2. Mangatawa catchment consents for earthworks, storm water ...

1. Not permitted by a rule in this regional plan, and
2. Not restricted discretionary status under a rule in this regional plan, and
3. Not prohibited by Rule 49,
Is a discretionary activity.
Explanation/Intent of Rule
To allow Environment Bay of Plenty to assess any damming or diversion activity that will have
greater than minor adverse effects on the environment, on a case by case basis through the
resource consent process.
Assessment Criteria
When assessing resource consent applications under this rule, Environment Bay of Plenty will have
particular regard to, but not be limited to, the following provisions as appropriate to the source of the
proposed water take:
Objective 4, 5, 6, 8, 42, 47, 55, 73, 75
Policy 5, 11, 14, 15, 17, 18, 19, 20, 21, 65, 81, 83, 84, 100, 133, 134
Method 13, 17, 18, 20, 21, 56, 60
1.4 Activities in the beds of rivers streams and lakes
The Mangatawa Drain is considered to be a “Land Drainage Canal” or a “modified water course” as
defined by the RWLP Dec 2002, Definition of Terms, Pg 436.
Land Drainage Canal – a modified watercourse that is part of a land drainage scheme.
For the purposes of this regional plan the term ‘Land Drainage Canal’ is limited to the following,
(g) ….. Bruce R/SH2, Mangatawa-SH2, Railway, Farmlands;
However as these works will include new capital works, Rule 71 applies and the works are
Discretionary.
Rule 71 Discretionary – Activity in the Beds of Streams, Rivers and Lakes
Unless provided for by another rule in this regional plan, the:
1. Use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any
structure or part of any structure in, on, under, or over the bed of a stream, river or lake,
2. Excavation, drilling, tunnelling or other disturbances to the bed of a stream, river or lake,
3. Introduction of planting of any plant or any part of any plant in, on, or under the bed of a stream,
river or lake,
4. Disturbance, removal, damage or destruction of any plant or any part of any plant in, on, or
under the bed of a stream, river or lake,
5. Deposition of any substance in, on, or under the bed of a stream, river or lake,
Beca // 22 December 2008 // Page 4
// NZ1-1349440-2 0.2