River and lake beds

13 Restriction on certain uses of beds of lakes and rivers

(1)

No person may, in relation to the bed of any lake or river,—

(a)

use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or

(b)

excavate, drill, tunnel, or otherwise disturb the bed; or

(c)

introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or

(d)

deposit any substance in, on, or under the bed; or

(e)

reclaim or drain the bed—

unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

(2)

No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—

(a)

is expressly allowed by a resource consent; or

(b)

is an activity allowed by section 20A.

(2A)

The activities are—

(a)

to enter onto or pass across the bed of a lake or river:

(b)

to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(c)

to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(d)

to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.

(3)

This section does not apply to any use of land in the coastal marine area.

(4)

Nothing in this section limits section 9.

Section 13 heading: amended, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 13(1): replaced, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 13(1): amended, on 1 October 2009, by section 13(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 13(2): replaced, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 13(2A): inserted, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).