and
- Any discharge of sediment associated with construction activities; and
- The associated deposition of construction materials are controlled activities subject to the following standards and terms:
- The structure shall provide for the safe passage of fish both upstream and downstream.
- All equipment and surplus construction materials shall be removed from the river or lake bed and the floodplain on the completion of that activity.
- 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.
- The structure shall be anchored to the bed and/or bank of the river.
- The structure and floodway shall, in the immediate vicinity, be maintained clear of obstructions.
- The structure shall be maintained in a structurally sound condition at all times.
- 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.
- 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 use, erection, reconstruction, placement, extension or alteration, 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.
- Any erosion occurring as a result of the structure shall be remedied as soon as practicable.
- The structure shall not be located in a water body identified as a Natural State water body in the Water Management Class Maps of this Plan.
- This rule shall not apply to activities located in, on, under or over the bed of a river or lake that is a Significant Geothermal Feature.
Waikato Regional Council reserves control over the following matters:
- Measures to control the effect of the activity on the natural character of river and lake beds.
- Measures to prevent damage to riparian vegetation or soil.
- The design, location and size of the structure.
- The potential effects on bed and bank stability and water quality.
- Measures to control the effect of the activity on upstream or downstream properties.
- Measures to control the effect of the activity on any lawfully established structures.
- Effects on any waahi tapu or other taonga from the activity.
- 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.
- 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.
- Measures to control suspended solids discharges.
- Measures to ensure consistency with criteria as set out in any applicable Water Management Classes.
- Measures to control the effect of the activity on the loss of backwater and marginal habitat.
- The use, erection, reconstruction, placement, alteration or extension of any channel training structure in or on the bed of a river that does not comply with Rule 184.108.40.206 is a discretionary activity in accordance with Rule 220.127.116.11.
- Waikato Regional Council staff are able to provide information on the location and boundaries of drainage districts and river control scheme areas within the Region.
- Information requirements to enable the assessment of any application under this Rule are set out in Section 18.104.22.168. In addition, assessment shall also take into account the matters identified in Policy 2 of Section 4.2.3.
- 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 22.214.171.124 of this Plan.
- The imposition of consent conditions under matters vii), viii) and ix) 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.
- Where a structure or activity is to be located in, on, under or over the bed of a water body that is Significant Geothermal Feature, Rules 126.96.36.199 to 188.8.131.52 shall apply. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.
Explanation and Principal Reasons for Adopting Method 184.108.40.206
Waikato Regional Council has statutory responsibilities in relation to rivers and drains as set out in the Soil Conservation and Rivers Control Act 1941, the Land Drainage Act 1908, and the Local Government Act 1974. Nothing in these Acts derogates from the provisions of RMA.
Waikato Regional Council’s river control and drainage works have been provided for as permitted activities under the Transitional Regional Plan and s418 of the RMA. Many of these works are routine and occur on a daytoday basis. These works perform a service to rural and urban communities and there is a large degree of public acceptance of them. A channel training structure is built in order to maintain the bed of a river in a particular location or at a particular width. The placement of channel training structures within drainage districts and river control scheme areas is carefully planned and undertaken in accordance with publicly endorsed scheme design standards and good management practices. However, channel training structures have the potential to have significant adverse effects. A controlled activity consent is required to ensure that such structures are erected, reconstructed, placed or extended in a manner that avoids, remedies or mitigates significant adverse effects.