Proposed changes to rules and regulations

About the draft material

The draft Plan for Otago is made up of proposed rules, regulations and policies for different activities, also known as 'chapters'. Please note the material on this web page about the new Land and Water Regional Plan (LWRP) has the status of draft.

The draft Plan is still being written and is yet to be completed and formally notified as the ‘proposed’ LWRP. The ‘proposed’ Plan will be available late 2024 when it is scheduled for ‘public notification’. On this web page, you will find information about the proposed rules and regulations that we are considering. We have received public feedback that let us know if people thought we were heading in the right direction before the ‘proposed’ LWRP is publicly notified.

The proposed new rules are designed to protect waterways for future generations.

If you are unsure of any particular terms in the below summaries, there is a glossary of terms.

Region-wide proposed new rules and regulations

The following proposed new rules and regulations for waterways would apply region-wide.

Click or tap on each section heading to expand and see the content.

Recent content updates:

26 September 2023:
- Added restricted discretionary criteria for use of existing structures that do not meet the permitted activity conditions
- Clarified how the Stock Exclusion Regulations 2020 apply to stock crossings.

The Beds of Lakes and Rivers chapter manages all works in, on, over or under the beds of lakes and rivers, including selected activities in the riparian margin (the strip of land that runs alongside a waterway). The activities captured include:

Use, maintenance, alteration or placement of flood protection and drainage infrastructure works
Use, maintenance, alteration, placement, and removal of structures in the bed
Bank reinstatement and reshaping of banks
Construction and maintenance of sediment traps
Reclamation, realignment, widening or deepening
Planting and removal of vegetation
Extraction of gravel
Other disturbances

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.

Overview and key changes

The table below provides a high-level comparison of the operative Water Plan provisions with those included in the draft Beds of Lakes and Rivers chapter and highlights the key changes from the operative Water Plan.

Beds of Lakes and Rivers chapter of draft LWRP	Existing plan
Permitted activity framework
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. 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: Activities do not cause erosion of the bed or banks Discharges comply with visual clarity standards after reasonable mixing No lawful water takes are adversely affected Sites are left in a tidy condition The roosting or nesting of indigenous birds is not disturbed Structures are not located within drinking water protection zones, habitats of threatened species, or outstanding water bodies (for some structures) and don’t interfere with existing navigation or legal public access There is no fuel storage or placement of hazardous substances on the bed If an archaeological site is unearthed, the accidental discovery protocol is applied There is no spread of pests. Use of existing structures are permitted if: They are lawfully established They are actively used If a change in use of the structure occurs, the effects of the new use are the same or similar in character, intensity, and scale as the preceding use They are maintained in a state of good repair They are not identified in an action plan as requiring remediation to provide for fish passage Any build-up of debris against the structure which may adversely affect flood risk, drainage capacity or bed or bank stability is removed as soon as practicable. 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: not allowing stock closer than three meters from the edge of the bed of the lake or wide river unless the stock need to access the area to enter or exit a dedicated bridge or culvert. ensuring stock do not cross the same lake or wide river more than twice in any month.	The permitted activity rules are extensive, and provide a pathway for various types of activities in the beds of lakes and rivers, including: Use of structures Placement of small structures (e.g., lines, pipes, cables, fences), bridges and crossings Repair, maintenance, alteration, replacement, or reconstruction of structures Removal of structures Disturbance, discharge, and deposition associated with structures Bank reinstatement Vegetation planting and removal Sediment traps Gravel extraction Suction dredge mining Stock crossing.
General consenting requirements
Key changes: Activities that do not comply with permitted activity rules are generally classified as discretionary. Stronger policy guidance to inform decision-making on consent applications. This includes direction on: Recognising the value of structures and works in the bed where they provide for social and cultural well-being Providing for the disturbance of the bed of a lake or river in particular situations (e.g., where an activity maintains or enhances water quality, avoids works in water and discharges of sediment where practicable, avoids adverse effects on the health and well-being of water bodies and indigenous ecosystems, and avoids adverse effects on the integrity of nationally and regionally significant infrastructure and other lawfully established structures) Providing for the use, maintenance, alteration, replacement, and placement of structures in, on, under or over the bed of a lake or river in particular situations Matters to consider for resource consent applications for works in the bed of a lake or river or in a riparian margin Providing for flood protection and drainage infrastructure works where they maintain the integrity and function of existing flood protection and drainage infrastructure, maintain, or improve the flow carrying capacity of the river and do not induce erosion, unless this is intended for flood management purposes Matters to consider for resource consent applications for flood protection and drainage infrastructure works Avoiding the replacement or placement of hard protection structures in the bed of a lake or river unless they are for the purpose of maintaining or reducing the level of risk to people or communities, there are no other reasonable alternatives, and the placement would not result in an increase in risk to people and communities Encouraging works in the bed that provide for the restoration of lake or river extent and value Providing for the removal or planting of vegetation in particular situations Matters related to the maintenance of drains and modified water bodies Encouraging engagement with ORC prior to lodgment of any resource consent application to extract gravel and setting out the situations where extraction is provided for Improving the long-term management of Otago’s gravel resources Managing recovery from natural hazards Promoting activities that reduce the risk of exposure to natural hazards.	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.
Flood protection and drainage infrastructure works
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.
Gravel extraction
Key changes: Reduced volume for permitted gravel extractions to 5 cubic metres in all rivers and lakes. Discretionary consent required for all other extractions. Clear policy direction on managing gravel extraction requiring: Extraction is not in areas where there is a deficit of gravel or where the activity may cause a deficit, and within a habitat of a threatened species The rate of extraction does not exceed the rate of gravel recharge, except where stored gravel is available for extraction Extraction does not cause or exacerbate erosion or instability and maintains or improves flood carrying capacity There is no processing of gravel in the bed The volume, extent and duration of the extraction is sustainable taking into account several factors Either the extraction is for the purpose of protecting or maintaining nationally or regionally significant infrastructure and local transport infrastructure that is in the bed and that there are no other reasonable alternatives to protect or maintain the nationally or regionally significant infrastructure or local transport infrastructure, or for flood hazard mitigation and it is undertaken by or on behalf of ORC exercising its powers under legislation in relation to flood control, or the application demonstrates the functional need and operational need for the extraction and that there are no other practical alternatives. 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.

Damming and diversion manages dams, weirs, and diversions, including activities associated with their placement, maintenance, and removal. The activities captured include:

Damming and diversion of water
Placement, use, maintenance and removal of dams and weirs in the beds of lakes and rivers
Disturbance of the beds of lakes and rivers associated with dams and weirs
Discharge of water and contaminants associated with dams and weirs

Damming occurs throughout Otago for a range of purposes (such as providing drinking water, generating hydro-electric power, harvesting, and storing water, irrigation and treating stormwater). Dams in the region vary in size and age, and are in rivers, lakes, and wetlands (in-stream) and outside of these water bodies (off-stream). Weirs are also used to raise the level of water upstream or regulate its flow, and the diversion of water occurs in the region and involves redirecting the flow of water.

Overview and key changes

The table below provides a high-level comparison of the provisions of the operative Water Plan provisions with those included in the draft Damming and Diversion chapter and highlights the key changes from the operative Water Plan.

Damming and Diversion chapter of draft LWRP	Existing plan
Damming
Key changes: New definitions for different types of damming structures and activities that are aligned with national direction and the Building Act 2004. Separate rules for off-stream and in-stream dams and weirs. Separate rules for temporary and longer-term damming. Off-stream dams are permitted if: they are not classifiable dams they are not for the primary purpose of storing contaminants they are maintained in a state of good repair the water impounded by the dam is accounted for within a take limit they are not in a habitat of a threatened species, on contaminated land, or in an area with significant natural hazard risk they do not disturb roosting or nesting of indigenous birds they do not cause or exacerbate flooding, ponding, or erosion on any land or property owned or occupied by another person a map and as-built plans along with a producer statement are supplied to ORC within a one month of the construction of the dam if it impounds more than 1000 cubic metres of water. If the off-stream dam does not comply with the above permitted activity conditions, a discretionary consent will be required. Activities captured by the following rules include placement of the dam or weir, and any associated damming or diversion, use and disturbance of the bed of a lake or river, and discharge of water or contaminants into water. New temporary in-stream dams and weirs (in place for no longer than 30 days) are permitted if: for weirs, they are authorised under the National Environmental Standards for Freshwater (NES-F) they do not occur within an area where damming is prohibited (i.e., the same areas as the Water Plan where damming is prohibited by water conservation orders and legislation) the level of a lake or downstream flow of a river is not permanently reduced below an environmental flow or level as a result of the activity they do not frustrate or prevent the exercise of any lawful water take any bed disturbance does not cause erosion of the surrounding bed or banks any discharge complies with the visual clarity standards after reasonable mixing the passage of a desired fish species is not impeded they do not disturb the roosting or nesting of indigenous birds or occur in the habitat of a threatened species there is no fuel storage or placement of any hazardous substance on any part of the bed any plant, equipment, or machinery associated with the activity is free of pests the surrounding bed is returned as near as practicable to its original shape, area, depth, and gradient that existed prior to the works and the site is left tidy. If the temporary in-stream dam or weir does not comply with the above permitted activity conditions (except for where damming is prohibited), a discretionary consent will be required. New longer-term in-stream dams and weirs (in place for longer than 30 days) are a discretionary activity provided they are not located in an area where damming is prohibited. Activities captured by the following rules include use of the bed of a lake or river, damming or diversion of water and discharge of water or contaminants into water. Use of in-stream dams and weirs that existed on 1 July 2024 is permitted if: they are lawfully established and, for weirs, authorised under the NES-F they are maintained in a state of good repair they are not identified in an action plan as requiring remediation to provide for fish passage the volume of water impounded is less than 5,000 cubic metres the level of any lake or downstream flow in a river is not reduced below an environmental level or flow as a result of the activity. If the activity does not comply with the above permitted activity conditions, a discretionary consent will be required. Maintenance of lawfully established in-stream dams and weirs is permitted provided there is no increase in the volume of water impounded or the footprint of the dam or weir, and many of the same conditions as placement are met i.e., complying with environmental flows and levels, not affecting lawful water takes, not disturbing indigenous birds etc. If the activity is unable to comply with the permitted activity conditions, a discretionary consent will be required. Activities captured by the following rules include disturbance of the bed of a lake or river, discharge of water or contaminants, and damming or diversion associated with the removal. Removal of in-stream dams and weirs is permitted if: for a dam, it is not a classifiable dam where any part of the dam or weir remains in situ, nothing remains above the level of the bed there is no use of explosives it does not frustrate or prevent the exercise of a lawful water take it does not disturb the roosting or nesting of indigenous birds it does not occur in the habitat of threatened species it does not cause any permanent increase in the risk of flooding or erosion downstream it does not spread pests any discharge complies with the visual clarity standard after reasonable mixing there is no fuel storage or placement of any hazardous substance on any part of the bed the site is left tidy. Clear policy direction for restricting the construction of new in-stream dams and weirs but facilitating off-stream dams Clear policy direction on managing the effects of damming activities and recognising hydro-electricity generation.	Same rules apply to all damming activities regardless of location, type, or duration. Damming (whether or not it is off-stream or instream) is permitted if: the upstream catchment of the dam or weir is no greater than 50 hectares the water immediately upstream of the dam is no more than 3 metres deep and the volume of water stored by the dam is no more than 20,000 cubic metres no lawful water take is adversely affected any damming within a Regionally Significant Wetland was established prior to 2 July 2011 and does not damage fauna or native flora, or change its water levels / hydrological function no flooding of any other person’s property, erosion, land instability, sedimentation or property damage is caused it is not within the Waitaki catchment, or particular areas protected by water conservation orders and legislation. If the activity does not comply with the above permitted activity conditions, then consent is required (except where damming is prohibited). Activity status ranges from restricted discretionary to non-complying depending on what conditions can’t be met. Limited policy direction to guide the management of damming activities. Definitions are unclear. Provisions are not aligned with national direction and the Building Act 2004.
Diversion
Key changes: Definitions clarify that diverting water outside the bed of a water body, even if non-consumptive, is managed as a take and discharge of water rather than a diversion. Separate diversion rules supported by policy direction focusing on ensuring that fish passage is provided for, diversions are kept to the smallest practicable extent, and they have minor or transitory adverse effects on the environment. Diversion rules distinguish between diversions of water outside of the bed of a water body (e.g., to alleviate flooding) and those within a water body (e.g., to facilitate temporary works on a structure). Diversions where they occur fully outside of the bed of a lake or river are permitted if: they are for land drainage or alleviating flooding they are not on contaminated land they do not cause or exacerbate flooding, ponding or erosion of any land owned or occupied by another person they do not frustrate or prevent the exercise of any lawful water take they do not disturb the roosting or nesting of indigenous birds water levels or flows are not reduced in any aquifer, spring, river, lake, or natural inland wetland. Diversions within the bed of a lake or river are permitted if: they are not located in an area where diversions are prohibited, a habitat of a threatened species or the Waitaki catchment they are for enabling temporary works associated with a lawfully established structure, the protection, restoration, or enhancement of the ecosystem health, indigenous biodiversity, or hydrological functioning of water bodies, or maintaining the operation of lawfully established intake structures they are carried out completely within the bed of a lake or river they do not they do not cause or exacerbate flooding or erosion within any water body or property the level of any lake or downstream flow of any river is not reduced below an environmental level or flow they do not impede the passage of a desired fish species they do not disturb the roosting or nesting of indigenous birds they do not frustrate or prevent the exercise of any lawful water take the course of the water is returned to its natural course after completion of the activity, no later than one week after it occurs. If the activity does not comply with the above permitted activity conditions, a discretionary consent will be required (except where diversions are prohibited e.g., areas protected by water conservation orders or legislation and in Lake Tuakitoto as per the Water Plan).	Diversion rules bundled with damming rules. A diversion is permitted if: the size of the catchment upstream of the diversion is no greater than 50 hectares the water conveyed is from one part of any lake or river, or tributary, to another part of the same lake, river, or tributary no lawful take of water is adversely affected any diversion within a Regionally Significant Wetland was established prior to 2 July 2011 and the activity does not damage fauna or native flora, or change water levels or the hydrological function of a Regionally Significant Wetland no flooding of any other person’s property, erosion, land instability, sedimentation or property damage is caused the diversion is not within the Waitaki catchment, from Lake Tuakitoto at certain levels, or in particular areas protected by water conservation orders and legislation. Diversions for the purpose of land drainage are permitted if: the wetland conditions above are met the level of a lake or river is not lowered the diversion does not cause flooding of any other person’s property, erosion, land instability, sedimentation, or property damage. Diversions related to lawful structures are a permitted activity if: the wetland conditions above are met the course of the water remains in the bed of the water body and is returned to its normal course following completion of the activity no lawful take of water is adversely affected no erosion, land instability, sedimentation or property damage is caused. Diversion of water from water bodies not consistently managed as a ‘take of water.’
Associated activities
Key changes: All relevant activities associated with the damming or diversion of water; for example, disturbance of the bed of a lake or river, discharge of water or contaminants, and damming or diversion etc. are managed under the same rules in the DAM chapter and are permitted or consented along with the primary activity.	Multiple rules spread across different Water Plan chapters apply for various activities associated with damming and diversion e.g., structures, bed disturbance, discharges of water and contaminants etc.

Recent content updates:

2 November 2023:
- Updated definition of existing permitted activity rule.

The Earthworks and Drilling chapter manages the disturbance of land and associated discharges. Activities captured include:

Earthworks and sediment run-off
Drilling
Bores
Site investigations for contaminated land

These activities have previously been managed by the Regional Plan: Water for Otago (Water Plan). Plan Change 8 (Urban Topics), which was made operative on 3 September 2022, introduced new rules to the Water Plan for managing sediment from earthworks for residential development.

This chapter does not manage stormwater or discharges from contaminated land. These are covered in the Stormwater and Other Discharges chapters, respectively.

Overview and key changes

The table below provides a high-level comparison of the existing Water Plan provisions and the draft Earthworks and Drilling chapter and highlights the key changes from the Water Plan.

Overview of the chapter, and key changes

The table below provides a high-level comparison of the existing Water Plan provisions and the draft EARTH chapter and highlights the key changes from the Water Plan.

Earthworks and Drilling chapter of draft LWRP	Existing plan
Earthworks
The existing permitted activity rule for earthworks now applies to all earthworks. For earthworks to be permitted, they must not: remain unstabilised after completion occur on contaminated land, or in a path of overland flow or flood plain, or in a drinking water protection zone allow soil or debris to enter a water body, a drain, an artificial watercourse, or the coastal marine area result in flooding, erosion, land instability, ponding, subsidence, or property damage beyond the boundary result in an exceedance of the receiving water standards after reasonable mixing discharge a hazardous substance discharge into any natural wetland or water body identified in a plan as containing mahika kai, wāhi tūpuna (sites of significance to iwi), inanga spawning area or an outstanding natural feature or landscape. Additional to these permitted activity conditions, the following conditions apply to slope, area, and setbacks: On a slope of less than 10° up to 2,500m² of earthworks in any consecutive 12-month period are permitted if setback at least 10m from a water body, a drain, an artificial watercourse, or the coastal marine area. OR On a slope greater than 10° up to 2,500m² of earthworks in any consecutive 12-month period are permitted if setback at least 50m from a water body, a drain, an artificial watercourse, or the coastal marine area. OR Earthworks between 2500 m² and 10,000 m² in any consecutive 12-month period are permitted if on a slope less than 10° and setback 50m from a water body, a drain, an artificial watercourse, or the coastal marine area. The setback distances in the above rules do not apply to earthworks for riparian planting. If the earthworks do not comply with the above permitted activity conditions, a discretionary consent will be required and, if granted, will require best practice sediment control measures to be undertaken in accordance with an erosion and sediment control plan.	Rule framework for managing sediment discharges from residential construction only. Earthworks are permitted if: area of exposed earth is no more than 2,500m2 (in any 12-month period) earthworks do not occur within 10 metres of a water body, water race, drain or Coastal Marine Area (CMA) earthworks do not occur on contaminated land soil and debris are prevented from entering a water body, water race, drain or CMA the earthworks do not cause flooding, erosion, or land instability. If earthworks do not meet all of the conditions listed above, a discretionary consent is required.
Drilling
Key changes: The drilling of land for purposes other than the construction of a bore is permitted if the drilling: does not penetrate an aquifer is more than 10 metres from a wetland is not on contaminated land is above the water table complies with the NZS 4411:2001 Environmental Standard for Drilling of Soil and Rock. The drilling of a new bore, or drilling to alter or replace an existing bore, will require controlled consent, which will be granted if: the bore is not located in the bed of lake or river, within 10 metre of a natural inland wetland or on contaminated land the bore does not damage or destroy threatened species habitat or places of significance to mana whenua the drilling is in accordance with NZS 4411:2001 Environmental Standard for Drilling of Soil and Rock there is no mixing of water from different aquifers. ORC will be able to set consent conditions on the following matters: location depth management and maintenance requirements method of drilling consent duration, review, bond, and record keeping requirements.	The drilling of land for purposes other than the construction of a bore is permitted if the drilling: is not over a groundwater protection zone the hole is sealed on completion The drilling of a new bore requires consent as a controlled activity. ORC must grant consent but may impose conditions relating to: the location of the bore the depth of the bore the management of the bore head and maintenance of the bore the method of drilling or excavation.
Bores
The use of an existing bore is permitted if: The bore head is maintained in accordance with section 2.5 of NZS 4411:2001 Environmental Standard for Drilling of Rock and Soil and prevents the entry of contaminants, uncontrolled leakage, and the mixing of water from different aquifers the bore has a functioning backflow prevention device fitted to the bore head there are no hazardous substances located within 20 metres of the bore records of maintenance and repairs are submitted to council within 10 working days. If an existing bore does not comply with the conditions above, a controlled consent must be sought which may require the bore to be repaired or altered to ensure groundwater quality is protected.	The use of an existing bore is currently not managed by the Water Plan.
Site investigation
The new framework supports the identification and recording of contaminated land by allowing site investigations to occur if they comply with the Contaminated Land Management Guidelines No. 1: Reporting on Contaminated Sites in New Zealand, (Ministry for the Environment, 2021), and are reported to ORC within 2 months of completion.	The disturbance of land for a site investigation to assess concentrations of hazardous substances is currently not managed by the Water Plan.

Recent content updates:

26 September 2023:
- Added information about the 7-day mean annual low flow and default minimum flows and take limits for rivers
- Clarified the definition of landholding for take limits for aquifers
- Added information about the approach for determining stream depletion where groundwater and surface water are connected
- Clarified the definition of paper allocation
- Clarified the definition of “stacking” of permitted water takes.

The Environmental Flows, Levels and Limits chapter of the draft Land and Water Regional Plan manages:

The setting of water quantity limits such as environmental flows and levels and take limits for all freshwater bodies in Otago
All takes and uses of freshwater, including policy direction on:
- Community water supply
- Hydro-electric generation activities
- Temporary takes, including dewatering
- Efficiency of water take, conveyance and use
- Mixing of water and use of rivers for conveyance
- Takes for storage
- Taking from artificial water bodies
- Non-consumptive takes
- Group management of take and use activities
- Transfers of water permits
- Measuring of takes
- Consent duration

Overview and key changes

The table below provides a high-level comparison of the existing Water Plan and the draft Environmental Flows, Levels and Limits chapter and highlights key changes from the Water Plan. The Freshwater Management Unit (FMU) chapter summaries contain the specific environmental flows and levels and limits for water bodies contained within each FMU.

The level of impact of the changes from the existing plan to the draft LWRP will vary across FMU and rohe (areas) in Otago depending on the circumstances of allocation and water uses in different water bodies.

Environmental Flows, Levels and Limits chapter of draft LWRP	Existing plan
River catchments
Environmental flows and take limits set for all rivers according to the following: Rivers with low hydrological modification will have default minimum flows and take limits based on a percentage of the 7-day mean annual low flow (MALF). This regime applies to the vast majority of rivers in Otago. The 7-day MALF is a flow statistic that provides an indication of how low the flow gets in a typical year. The lowest flow for each year is averaged across recorded years to estimate the MALF (Mean Annual Low Flow). Flows were averaged across 7-days before calculating the minimum for each year. Default minimum flows and take limits are the following: a take limit of 20% of 7-day MALF and minimum flow of 90% of 7-day MALF for a river catchment with a mean flow of 5 m3/s or less; and a take limit of 30% of 7-day MALF and a minimum flow of 80% of 7-day MALF for catchments with a mean flow of greater than 5 m3/s.   Rivers with higher hydrological modification will have bespoke take limits and minimum flows in the plan, based on site specific information for those catchments. For some rivers, often characterised by low to moderate hydrological modification and a small number of consented takes, interim take limits and minimum flows will be set according to the default method above. These will be implemented through the resource consent replacement process. However, prior to this resource consent replacement process taking place Council will assess whether there is a need to set bespoke minimum flows and take limits for these rivers through a plan change process. Better policy direction around the setting of site-specific environmental flow conditions on consents (in the current planning framework referred to as ‘residual flows’) to protect locally present or downstream values.	The Water Plan only has minimum flows for a limited number of catchments, and the approach for determining take limits is complex. Most take limits and environmental flows have not been determined in accordance with the requirements of the NPS-FM and are not consistent with Te Mana o te Wai. The Water Plan only allows for the consideration of a narrow set of values (ecology and natural character) when setting ‘residual flows’ at the point of take.
Lakes
New consented takes, diversions, damming or discharges of water from natural lakes and their upper catchment will be a prohibited activity. Takes from lakes will generally be included within a single take limit that applies to the lake as well as the river catchment that the lake is part of. This is consistent with a holistic and integrated management approach (ki uta ki tai - mountains to sea). The exception is lakes where a specific take limit and/or minimum level has been set such as some instream artificial lakes (e.g. Lakes Dunstan, Roxburgh, Onslow, Mahinerangi), and two natural lakes (Whakatipu and Wānaka), and natural lakes with an upper catchment that is highly modified through hydro-electricity generation, for example Lake Waipōuri.	The Water Plan does not set take limits for lakes in Otago. The Water Plan only sets environmental levels for one lake (Lake Tuakitoto), although there have been some water levels set for some lakes (e.g., Lakes Hawea, Dunstan and Roxburgh) through consent processes.
Groundwater
Environmental levels and take limits are set for taking water from different types of aquifers: Some mapped aquifers, for which robust and up-to-date technical information is available will have bespoke take limits. Other mapped aquifers will have a default take limit based on 35% of MAR. For aquifers not identified/mapped (such as fractured rock aquifers), the take limit will be 5% of the estimated annual average rainfall accumulation on the relevant landholding. Landholding in this context means 1 or more parcels of land (whether or not they are contiguous) that are managed as a single operation. Manage the connection between groundwater and surface water by: Removing the “100 metre rule” in the Water Plan Providing a clear method for determining stream depletion that is consistent with best practice in other regions. Under the proposed approach applicants will be required to calculate the proportion of the take that constitutes water drawn from nearby surface water bodies. Where a high proportion of pumped groundwater comes from surface water (i.e. high “stream depletion”) the groundwater take will be allocated from within the take limit that applies to the surface water body. This new approach will be based on the actual calculated effect of the groundwater take on surface water flows, rather than on the calculated distance from the stream.	The Water Plan sets take limits for aquifers that include: tailored limits and restriction levels for a small number of aquifers; and default limits for other aquifers based on 50% of the Mean Annual Recharge (MAR). The mean annual recharge is a statistical value based on the past climate, aquifer hydrology, soil properties, and other factors with direct influence over groundwater recharge. The Water Plan manages the connection between rivers, lakes and aquifers through: a complex method of determining the stream depletion effects from groundwater takes; and arbitrary rules where groundwater takes located within 100 metres of a river or lake are 100% allocated as surface water (elsewhere on this page referred to as the “100 metre rule”).
Avoiding over-allocation
Policy direction will be to avoid taking of water in excess of take limits. Prohibited activity rule for all new takes in excess of take limits, which is consistent with the requirements of the NPSFM.	The Water Plan does not recognise over-allocation of surface water but adjusts take limits in highly allocated catchments to reflect consented takes. The Water Plan prohibits new surface water takes from fully allocated catchments but does not prohibit new takes from fully allocated or over-allocated aquifers.  Highly allocated catchments are catchments where the combined consented allocation exceeds the specified take limit in the operative Water Plan or the default take limit of 50% of 7-day MALF applied in that Plan.
Phasing out over-allocation
Key changes: In region-wide provisions, two stage approach to phasing out existing over-allocation will include policy direction and mandatory rule conditions for the replacement of consents in over-allocated water bodies: Stage 1: Upon reconsenting of existing takes, remove paper allocation (paper allocation is any quantity of water that is allocated under a resource consent but that exceeds the actual (recorded) rate of take or volume of water taken by the consent holder), limit the rate of take/volume to the lesser of historic take or the rate/volume required based on guidelines for efficient use. Short duration for Stage 1 replacement consents. The use of short-term consents aligns with the direction set in the Natural and Built Environment Act (NBEA) that will be phased in over the coming years. Stage 2 (where required): Proportional reductions for the catchment where any reductions in allocation under stage 1 prove insufficient to meet the default take limits in the LWRP, with ability to consider an alternative environmental flow and level regime for those currently subject to default regimes. River catchments with bespoke take limits may have different requirements under the 2-staged approach: Stage 1 will seek to reduce water use where possible by requiring efficient use and removing paper allocation. The plan will also require all water users to work together to develop plans for a catchment-wide approach for achieving the environmental flows, and for phasing out/avoiding over-allocation within the proposed Otago Regional Policy Statement (pORPS) timeframes for achieving the long-term visions for different FMUs and rohe. Stage 2 will see the delivery and execution of the plans set up in Stage 1. However, if by the end of Stage 1 no plans have been developed and agreed upon among consent holders, proportional reductions will be required under Stage 2.	The Water Plan has sinking lid policies to reduce allocation that partly rely on voluntary actions and is not likely to reduce the consented allocation to environmentally sustainable levels.
Different types of freshwater takes
Clear rules and policies for managing the effects from different types of takes. This includes providing pathways for non-consumptive takes, secondary takes (previously known as augmented takes) and takes from artificial water bodies (previously known as retakes). Policies and rules that provide for the consented taking of water at higher flows (for storage) and which consider ecological requirements to ensure water bodies are not ‘flat-lined’ or their ecological processes are not impeded.	The Water Plan provides some policy direction for augmented takes and identifies non-consumptive takes by definition but does not have a clear framework for managing different types of takes. The Water Plan does not set any restriction on the taking of water above mean flow.
Specific activities
Provide overarching policy direction to manage: Compliance with environmental flows and levels Efficiency of take, conveyance and use Mixing of water Provide policy guidance for specific activities, including: Collective management (irrigation schemes and water user groups) Community supplies Hydro-electricity generation Temporary takes Non-consumptive takes Transfers from one site to another	No directive policy guidance for specific activities
Efficiency considerations
Clear policy direction to ensure all water storage, conveyance, take and use is reasonable and efficient for its intended use. Policies and rules that that require and determine the reasonable and efficient rates of take and volumes for common uses including: Animal drinking water Domestic supply Dairy shed supply Frost fighting Irrigation Policy direction to encourage takes from resilient sources (main stems of river catchments, lakes and groundwater where further allocation remains available), in preference to takes from tributaries and over-allocated rivers.	Limited policy direction on how to consider efficiency when assessing an application for a water take
Integrated management and group management of water takes
Effects on water quality associated with takes for primary production captured by other direction in the LWRP, including in the provisions regarding Freshwater Farm Plans in the Primary Production chapter. For other uses of water applications to take and use water can consider the effects of the end use of water including water quality. Policy support for irrigation schemes and the use of water user groups for sharing water in times of low flows.	No policy direction on how water quality effects from the take and use of water must be considered when assessing applications to take and use water. Provides for the use of Water Allocation Committees and Water Management Groups to manage water takes where there are restrictions, but limited direction on how these committees and groups operate.
Consideration of applications
Set clear policy direction on considerations for take and use of water and transfers. In addition to the Water Metering Regulations, require metering of small, consented takes, discharges from hydro-electric schemes and ‘residual’ flows. Consent durations will be determined considering the following: Timeframes for achieving the visions in the proposed Regional Policy Statement The allocation status of the catchment and any degradation (including with respect to the water quality of the catchment) that may exist Any FMU or rohe expiry dates that may apply (proposed FMU and rohe consent expiry dates are in the area-specific summary documents). Maximum durations of 10 years are proposed, with some exceptions allowed for (e.g. water takes associated with regionally or nationally significant infrastructure)	Limited guidance on how applications are to be considered, minimum consent requirements, measuring requirements, lapse periods. The Water Plan has a transfer policy that provides limited guidance for managing of site-to-site transfers and is open to interpretation. There are no specific rules for transfers. A consent duration policy that led to an expectation of long-term (35 year) consent durations
Rule framework
Permitted activity pathways for: Small takes for domestic supply and stock water only (not for commercial or economic uses) Temporary takes, including dewatering and aquifer testing Takes from artificial sources (e.g., water races and storage reservoirs) Takes into instream dams to enable transition to a consent framework Permitted activity takes are scaled based on the size of the water body. Permitted activity conditions include: Restriction on taking when minimum flow or minimum level has been reached, except for reasonable domestic use; fish are prevented from entering the intake Direction around avoiding the “stacking” of permitted water takes. The stacking of water takes involves a person taking from multiple locations on the same waterbody and on the same property via multiple pathways such as under s 14(3)(b) of the Resource Management Act 1991 and the permitted activity and consenting framework in the Water Plan. A clearer and simple rule framework for all other activities (taking from surface water, lakes and groundwater) with enabling consent pathways where takes are within take limits and comply with environmental flows and levels, including a specific consent pathway for community water supply and site to site transfers.	Permissive permitted activity framework that can enable multiple taking where there are different sources (groundwater and surface water) and provisions that apply. Complex framework with distinctions in considerations between the different rules not obvious – there are many restricted discretionary activities with wide matters of restriction. New temporary framework of short-term consents for replacement water permits introduced in 2020 (PC 7). No rule framework for transfers – consents are processed under s136 of the Resource Management Act 1991

*Paper allocation is any quantity of water that is allocated under a resource consent but that exceeds the actual (recorded) rate of take or volume of water taken by the consent.

The Other Discharges chapter of the draft LWRP includes rules and provisions to effectively manage a range of specific discharges that do not neatly fit into other chapters in the plan. Discharges of contaminants and water into the environment (either directly to water or to land) can adversely affect the health of soils and water, as well as the health of the ecosystems they support.

Overview and key changes

The table below provides a high-level comparison of the existing Water and Waste Plan provisions with those included in the draft Other Discharges chapter and highlights the key changes from the status quo.

Other Discharges chapter of draft LWRP	Existing plan
Discharges of agrichemicals
Discharges of agrichemicals to land are permitted if they are: Approved under Hazardous Substances and New Organisms (HSNO) and used in accordance with the approval Not discharged within a drinking water protection zone or 20 metres of a river, lake, wetland, the coastal marine area, or any bore Undertaken in accordance with NZS8409:2021 Management of Agrichemicals. Discharges of agrichemicals to water are permitted if they: Are approved under HSNO, not classified as hazardous for aquatic environments, and used in accordance with the approval After reasonable mixing, meet specified receiving water standards Not discharged to a drinking water protection zone, mātaitai reserve, or taiāpure Are undertaken in accordance with NZS8409:2021 Management of Agrichemicals. If permitted activity conditions are not met, the discharge requires consent as a discretionary activity.	Discharges of agrichemicals (herbicides) to land are permitted if they are: Authorised for use in NZ and used in accordance with the authorisation Undertaken in accordance with any manufacturers’ directions For the purpose of controlling plants and the use does not exceed the quantity, concentration or rate required Reasonable measures are undertaken to minimise direct discharges to water bodies, drains, water races and the coastal marine area Do not adversely affect lawful takes of water One week prior, dischargers notify people taking water for domestic supply and consent holders for water takes within one kilometre of the discharge, and the community via public notice where any discharge will occur into a river, lake, or Regionally Significant Wetland Do not damage fauna or native flora in any Regionally Significant Wetland. Discharges of agrichemicals (herbicides) to water are permitted if they are: Authorised for use in NZ and used in accordance with the authorisation Undertaken in accordance with any manufacturers’ directions and carried out by a person who holds a GROWSAFE Registered Chemical Applicator certificate Applied in gel form For the purpose of controlling aquatic plants and the use does not exceed the quantity, concentration or rate required Do not adversely affect lawful takes of water One week prior, dischargers notify people taking water for domestic supply and consent holders for water takes within one kilometre of the discharge, and the community via public notice where any discharge will occur into a river, lake, or Regionally Significant Wetland. If permitted activity conditions are not met, the discharge requires consent as a discretionary activity.
Discharges of vertebrate toxic agents (pesticides)
Does not manage discharges of brodifacoum, rotenone, or sodium fluoroacetate (1080) as these are managed by the Resource Management (Exemption) Regulations 2017 Discharges of vertebrate toxic agents to land are permitted if they: Approved under HSNO and used in accordance with the approval Not discharged within a drinking water protection zone or 20 metres of a river, lake, the coastal marine area, or any bore Undertaken in accordance with manufacturer’s directions. Discharges to water, and discharges to land that do not meet the permitted activity conditions, require consent as a discretionary activity.	Does not recognise that some discharges are managed under the Resource Management (Exemption) Regulations 2017 Discharges of vertebrate toxic agents (pesticides) to land are permitted if they are: Authorised for use in NZ and used in accordance with the authorisation Undertaken in accordance with any manufacturers’ directions For the purpose of controlling animals, plants or other organisms and the use does not exceed the quantity, concentration or rate required Not discharged to water bodies, drains, water races or the coastal marine area Do not damage fauna or native flora in any Regionally Significant Wetland. Discharges to water, and discharges to land that do not meet the permitted activity conditions, require consent as a discretionary activity.
Dust suppressants
Discharges of dust suppressants to land are permitted if they meet the same conditions as the current rule, except that the controls on visual changes in the receiving water is replaced with a condition requiring the discharge to be: Not within a drinking water protection zone Not within 20 metres of a lake, river, coastal marine area, or a bore. Discharges to land that do not comply with the conditions above, and are not of waste oil, are managed the same way as the Waste Plan Discharges to water are a discretionary activity, addressing a gap in the Waste Plan provisions Discharges of waste oil to land or water continue to be prohibited.	Under the Waste Plan, discharges of dust suppressants to land are permitted if: They are not a hazardous substance (including waste oil) They are approved under HSNO and used in accordance with the approval. They do not produce an objectionable odour, conspicuous oil or grease film, scum, or foam in any surface water body They do not result in ponding or overland flow. Discharges to land that do not meet the conditions above and do not contain waste oil require consent as a discretionary activity Discharges of waste oil to land or water are prohibited.
Tracer dye
Discharges of tracer dye to water are a controlled activity if they: Are not a hazardous substance Are approved under HSNO, not classified as hazardous for aquatic environments, and used in accordance with the approval After reasonable mixing, meet specified receiving water standards Not discharged to a drinking water protection zone, mātaitai reserve, or taiāpure. The Council’s control is limited to: Volume, type, and concentration of the dye Timing, duration, and method of discharge Any notification requirements. If the controlled activity conditions are not met, the discharge requires consent as a discretionary activity.	Discharges of tracer dye to water are a controlled activity if they are chemically inert, non-radioactive, and non-toxic The Council’s control is limited to: Adverse effects on identified natural and human use values, natural character, and amenity values of any affected water bodies Adverse effects on existing lawful takes Location, timing, and nature of the discharge Duration, information, monitoring, and bond requirements, and review conditions. If the controlled activity conditions are not met, the discharge requires consent as a discretionary activity.
Discharges of swimming and spa pool water
Discharges of swimming or spa pool water to land are permitted if: The water has not been treated with chemicals in the 14 days prior to discharge The water does not contain disinfectants, antiseptics, residual flocculants, sodium chloride more than 3500 grams per cubic metre, or residual chlorine or bromine above detection levels The discharge is not within a drinking water protection zone or 20 metres of a river, lake, the coastal marine area, or any bore Filter backwash does not enter a reticulated stormwater network Prior to discharge, the temperature of the water is ambient The discharge does not cause flooding, erosion, land instability, sedimentation, or property damage, or result in ponding or overland flow. Discharges to water, and discharges to land that do not meet the conditions above, require consent as a discretionary activity.	Discharges of swimming pool water to water or to land are permitted if: The discharge does not contain faecal coliforms at greater concentrations than that of the receiving water, or that would cause the receiving water to exceed 150 CFU* per 100 millilitres (after reasonable mixing) *CFU stands for Colony Forming Units. A colony-forming unit is where a colony of microbes grow from one single microbe. It is a measuring method that allows a scientist to examine a sample under a microscope and count the number of viable bacteria in a 100ml sample of water. The water does not contain disinfectants, antiseptics, pesticides, residual flocculants (except for aluminium at acid-soluble aluminium concentrations less than 0.1 grams per cubic metre), or free or residual chlorine at the point the discharge enters any surface water body or mean high water springs, human sewage, or any hazardous substances The discharge does not, after reasonable mixing: increase the temperature of the receiving water by more than 3 degrees Celsius, and does not cause the temperature of the receiving water to be above 25 degrees Celsius increase the suspended solids levels in the receiving water by more than 10 grams per cubic metre change the pH of the receiving water by more than 0.5 pH units give rise to any significant adverse effect on aquatic life. The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation, or property damage There is no change to the water level range or hydrological function of any Regionally Significant Wetland There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland. If permitted activity conditions are not met, the discharge requires consent as a discretionary activity.
Discharges from water treatment and filter backwash
Discharges from the purging of instruments used in water treatment, the use of portable potable water treatment units, or filter backwash to land are permitted if they: Do not enter a reticulated stormwater network Are not within a drinking water protection zone or 20 metres of a river, lake, the coastal marine area, or any bore Do not exceed 3 cubic metres per day Do not contain a chlorine concentration of more than 2 milligrams per litre Have a pH measurement of between 6 and 8 Do not cause flooding, erosion, land instability, sedimentation, or property damage, or result in ponding or overland flow. Discharges to water, and discharges to land that do not meet the conditions above, required consent as a discretionary activity.	Not specifically managed under the Water or Waste Plans. If the discharge contains a hazardous substance, it will require consent as a discretionary activity. Otherwise, the discharge will be managed under the catch-all rules (discussed below).
Discharges from emergency firefighting training
Discharges to land or water as a result of fire training activities undertaken by Fire and Emergency NZ (FENZ) are permitted if: They do not occur for more than 2 continuous hours in a 24-hour period. The discharge is not onto the same area of land more frequently than once every three months. The person undertaking the discharge must be an employee or volunteer of FENZ. FENZ maintains a register with locations and dates of discharges. It does not cause flooding, erosion, land instability, sedimentation, or property damage, or result in ponding or overland flow. Discharges that do not meet the conditions above require consent as a restricted discretionary activity. The Council’s discretion is limited to: Volume, type, and concentration of the dye Timing, duration, and method of discharge, Any notification requirements.	Not specifically managed under the Water or Waste Plans. If the discharge contains a hazardous substance, it will require consent as a discretionary activity. Otherwise, the discharge will be managed under the catch-all rules (discussed below).
Discharges of water used for holding live organisms
Discharges of water and contaminants used for holding live organisms to water or to land are permitted if: They do not contain any pests, unwanted organisms, or hazardous substances They will not introduce live aquatic life to a water body where the species is not already present or increase the population of an undesirable fish species If the discharge is to water, it complies with specified receiving water standards after reasonable mixing and is not within a drinking water protection zone, mātaitai reserve, or taiāpure (a coastal fishing area of special significance to iwi) If the discharge is to land, it is not within a drinking water protection zone, or 20 metres of a lake, river, the coastal marine area, or a bore It does not cause flooding, erosion, land instability, sedimentation, or property damage, or result in ponding or overland flow. Discharges that do not meet the conditions above require consent as a discretionary activity.	Discharges of water used for holding live organisms to water or to land are permitted if: There is no change to the water level range or hydrological function of any Regionally Significant Wetland There is no damage to fauna, or New Zealand native flora, in or on any Regionally Significant Wetland No contaminant has been added that is toxic to the aquatic life of the receiving water body The discharge does not contain pest plant material (as identified in the Pest Management Strategy for Otago 2001) The discharge does not increase the natural temperature of the receiving waters, after reasonable mixing, by more than 3 degrees Celsius, and does not cause the temperature of the receiving water, after reasonable mixing, to rise above 25 degrees Celsius The discharge does not increase the suspended solids levels in the receiving water, after reasonable mixing, by more than 10 grams per cubic metre The discharge does not, after reasonable mixing, give rise to any significant adverse effect on aquatic life The discharge does not cause flooding of any other person’s property, erosion, land instability, sedimentation, or property damage. Discharges that do not meet the conditions above require consent as a discretionary activity.
Passive discharges from contaminated land
Passive discharges from contaminated land (including closed landfills) to land are a controlled activity if: A site investigation report has been provided to the Council Either the site investigation report or water quality sampling shows that groundwater meets the Drinking Water Standards for NZ, the Australia and NZ Guidelines for Fresh and Marine Water Quality at the level of 90% protection of species, and for concentrations of petroleum hydrocarbons the Guidelines for Assessing and managing Petroleum Hydrocarbon Contaminated Sites in NZ At any point where groundwater exits to surface water, the discharge does not produce any conspicuous oil or grease films, scums, foams, floatable or suspended materials, or change in visual clarity. The Council’s control is limited to: The need for remediation Monitoring, including methodology and frequency Methods to prevent land disturbance or other activity that may increase the potential for contaminants to be discharged from the site The need for, and contents, adequacy and implementation of a remedial action plan, site management plan, validation report, and/or an ongoing site management plan prepared in accordance with Contaminated Land Management Guidelines No. 1: Reporting on Contaminated Sites in New Zealand For closed landfills, the extent to which monitoring is consistent with A Guide for the Management of Closing and Closed Landfills in New Zealand. Discharges that do not meet the conditions above require consent as a discretionary activity.	Not managed under the Water or Waste Plans.
Cemeteries
Use of land for a cemetery that is closed or operating on 30 June 2024 and any associated discharge to water or land is a permitted activity Use of land for a new cemetery or part of a cemetery not operating on 30 June 2024, and any associated discharge to land, is a permitted activity if the land is not: At risk from coastal erosion or frequent flooding Within 100 metres of a water body, the coastal marine area, or a bore Within a drinking water protection zone Less than 3 metres above groundwater On contaminated or potentially contaminated land Significant to mana whenua. The use of land and associated discharge that does not comply with the conditions above requires consent as a discretionary activity.	Not managed under the Water or Waste Plans.
Major hazard facilities
Use of land for a major hazard facility (as defined in HSNO) is a controlled activity if: It is a lower tier major hazard facility It is not within 100 metres of a water body, artificial watercourse, or the coastal marine area It is not within a drinking water protection zone It is not within 50 metres of a bore A management plan for preventing the unauthorised discharge of contaminants to land or water is prepared and implemented. The Council’s control is restricted to: The location of the facility, including in relation to water bodies and coastal water The quality, content, and implementation of the management plan. The use of land that does not comply with the conditions above requires consent as a discretionary activity.	Use of land for the operation of facilities for the treatment or disposal of hazardous wastes and any associated discharge to land or water is a discretionary activity This overlaps with HSNO functions.
Discharges not managed elsewhere
Unless managed elsewhere, discharges to land or water are permitted if they: Do not contain any hazardous substances, pests, pest agents, unwanted organisms, or organisms of interest Do not introduce live aquatic life to a water body where the species is not already present or increase the population of an undesirable fish species Do not alter the natural course of a water body or its bed or change the water level range or hydrological function of a natural inland wetland Do not cause flooding, erosion, land instability, sedimentation, or property damage, or result in ponding or overland flow Are not from or into contaminated land or directly into groundwater If the discharge is to water, it complies with the receiving water standards after reasonable mixing and is not within a drinking water protection zone, mātaitai reserve, or taiāpure If the discharge is to land, it is not within a drinking water protection zone or 20 metres of a lake, river, coastal marine area, or a bore. Discharges to land or water that do not comply with the conditions above require consent as a discretionary activity.	Unless managed elsewhere, discharges to land or water are permitted if they: Do not result in flooding, erosion, land instability or property damage Do not discharge water from one catchment to water in another catchment Do not change the water level range or hydrological function of any Regionally Significant Wetland If the discharge enters water in any lake, river, wetland or the coastal marine area (or enters a water race or drain that goes to those waters), the discharge does not result in a conspicuous change in colour or visual clarity, or a noticeable increase in local sedimentation, does not have floatable or suspended organic materials and does not have an odour, oil or grease film, scum or foam From 1 April 2026, if water flows fall below the reference flow, the discharge does not exceed specified discharge thresholds. Discharges to land or water that do not comply with the above conditions above require resource consent as a restricted discretionary activity if they are: Not otherwise prohibited Only for a period of up to five years Do not result in flooding, erosion, land instability or property damage Do not discharge water from one catchment to water in another catchment Do not change the water level range or hydrological function of any Regionally Significant Wetland Not previously authorised under the rule. The Council’s discretion is limited to the nature, type, volume, frequency, and location of the discharge; the concentration and loading of contaminants in the discharge; the staged timeframe for meeting the permitted activity conditions, and a wide range of adverse effects associated with the discharge Discharges to land or water that do not comply with the conditions above require consent as a discretionary activity unless they are prohibited Discharges to water that produce an objectionable odour, or a conspicuous oil or grease film, scum, or foam in any lake, river, or Regionally Significant Wetland; or drain or water race that flows to a lake, river, Regionally Significant Wetland, or coastal marine area; or bore or soak hole are prohibited activities.

Recent content updates:

5 October 2023:
- Added definition for Feedlot
- Added definition for Sacrifice paddock
- Added definition for Stockholding area
26 September 2023:
- Added examples for feedlot construction standards, types of agricultural waste and types of waste able to be disposed of in farm landfills.

Some farming activities and practices are currently managed under the provisions of the operative Regional Plan: Water for Otago (the Water Plan), although a small number of farming activities (e.g., silage, offal pits and farm landfills) are also managed under the Regional Plan: Waste for Otago (Waste Plan).

The Primary Production chapter of the draft Land and Water Regional Plan manages farming activities and practices that are likely to impact water quality, and the planting of forestry, and includes:

A range of farming land uses that have the potential to cause adverse effects on water quality
A policy framework for freshwater farm plans
A policy and rule framework for managing the planting of plantation and permanent forestry

The provisions covered in the above are proposed to be region-wide.

Different tools for different places

The nature of farming activity varies widely across the Otago region, as do the environments within which those activities occur. Therefore, the draft LWRP also contains a suite of tools that may be applied depending on the need for reductions of different contaminants and the timeframe within which those reductions need to be applied. These are proposed to be applied at an FMU/rohe level and the time frames are set by the environmental outcomes for each FMU. This is covered in the FMU/rohe chapters below. The FMU/rohe summaries and this summary should be read together.

Some discharges that may be associated with farming activities (such as discharges of agrichemicals or sediment discharges from earthworks) are not managed in this chapter. They are addressed in the Earthworks and Drilling and Other Discharges chapters respectively.

Freshwater farm plans

A freshwater farm plan is a new tool introduced in the Government’s Essential Freshwater package, to help reduce impacts on freshwater. Freshwater farm plans are certified plans that help farmers figure out how well they are doing in keeping water clean and the land healthy. Each farmer will make a plan that says what steps they will take to identify, manage and reduce any adverse impact of farming on the freshwater environment.

Overview and key changes

The table below provides a high-level comparison of the provisions of the operative Water and Waste Plans with the provisions in the Primary Production chapter of the draft LWRP and highlights the key changes from the Water and Waste Plans.

Primary Production chapter of draft LWRP

Existing plan

Permitted activity framework

The provisions for effluent storage and application (introduced as a result of PC8) are carried over from the operative Water Plan.

New rules permit the use of land and associated discharges for:

Feedlots, feed pads and stockholding areas – subject to conditions, including;
- 50 metre setback from a wetland, the Coastal Marine Area (CMA), or the bed of a lake or river; and
- 20 metre setback from a bore or soak hole; and
- Not within a critical source area (CSA), above subsurface drainage or in a drinking water protection zone; and
- Standards for construction, e.g. for smaller/young cattle a base of 400mm of bark, woodchip or similar material and for older/larger cattle, sealed and effluent collected and disposed of in accordance with effluent rules.

Sacrifice paddocks – subject to conditions, including:
- Restrictions on slope (10 degrees or less), time used (max. 60 days per year) and size (5 hectares for landholdings less than 500 hectares or 1% or 30 hectares for landholdings greater than 500 hectares, whichever is lesser)
- Not within a critical source area (CSA) or in forage crop
- 20 metre setback from a wetland, open drain, bore, soak hole, CMA, or bed of lake or river
- 50 metre setback from sensitive water bodies (including outstanding water body)
- Requirement to revegetate as soon as practicable (where significant de-vegetation has occurred)

Paddocks used for pasture-based wintering – subject to conditions, including:
- Not within a critical source area (CSA)
- 10 metre setback from wetland, open drain, bore, soak hole, CMA, or bed of lake or river
  20 metre setback from sensitive water bodies (including outstanding water body)
- Requirement to revegetate as soon as practicable (where significant de-vegetation has occurred)

Silage storage, offal pits – subject to conditions, including:

Either a 250 cubic metre or 500 cubic metre volume restriction (silage only)
Preventing liquid from the activity entering a surface water body (silage only)
Preventing animal access
Preventing rain (silage only) and surface runoff entering the pit or stack
50 metre setback from wetland, open drain, bore, soak hole, CMA, or bed of lake or river
Not in drinking water protection zone, CSA or flood prone area.

Farm landfills:
- Where no local authority collection is available, and the landholding is more than 50 kilometres from the nearest transfer station
- Landholding is greater than 20 hectares
- Maximum volume of the pit is 50 cubic metres
- Preventing surface runoff entering the pit
- Restrictions on type of refuse discharged, e.g. must be from the property the pit is located on and not include agrichemicals (or their containers), agricultural plastic wrap, septic tank sludge, dairy farm sludge or animal carcasses
- Setbacks from wetland, open drain, bore, soak hole, CMA, or bed of lake or river (50 metres for farm landfills, 20 metres for discharge of agricultural waste)
- Not in drinking water protection zone, CSA
- Pit is covered over to a depth of 0.5 metres when no longer in use.

Agricultural Waste:

- Restrictions on type of waste discharged, e.g. must not contain any hazardous substance or any waste from a human effluent treatment process
- Application depth of less than 50 millimetres
- Setbacks from wetland, open drain, bore, soak hole, CMA, or bed of lake or river (50 metres for farm landfills, 20 metres for discharge of agricultural waste)
- Not in drinking water protection zone, CSA.

Strengthened permitted activity rule for the discharge of fertiliser – subject to conditions, including:

- No direct discharge into wetland, open drain, bore, soak hole, CMA, lake or river
- No discharge when soil moisture exceeds field capacity
- 3 metre setback from bed of lake or river or wetland.

Restrict intensification of land use:

- Discretionary consent required for conversion to a higher intensity land use (only granting consent where it will result in a decrease to the contaminant loads in the catchment) including:
- Consent required for conversion to dairy farm or dairy support land;

- Consent required for conversion of forestry land to pastoral land use;
- Consent required for increase in area of land irrigated.

Historically there are no land use provisions in the Water Plan managing farming activities, meaning these activities have been permitted activities in accordance with section 9 of the RMA. Any discharges associated with these activities are managed by the general discharge provisions in section 12 of the Plan.

Plan Change 8 (PC8) introduced a suite of rules managing animal effluent storage and application to land. The management framework seeks to permit existing facilities that meet good practice standards or are lower risk to the environment and require resource consent for others. It requires resource consents for discharges of liquid animal effluent to land. The implementation of these provisions is staged over a three-year period that commenced in June 2022.

Some farming activities, silage, offal pits and farm landfills, are also managed through the Waste Plan. The permitted activity conditions for these activities are out of date and do not align with current good management practice.

General consenting requirements

PC8 provisions being carried over.

If permitted activity conditions cannot be met, the activity requires a discretionary consent, with stronger policy guidance to inform consent applications.

Where they do not comply with the permitted activity rules, most activities are classified as restricted discretionary. The matters of discretion are broad, and supporting policy direction is uncertain.

PC8 has a controlled activity status for the construction, use and maintenance of animal effluent storage facilities provided conditions are met. If conditions cannot be met, the activity is discretionary. All discharges of animal effluent will be restricted discretionary, once the timeframes in Appendix 19 have been reached and all animal effluent storage facilities are either permitted or consented.

Freshwater Farm Plans

Clear policy direction to ensure that the actions proposed in FWFPs are focussed on meeting desired environmental outcomes.

Permitted activity pathway that allows for the effects of some activities to be managed in accordance with certified FWFPs as an alternative to a consenting pathway.

These activities include:

feedlots and stockholding areas
sacrifice paddocks
pasture based wintering

Some information requirements, in addition to the FWFP actions plans, to be submitted to Council. Information to be provided includes stocking rate, area of arable farming and crop type, fertiliser use, imported supplementary feed utilised, effective farming area, outputs from the nutrient budget or nutrient risk assessment, area of intensive winter grazing, duration of intensive winter grazing, crop type and stocking rate, and area of pasture wintering, stocking rate and kgs per hectare DM of supplementary feed.

Freshwater Farm Plans (FWFP) are not included in the Water Plan.

Planting of plantation and permanent forestry

Any existing Water Plan provisions that are more stringent than the NES-PF will be retained. This stringency relates to the management of discharges to water, and some works in the bed of lakes, rivers and wetlands.

Plantation forestry will be a permitted activity where it is less than 10 hectares in area, and the setbacks below are met:

	Slope < 10 degrees	Slope > 10 degrees
River	20 metres	50 metres
Lake	20 metres	50 metres
Wetland	20 metres	50 metres
CMA	50 metres	100 metres

Permanent forestry will be a permitted activity where only indigenous species are planted, and the setbacks below are met:

	Slope < 10 degrees	Slope > 10 degrees
River	20 metres	50 metres
Lake	20 metres	50 metres
Wetland	20 metres	50 metres
CMA	50 metres	100 metres

Where a resource consent is required for plantation or permanent forestry, it is typically a restricted discretionary activity and the matters for discretion include effects on water quantity, effects on water quality, management of wilding trees, and effects on freshwater and freshwater ecosystems.

It is anticipated that most exotic forestry planting will require resource consent, while indigenous forestry is enabled.

The operative Water Plan does not currently contain specific provisions for the management of the planting of plantation or permanent forestry. However, there are some rules or conditions of rules in the operative Water Plan (rules for managing discharge to water) that apply in addition to the National Environmental Standard for Plantation Forestry (NES-PF).

The NES-PF manages the planting of plantation forestry, but the setbacks to water bodies are relatively small (5-10 metres for rivers and wetlands, 30 metres for the coastal marine area), and there is no consideration of effects on water quantity where a resource consent is required.

The Stormwater Management chapter manages discharges of stormwater: rainwater and meltwater runoff from surfaces such as roofs, driveways, carparks, and roads. Urban areas, with numerous buildings and paved surfaces, face challenges because the water cannot permeate the ground, leading to potential flooding and contamination of the receiving environment – rivers, lakes, and the sea.

The chapter manages discharges from:

Reticulated stormwater networks; and
Non-network stormwater discharges.

These discharges have previously been managed by the Regional Plan: Water for Otago (Water Plan). Plan Change 8 (operative from 9 July 2022) improved the policy direction for stormwater by requiring progressive reduction of sewage overflows in stormwater, and measures to control the quantity and quality of stormwater to reflect current best practice, to contribute towards improving water quality in the Otago Region.

This chapter does not manage stormwater from construction and earthworks, which is managed in the Earthworks chapter.

Overview and key changes

The table below provides a high-level comparison of the existing Water Plan provisions with those included in the draft Stormwater chapter and highlights the key changes from the Water Plan.

Stormwater chapter of draft LWRP	Existing plan
Network discharges
Key changes: Owners/operators of reticulated stormwater systems will require a 5-year consent [controlled] to continue discharging stormwater from an existing reticulated system into water Owner/operators of reticulated stormwater systems will have 5 years to map their network and put in place a monitoring programme before applying for a network consent [discretionary] Network consent conditions will require progressive network upgrades until water quality outcomes are met, as a matter of discretion Network consent conditions will require a stormwater management plan to manage the quality and quantity of stormwater being discharged, as a matter of discretion.	It is permitted to discharge stormwater from a reticulated system to water, if: There is no sewage in the stormwater The discharge is not into a wetland The discharge does not cause flooding The discharge does not cause significant visual pollution.
Non-network discharges
Key changes: New rule framework will capture non-network discharges from roads, carparks, roofs, and any other modified surface The first permitted activity condition is that stormwater discharges must be connected to a stormwater network if there is one available Stormwater discharges are permitted if they do not </

Heavy rain warning for North Otago, Dunedin and coastal Clutha

Heavy rain warning for North Otago, Dunedin and coastal Clutha

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Find by A-Z

Proposed changes to rules and regulations

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About the draft material

Region-wide proposed new rules and regulations

Overview and key changes

Overview and key changes

Overview of the chapter, and key changes

Overview and key changes

Overview and key changes

Different tools for different places

Freshwater farm plans

Overview and key changes

Overview and key changes

Heavy rain warning for North Otago, Dunedin and coastal Clutha

Heavy rain warning for North Otago, Dunedin and coastal Clutha

Alerts

Tō kaunihera Your council

Me nanao atu te rika Get involved

Taiao Environment

Te whakaaetaka me te tautukuka Consents and Compliance

Te whakahaere o kā mōrea māori Managing natural hazards

Mahia ki te ipuraki Do it online

Proposed changes to rules and regulations

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About the draft material

​Region-wide proposed new rules and regulations

Bed of Lakes and Rivers

Damming and Diversion

Overview and key changes

Earthworks and Drilling

Overview and key changes

Overview of the chapter, and key changes

Environmental Flows and Limits (Water Quantity)

Overview and key changes

Other Discharges

Overview and key changes

Primary Production

Different tools for different places

Freshwater farm plans

Overview and key changes

Stormwater Management

Overview and key changes

Region-wide proposed new rules and regulations