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The Beds of Lakes and Rivers chapter (BED) in the proposed land and water plan manages works in, on, over or under the beds of lakes and rivers, including selected activities in the riparian margin.
26 September 2023:
The activities captured include:
The nature of works in the bed of lakes and rivers varies across the Otago region, as do the environments where those activities occur. The beds and margins of lakes and rivers in the region provide habitat for flora, fauna and valued mahika kai (food and resource gathering) and are an integral part of the natural character of the region.
This chapter does not manage damming and diversion in the bed, which is captured by the Damming and Diversion chapter.
If you currently hold a consent for undertaking works in the beds of rivers and/or lakes then you should continue to comply with this consent and its conditions. If you have any questions about your consent, please contact compliance@orc.govt.nz
Most works in the beds of lakes and rivers are one-off activities that are specific to a site. This means that if you are planning on undertaking works in the bed in the list above you will need to consider the existing Water Plan rules and the rules in the proposed land and water plan. You will need to meet both the permitted activity rules in the Water Plan and the proposed land and water plan to not need a consent.
If one or both of the permitted activity rules cannot be met, then a consent will be required.
April 2021
PDF | 210 KB
July 2021
PDF | 432 KB
Use this form for applications to erect, place, extend, alter, replace, reconstruct or demolish any structure in, on or over the bed of a waterbody e.g. bridges, culverts, boardwalks, pipes, cables, steps, buildings, fords, retaining walls, gabion baskets, jetties, planting etc.
February 2018
PDF | 115 KB
Use this form for significant gravel extraction applications such as those for commercial extraction purposes or for a term greater than 2 years.
February 2018
PDF | 104 KB
Use this form for small or one off gravel extraction applications such as those used for river management purposes (flood or erosion control) where a term of less than two years is sought.
The exceptions to this are permitted activity gravel extraction and suction dredge mining activities, which may have existing use rights.
The table below summarises what is to be considered and more details can be found on the existing use rights page.
If the gravel extraction and suction dredge mining activities were occurring at 31 October 2024, have not been discontinued for a period greater than 6 months, the effects do not change in character, intensity and scale and the activity remains within a property boundary then existing use rights might apply.
If you are unsure, please contact council on consent.enquiries@orc.govt.nz.
Activity |
Current rule |
Proposed new rules |
When the Land and Water Plan rules have to be considered |
Gravel take |
Chapter 13 rules (RPW)
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BED-R17-PER1
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If the activity is consented, then the person will not need to take any actions until consent expires. It is recommended that a replacement application is lodged 6 months before a consent expires. |
If the activity has existing use rights and does not meet the permitted criteria in the proposed land and water plan, then they will have until 6 months after the proposed new rules are operative to apply for a consent. |
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If it does not meet the existing use rights test, or permitted activity rule then you would need to apply for a consent. |
Term |
Definition |
Bed |
has the same meaning as in section 2 of the Resource Management Act 1991 (as set out in the box below)
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Nationally significant infrastructure
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to the extent applicable to the Otago region, has the same meaning as in clause 1.4(1) of the National Policy Statement for Urban Development 2020 (as set out in the box below)
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Regionally significant infrastructure
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has the same meaning as in PORPS 2021 (as set out in the box below)
(1) roads which provide a lifeline connection for a community OR roads classified as being of regional importance in accordance with the One Network Framework, (2) electricity sub-transmission infrastructure, (2A) significant electricity distribution infrastructure, (3) renewable electricity generation facilities that connect with the local distribution network but not including renewable electricity generation facilities designed and operated principally for supplying a single premise or facility, (4) telecommunication and radiocommunication networks, (5) public transport terminals and stations, (6) the following airports: Dunedin, Queenstown, Wānaka, Alexandra, Balclutha, Cromwell, Ōamaru, Taiari. (7) navigation infrastructure associated with airports and commercial ports which are nationally or regionally significant, (8) defence facilities for defence purposes in accordance with the Defence Act 1990, (8A) established community-scale irrigation and stockwater infrastructure, (9) community drinking water abstraction, supply treatment and distribution infrastructure that provides no fewer than 25 households with drinking water for not less than 90 days each calendar year, and community water supply abstraction, treatment and distribution infrastructure (excluding delivery systems or infrastructure primarily deployed for the delivery of water for irrigation of land or rural agricultural drinkingwater supplies) (10) community stormwater infrastructure, (11) wastewater and sewage collection, treatment and disposal infrastructure serving no fewer than 25 households, (11A) oil terminals, bulk fuel storage and supply infrastructure, and ancillary pipelines at Port Chalmers and Dunedin, and (12) Otago Regional Council’s hazard mitigation works including flood protection infrastructure and drainage schemes, (13) landfills and associated solid waste sorting and transfer facilities which are designated by, or are owned and operated by, a local authority, (14) ski area infrastructure, (15) any infrastructure identified as nationally significant infrastructure. |
Lawfully established structure:
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means established in accordance with and compliant with the Resource Management Act 1991 or any former legislation at the time of establishment. |
Riparian margin
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means a strip of land, usually of varying width, directly adjacent to a waterway and which contributes to the maintenance and enhancement of the natural functioning, quality and character of the waterway and its margins. |
Hard protection structure
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within the coastal environment, has the same meaning as in the Glossary of the New Zealand Coastal Policy Statement 2010 (as set out in the box below)
And outside the coastal environment, means any kind of structure which is specifically established for the purpose of natural hazard risk mitigation, including dams, weirs, stop banks, carriageways, groynes, reservoirs and rip rap. |
Desired fish species (in relation to fish passage)
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means a freshwater fish species that is: (a) listed in APP3 – Desired fish species in all rivers and receiving environments in rivers and receiving environments where they are expected to occur naturally (including those in APP4 – Rivers and receiving environments where desired fish species have been identified); or (b) endemic to Otago; or (c) endemic to New Zealand or indigenous to New Zealand, and Otago is within the natural range of the species; or (d) endemic to New Zealand or indigenous to New Zealand and Otago is within the expected range of the species; or (e) a sports fish in rivers and receiving environments where identified as a desired fish species in particular rivers and receiving environments in APP7 – Sports fish as desired fish species or undesirable fish species. |
Habitats of indigenous freshwater fish species
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Lifeline utility |
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Pest |
means an organism specified as a pest in a national pest management plan, or a regional pest management plan for Otago, prepared in accordance with the Biosecurity Act 1993. |
Pest Agent |
As defined in section 2 of the Biosecurity Act 1993: In relation to any pest, means an organism capable of –
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Unwanted organisms |
As defined in section 2 of the Biosecurity Act 1993: means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health; and (a) includes— (i) any new organism, if the Authority has declined approval to import that organism; and (ii) any organism specified in Schedule 2 of the Hazardous Substances and New Organisms Act 1996; but (b) does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996, unless— (i) the organism is an organism which has escaped from a containment facility; or (ii) a chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health.
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Organisms of interest |
means an organism identified as an organism of interest in a regional pest management plan or regional pathway management plan for Otago. |
Mātaitai |
means an area identified as a traditional fishing ground established under section 186 of the Fisheries Act and includes:
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Taiāpure |
means an area in estuarine or littoral coastal waters that is identified as a local fishery under section 175 of the Fisheries Act, and includes: (a) East Otago Taiāpure; and (b) any other area approved under section 175 of the Fisheries Act.
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Drinking water protection zone |
Means either:
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The table below provides a high-level comparison of the operative Water Plan provisions with those included in the draft BED chapter and highlights the key changes from the operative Water Plan
Key changes:
Permitted activity rules capture similar activities, but have been refined to capture all associated disturbance, discharge, deposition, and land use requirements so that users do not need to consult multiple parts of the plan.
Beds of Lakes and Rivers chapter of draft LWRP | Existing plan |
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Permitted activity criteria are similar to the Water Plan but have been simplified and aligned with other standard conditions in the LWRP. For example, conditions seek to ensure that:
Use of existing structures are permitted if:
If the activity does not comply with the above permitted activity conditions, a restricted discretionary activity will be required. ORC’s discretion will be restricted to the actual and potential environmental effects of not meeting the relevant conditions of the rule, the lapsing period and duration of the resource consent, review of the conditions of the resource consent, the need for a bond, and the collection, recording, monitoring, and provision of information about the exercise of the resource consent. Where possible, activities that are beneficial for water body health (for example sediment traps) will continue to be permitted if conditions are met. All suction dredge mining will require consent. No consent required for some bank reshaping (i.e., to repair flood damage). The new provision for bank reshaping makes it simpler to understand and provides greater clarity for how the activity should be completed. Stock crossing will be managed under the Stock Exclusion Regulations 2020. The person responsible must ensure that the stock are supervised and actively driven across the lake or wide river. This includes:
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The permitted activity rules are extensive, and provide a pathway for various types of activities in the beds of lakes and rivers, including:
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Key changes:
Activities that do not comply with permitted activity rules are generally classified as discretionary.
Beds of Lakes and Rivers chapter of draft LWRP |
Existing plan |
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Stronger policy guidance to inform decision-making on consent applications. This includes direction on:
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Most activities that do not comply with the permitted activity rules are classified as restricted discretionary. The matters of discretion are broad, and supporting policy direction is uncertain. |
Beds of Lakes and Rivers chapter of draft LWRP |
Existing plan |
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Key changes: Policy and rule pathways included that are specifically for flood protection and drainage infrastructure works undertaken by or on behalf of Council. Use and some maintenance of flood protection and drainage infrastructure works undertaken by persons other than Council is permitted (subject to similar conditions as outlined above for activities in beds). Any alteration, placement or replacement of flood protection and drainage infrastructure by or on behalf of Council requires consent. |
No specific policy or rule direction for flood protection and drainage infrastructure works undertaken by or on behalf of ORC, so captured under general rule framework. Many works require consent. |
Key changes:
Reduced volume for permitted gravel extractions to 5 cubic metres in all rivers and lakes.
Discretionary consent required for all other extractions.
Beds of Lakes and Rivers chapter of draft LWRP |
Existing plan |
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Clear policy direction on managing gravel extraction requiring:
Policy signalling development of catchment specific guidance and a Code of Practice which will describe good management practices for gravel extraction. This direction will be implemented by way of a future change to the Land and Water Regional Plan. |
The permitted activity rule is very permissive and enables substantial gravel extraction for all rivers up to a volume of 20 cubic metres with no evidential basis for the volumes allowed. Limited policy direction to inform decision-making on consent applications for gravel extraction.
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