31Development adjoining waterbodies

31 Development adjoining waterbodies

31 Development adjoining waterbodies

(1) Objectives

• to protect and enhance scenic quality, water quality, aquatic ecosystems, bio-diversity and wildlife habitat and corridors.

• to provide adequate public access to waterways.

• to minimise the impact on development from known biting midge and mosquito breeding areas.

(2) This clause applies to land that adjoins the mean high-water mark (or the bank where there is no mean high-water mark) of a waterbody.

(3) Consent must not be granted to development on land to which this clause applies, within such distance as is determined by the consent authority of the mean high-water mark or, where there is no mean high-water mark, the top of the bank or shore of a stream, creek, river, lagoon or lake unless it is satisfied that—

(a) the development will not have a significant adverse effect on scenic quality, water quality, marine ecosystems, or the bio-diversity of the riverine or estuarine area or its function as a wildlife corridor or habitat, and

(b) adequate arrangements for public access to and use of foreshore areas have been made in those cases where the consent authority considers that public access to and use of foreshore areas are appropriate and desirable requirements, and

(c) the development is compatible with any coastal, estuary or river plan of management adopted by the Council under the Local Government Act 1993 that applies to the land or to land that may be affected by the development, and

(d) the development addresses the impact of increased demand from domestic water supply on stream flow.

(e) the development addresses the likely impact of biting midge and mosquitoes on residents and tourists and the measures to be used to ameliorate the identified impact.

(4) The consent authority may require as a condition of consent to any development that the following be carried out—

(a) the rehabilitation of land adjoining the waterbed to create a vegetated riparian zone or wetland,

(b) works to stabilise the bank or shoreline of a waterbed.