REG : WATER CONSERVATION (KAWARAU) ORDER 1997 TYPE : Explanatory Note YEAR : 1997 COMDATE : 17-APR-1997 TEXT : EXPLANATORY NOTE This note is not part of the order, but is intended to indicate its general effect. This order, which comes into force on the 28th day after the date of its notification in the Gazette, declares--- (a) The waters described in Schedule 1 (the waters in the upper reaches of the Dart River and some of its tributaries, parts of the Route Burn, the upper reaches of the Rees River and some of its tributaries, the upper reaches of the Greenstone and Caples Rivers, Lochnagar and Lake Creek, and the Nevis wetland) are to be preserved as far as possible in their natural state because of the outstanding amenity and intrinsic values of the waters: (b) The characteristics of the waters described in Schedule 2 (the waters in parts of the Kawarau River, Nevis River, Shotover River, lower reaches of the Dart River and Rees River, Diamond Lake, Diamond Creek, Reid Lake, Lake Wakatipu, and parts of the Lochy and Von Rivers) are to be protected because of the outstanding intrinsic and amenity values specified in that Schedule. The order specifies how the waters are to be preserved or protected. The order also specifies the limitations of the protection or preservation. ------ Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 20 March 1997. This order is administered in the Ministry for the Environment. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : : Waters to be Protected TYPE : Schedule YEAR : 1997 COMDATE : 17-APR-1997 TEXT : SCHEDULE 2 Cl. 2 Waters to be Protected All map references NZMS 1 --------------------------------------------------------------------------------------------------------------------------------- Waters | Outstanding Characteristics | Restrictions and Prohibitions ------------------------------------------+-------------------------------------------+------------------------------------------ Kawarau River mainstem from Scrubby | (c) wild and scenic characteristics; | (i) no damming allowed; Stream to Lake Wakatipu control gates | (c) natural characteristics, in | (ii) water quality to be managed to Class (S133:940715 to S132:615707) | particular the return flow in the | CR standard. | upper section when the Shotover River | | is in high flood; | | (d) scientific values, in particular the | | return flow in the upper section when | | the Shotover River is in high flood; | | (e) recreational purposes, in particular | | rafting, jetboating, and kayaking. | Nevis River mainstem gorge from Nevis | (c) wild characteristics; | (i) no damming allowed unless a rule in a Crossing to Kawarau River confluence | (e) recreational purposes, in particular | plan or condition in any water permit (S133:877677 to S133:847538) | fishing and kayaking. | granted makes provision for river | | flows to be provided at sufficient | | levels to enable kayaking to be | | undertaken in the gorge at times | | stated in the plan or permit, and the | | extent of any impounded water is not | | beyond S143:836485; | | (ii) fish passage to be maintained; | | (iii) water quality to be managed to | | Class CR, Class F, and Class FS | | standards. Nevis River mainstem above Nevis Crossing | (c) scenic characteristics; | (i) no damming allowed unless a rule in a to source (S133:847538 to S142:673213) | (e) recreational purposes, in particular | plan or condition in any water permit | fishing. | granted makes provision for river | | flows to be provided at sufficient | | levels to enable kayaking to be | | undertaken in the gorge at times | | stated in the plan or permit, and the | | extent of any impounded water is not | | beyond S143:836485; | | (ii) fish passage to be maintained; | | (iii) water quality to be managed to | | Class F and Class FS standards. Shotover River mainstem (at or about | (c) wild and scenic characteristics; | (i) no damming allowed; S132:645720 to S114:542262) | (c) natural characteristics, in | (ii) water quality to be managed to Class | particular the high natural sediment | CR standard. | load and active delta at confluence | | with Kawarau River; | | (d) scientific value, in particular the | | high natural sediment load and active | | delta at confluence with Kawarau | | River; | | (e) recreational purposes, in particular | | rafting, kayaking, and jetboating; | | (f) historical purposes, in particular | | goldmining. | Dart River mainstem from Lake Wakatipu to | (a) habitat for wildlife; | (i) no damming allowed; confluence with Beans Burn (at or about | (c) scenic characteristics; | (ii) braiding of water to be maintained. S122:291916 to | (c) natural characteristics, in | S113:226162) | particular natural turbidity; | | (d) scientific value, in particular | | natural turbidity; | | (g) significance in accordance with | | tikanga Maori, in particular sites at | | the mouth of the river. | Rees River mainstem from Lake Wakatipu to | (a) habitat for wildlife; | (i) no damming allowed; confluence with Hunter | (c) scenic characteristics; | (ii) braiding of water to be maintained. (at or about S123:301915 to | (g) significance in accordance with | S114:363204) | tikanga Maori, in particular sites at | | the mouth of the river. | | . | Diamond Lake, Diamond Creek, and Reid | (a) habitat for wildlife and quinnat | (i) no damming allowed; Lake (at or about S122:290050; | salmon; | (ii) fish passage to be maintained; S122:299036 to S123:305987) | (b) fishery. | (iii) water quality to be managed to | | Class F and Class FS standards. ------------------------------------------+-------------------------------------------+------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------- Waters | Outstanding Characteristics | Restrictions and Prohibitions ------------------------------------------+-------------------------------------------+------------------------------------------ Lake Wakatipu (from outlet at control | (b) fishery; | (i) fish passage to be maintained; gates (S132:615707) to confluences of | (c) scenic characteristics; | (ii) water quality to be managed to Class Dart River (at or about S122:291916) | (d) scientific value, in particular water | AE, Class CR, Class F, and Class FS and Rees River (at or about | clarity, and bryophyte community; | standards. S123:301915) and including whole lake) | (e) recreational purposes, in particular | | boating; | | (g) significance in accordance with | | tikanga Maori, in particular sites at | | the head of the lake, and the legend | | of the lake itself. | Lochy River mainstem (S132:592511 to | (b) fishery; | (i) fish passage to be maintained; S142:328409 and S142:307380) | (e) recreational purposes, in particular | (ii) water quality to be managed to Class | fishing. | F and Class FS standards. Von River mainstem (S132:353629 to | (b) fishery; | (i) fish passage to be maintained; S141:288380 and S131:216620) | (e) recreational purposes, in particular | (ii) water quality to be managed to Class | fishing. | F and Class FS standards. ------------------------------------------+-------------------------------------------+------------------------------------------ Key: Outstanding characteristics (S199 (2) (b) and (c) of Act): (a) as habitat for terrestrial or aquatic organisms: (b) as a fishery: (c) for its wild, scenic or other natural characteristics: (d) for scientific and ecological values: (e) for recreational purposes: (f) for historical purposes: (g) for significance in accordance with tikanga Maori. Restrictions and Prohibitions: References to Classes are Water Quality Classes as in the Third Schedule of the Act. MARIE SHROFF, Clerk of the Executive Council. ------ <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : SCHEDULE 1: Waters to be Preserved TYPE : Schedule YEAR : 1997 COMDATE : 17-APR-1997 TEXT : SCHEDULES ------ SCHEDULE 1 Cl. 2 Waters to be Preserved All map references NZMS 1 ------------------------------------------------------------------------ | Outstanding | amenity | and intrinsic Waters | values ------------------------------------------------------+----------------- Dart River mainstem above the Beans Burn confluence | a, b, c, e, f to source (S113:226162 to S114:465360): | All tributaries of the Dart River within the | a, b, c, e, f boundaries of the Mount Aspiring National Park, | excluding Route Burn, but including the sections of | the Rock Burn and Beans Burn within the boundary of | the Mount Aspiring National Park: | Parts of tributaries of the Dart River not within the | a, b, c, e, f Mount Aspiring National Park; Rock Burn | (S113:237131 to S113:234129); Beans Burn | (S113:226162 to S113:221170): | Route Burn from confluence with Dart River to source, | a, b, c, d, e, f and all its tributaries, including Left Branch and | North Branch (S122:245058 to S122:125093 and | S113:135145): | Rees River mainstem about Hunter Stream confluence to | a, b source (S114:363204 to S114:451273): | All tributaries of the Rees River within the | a, b boundaries of the Mount Aspiring National Park: | Greenstone River mainstem from Lake Wakatipu to | a, d, f source, including Lake McKellar and its tributaries | (S122:292812 to S122:112927 and S122:084929): | Caples River mainstem from Greenstone River | a, d, f confluence to source (S122:260812 to S122:128960 | and S122:135901): | Lochnagar and Lake Creek (at or about S114:490230; | f and S114:526193 to S114:503230): | Nevis wetland (all water bodies upstream of | f S143:768240 on a tributary of Roaring Lion Creek). | ------------------------------------------------------+----------------- Key: Amenity values: (a) Natural and physical qualities and characteristics that contribute to people's appreciation of pleasantness of waters: (b) Natural and physical qualities and characteristics that contribute to aesthetic coherence: (c) Natural and physical qualities and characteristics that contribute to cultural attributes: (d) Natural and physical qualities and characteristics that contribute to recreational attributes. Intrinsic values: (e) Biological and genetic diversity of ecosystems: (f) Essential characteristics that determine the ecosystem's integrity, form, functioning, and resilience. ------ <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Scope SECTNO : 10 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 10. Scope---Nothing in this order limits the effect of sections 14 (3) (b) and 14 (3) (e) of the Act relating to the use of water for an individual's reasonable domestic needs, the reasonable needs of an individual's animals for drinking water, and for fire-fighting purposes. ------ <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Lake Dunstan not affected SECTNO : 9 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 9. Lake Dunstan not affected---Nothing in this order affects the levels of Lake Dunstan or the operation of the Clyde power station. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Existing permits may be replaced SECTNO : 8 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 8. Existing permits may be replaced---The restrictions and prohibitions in clauses 3 (5) and 4 (5) and Schedule 2 do not limit the regional council's functions in respect of any part of the preserved or protected waters to replace any existing resource consent or grant any resource consent in substitution for an expiring resource consent if the new resource consent is granted on substantially the same terms and conditions as the existing or expiring resource consent. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Provisions for Nevis River SECTNO : 7 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 7. Provisions for Nevis River---The regional council may grant a resource consent or make a rule in a plan for hydro-electric development in respect of the Nevis River if that resource consent or rule complies with the restrictions and prohibitions set out in Schedule 2. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Further exemptions SECTNO : 6 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 6. Further exemptions---(1) This clause applies to--- (a) The Dart River mainstem from Lake Wakatipu to its confluence with the Beans Burn; and (b) The Rees River mainstem from Lake Wakatipu to its confluence with Hunter Stream. (2) The restrictions and prohibitions in clause 4 (5) and Schedule 2 do not limit the regional council's functions and powers to grant a resource consent or to make a rule for the waters referred to in subclause (1) for all or any of the following purposes: (a) The construction, maintenance, and protection of roads and bridges: (b) Any exercise of the powers of a Catchment Board under the Soil Conservation and Rivers Control Act 1941: (c) Any exercise of the powers of a River Board or local authority under the River Boards Act 1908: (d) Any exercise of the powers of a Land Drainage Board or local authority under the Land Drainage Act 1908. (3) The purposes in subclause (2) include--- (a) The undertaking of work necessary to prevent or control soil erosion and flooding affecting properties adjacent to the above water bodies including work in the riverbed such as (but not by way of limitation) the diversion of water and damming of water to construct river training works, groynes, and other flood protection works: (b) The maintenance of existing flood protection and erosion control works both in and adjacent to the above water bodies: (c) Action taken in accordance with section 330 of the Resource Management Act 1991 to carry out any of the works referred to in paragraphs (a) and (b). <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Exemptions SECTNO : 5 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 5. Exemptions---The restrictions and prohibitions in clauses 3 (5) and 4 (5) and Schedule 2 do not limit the regional council's functions or powers to grant a resource consent or to make a rule for any part of the preserved waters or protected waters for all or any of the following purposes: (a) Maintenance or protection of any network utility operation (as defined in section 166 of the Act) or any public or private road or any bridge: (b) Maintenance of soil conservation and river protection works: (c) Research into, protection of, enhancement of, or restoration of, values and characteristics for which the water bodies are being preserved or protected, as the case may be: (d) On the same or similar conditions for any lawful use of water being undertaken immediately before the date on which this order came into force. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Protection of characteristics SECTNO : 4 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 4. Protection of characteristics---(1) It is declared that the waters set out in Schedule 2 which are no longer in their natural state contain one or more amenity and intrinsic values which warrant protection because they are considered outstanding. (2) Because of the outstanding amenity and intrinsic values recognised in subclause (1), these outstanding values shall be sustained. (3) Because of the outstanding amenity and intrinsic values recognised in subclause (1), it is declared that the water bodies described in Schedule 2 contain one or more of the following outstanding characteristics, as set out in Schedule 2: (a) As a habitat for terrestrial and aquatic organisms: (b) As a fishery: (c) For its wild, scenic, and other natural characteristics: (d) For scientific values: (e) For recreational, or historical purposes: (f) For significance in accordance with tikanga Maori. (4) Because of the outstanding characteristics specified in subclause (3), the characteristics of the waters, as set out in Schedule 2, are protected. (5) Except as provided in this order the exercise by a regional council of its functions and powers under section 30 (1) (e) and (f) of the Act (as they relate to water) are restricted or prohibited as set out in Schedule 2. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Preservation in natural state SECTNO : 3 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 3. Preservation in natural state---(1) It is declared that the waters described in Schedule 1 contain one or more of the following outstanding amenity and intrinsic values which are afforded by waters in their natural state: (a) Natural and physical qualities and characteristics that contribute to--- (i) People's appreciation of pleasantness of waters: (ii) Aesthetic coherence: (iii) Cultural and recreational attributes: (b) Biological and genetic diversity of ecosystems: (c) Essential characteristics that determine the ecosystem's integrity, form, functioning, and resilience. (2) Because of the outstanding amenity and intrinsic values recognised in subclause (1), these outstanding values shall be sustained. (3) Because of the outstanding amenity and intrinsic values recognised in subclause (1), it is declared that the water bodies set out in Schedule 1 are outstanding in their natural state. (4) Because the water bodies set out in Schedule 1 are recognised to be outstanding in their natural state, they must be preserved as far as possible in their natural state. (5) Except as provided in clauses 5 and 6 of this order, the exercise by a regional council of its functions and powers under section 30 (1) (e) and (f) of the Act (as they relate to water) are restricted or prohibited so as to retain the preserved waters as far as possible in their natural state. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Interpretation SECTNO : 2 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : 2. Interpretation---In this order, unless the context otherwise requires,--- ``Act'' means the Resource Management Act 1991: ``Preserved waters'' means the waters set out in Schedule 1 of this order: ``Protected waters'' means the waters set out in Schedule 2 of this order. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 PART : ORDER: SECTI : Title and commencement SECTNO : 1 TYPE : Clause YEAR : 1997 COMDATE : 17-APR-1997 TEXT : ORDER 1. Title and commencement---(1) This order may be cited as the Water Conservation (Kawarau) Order 1997. (2) This order comes into force on the 28th day after the date of its notification in the Gazette. <<<>>> REG : WATER CONSERVATION (KAWARAU) ORDER 1997 TYPE : Introduction YEAR : 1997 COMDATE : 17-APR-1997 TEXT : WATER CONSERVATION (KAWARAU) ORDER 1997 ---- MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 17th day of March 1997 Present: His Excellency the Governor-General in Council PURSUANT to sections 214 of the Resource Management Act 1991, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order. ------ <<<>>>