Resource Management (National Environmental Standards for Freshwater) Regulations 2020

62 Requirement for all activities: information about structures and passage of fish

(1)

This regulation applies to any activity that—

(a)

is the placement, alteration, extension, or reconstruction of any of the following structures in, on, over, or under the bed of any river or connected area:

(i)

a culvert:

(ii)

a weir:

(iii)

a flap gate (whether passive or non-passive):

(iv)

a dam:

(v)

a ford; and

(b)

is a permitted activity, or a class of activity that requires a resource consent, whether under this subpart or otherwise.

(2)

The information specified in this regulation must be collected and provided to the relevant regional council, together with the time and date of its collection, within 20 working days after the activity is finished,—

(a)

for a permitted activity; or

(b)

as a condition of a resource consent granted for the activity, for another class of activity.

(3)

The information is—

(a)

the type of structure:

(b)

the geographical co-ordinates of the structure:

(c)

the flow of the river or connected area (whether none, low, normal, or high):

(d)

whether the water is tidal at the structure’s location:

(e)

at the structure’s location,—

(i)

the width of the river or connected area at the water’s surface; and

(ii)

the width of the bed of the river or connected area:

(f)

whether there are improvements to the structure to mitigate any effects the structure may have on the passage of fish:

(g)

whether the structure protects particular species, or prevents access by particular species to protect other species:

(h)

the likelihood that the structure will impede the passage of fish:

(i)

visual evidence (for example, photographs) that shows both ends of the structure, viewed upstream and downstream.