1.4.9 Risk Management

1. Council shall have regard to the degree of risk associated with the following. (Council may require further information to enable a full assessment of the proposal):
   
   
   1. The use of hazardous substances in the facility and proof that the NZ Fire Service and the Regional Council have been advised.
   2. The technology used in the provision of the service eg. high voltage electricity, radio-active material, electro magnetic fields.
   3. Risk of rupture, breakage, collapse, failure, movement etc of components of the facility as it relates to the design and maintenance of the facility and the effect of natural hazards on the facility.
   4. The measures inherent in the proposal which will avoid, remedy or mitigate the potential for that effect to occur.
2. Where the application relates to the use, management, development or rehabilitation of a contaminated site the applicant shall advise on the risks of undertaking the proposed activity in relation to the contaminants identified on the site.

1.4.10 Biological Effects

The existence on-site or adjacent to the site of outstanding, significant or intrinsically valuable ecosystems or flora or fauna (see Appendix 1, for the Evaluation Criteria).

1. Whether all existing indigenous vegetation will be retained but not including the understorey, and regrowth of failed lawful plantings of a plantation forest except where removal is unavoidable for the reasons outlined below:
   
   
   • To create a building platform,
   • For access and parking,
   
   Any works should minimise disturbance to the landform/character and vegetation.
2. Whether there is sufficient time and expertise to record and document the heritage resource before the proposal occurs.
3. Consideration of the provisions of any relevant Management Plans.
4. Where the evaluation criteria in Appendix 1 show any significant natural feature, tree or stand of trees, building, object, geological feature or waahi tapu worthy of protection then that item should be included in the relevant schedule.

1.4.11 Rural Zone

1. Discretionary or non-complying activity resource consent applications on Class I, II and III soils within the Rural Zone must show that the high quality soil is not degraded, compromised or lost from the land resource.
2. That the requirement for the dwelling is directly related to the long-term labour requirements of the property and there is appropriate servicing available to the site at the applicant's expense.

1.4.12 Kaitiaki (Conservation) Zone

1. The nature and extent of the proposed work and the degree to which it may disturb natural landforms, landscapes, features and vegetation, or create soil instability, or lead to adverse effects to natural habitats, watercourses and wetlands.
2. Any proposal for use and development shall as far as practicable, be located, designed, constructed or placed to complement the character of the environment in which it is located.
3. Use and development shall be considered inappropriate where it would modify, damage or destroy any regionally or nationally or internationally rare, threatened or endangered indigenous fauna or habitat of such fauna, plant or plant community, or any significant indigenous vegetation which contributes to the recognised values of the area.
4. The location and extent of any archaeological cultural and historic sites within any area subject to the application and how they will be affected by the proposal.
5. The likely impact of the proposal on natural landforms in terms of visual appearance, and the potential for subsidence or erosion (including stream banks).
6. Development proposals shall ensure that any run-off or stormwater resulting from the establishment of the activity does not lead to siltation, sedimentation, or a reduction of water quality in natural watercourses and groundwater that leads to adverse effects on identified natural habitats and ecosystems or detracts from the natural character of the environment.
7. All existing indigenous vegetation shall be retained except where removal is unavoidable for the following reasons:
   
   
   1. To create a building platform
   2. For access and parking
   3. For the purposes of the proposed activity.
8. Native vegetation removal and all earthworks must not adversely affect the sustainability of natural habitats and ecosystems.
9. Details of an appropriate rehabilitation programme or other mitigation measures for the area to be subject to the proposed activities.
10. The time period over which the work will take place.
11. The provisions of any relevant management plan or conservation plan.
12. In addition to (i) – (xi) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Okauia 1 Block being Part DP7148, Okauia 4B Block, Lot 1 DPS 24315 Blocks IV and VIII Tapapa SD as identified in Schedule 5 whilist ensuring adverse effects of such activities are avoided, remedied or mitigated.
13. In addition to (i) – (xi) above consideration shall be given to the activities provided for on the Development Concept Plan for Part Section 126, Block II Tapapa East Survey District (CT SA5B/22) as identified in Schedule 5 whilst ensuring adverse effects of such activities are avoided, remedied or mitigated.
14. And the standards and terms of 1.4.29(i)

1.4.13 Mining or Quarrying

In addition to the general assessment criteria for discretionary and non-complying activity resource consent applications, Council shall have regard to:

1. Management Plan
   
   Whether there is an adequate management plan for the site and the extent to which it describes the activity, and details appropriate methods to be used to avoid, remedy or mitigate adverse affects, of:
   
   
   • Stripping and stockpiling top soil and overburden
   • Stormwater and wastewater disposal
   • Dust
   • The transport, storage and use of hazardous substances including explosives
   • Traffic
   • Access
   • Noise
   • Rehabilitation
   
   
   Council should have regard to whether the working of the mine, quarry or pit shall be programmed into stages and the working area shall be restricted to one stage at a time.
   
   
   • blast noise and vibration (see Rule 4.9.1)
2. Rehabilitation
   
   
   1. the means and extent to which top soil is proposed to be retained for future rehabilitation of the land;
   2. the means and extent of restoration proposed of the soil profile and of all excavations and land disturbances to a natural, vegetated landscape;
   3. the programme, species and timing proposed for rehabilitation planting;
   4. closure programme including removal of plant, buildings and waste on completion of works or expiry of consent.
3. Separation
   
   
   1. whether a minimum of 300m separation is provided for between the working areas (including stockpiling areas) and the site boundary for mitigation of noise, dust and other nuisances;
   2. whether a lesser distance can mitigate all such adverse effects.

Explanation

These rules are implementing the Objectives and Policies concerning Sustainable Primary Production, Landscape and Amenity. The District has in the past experienced the adverse effects created by mining and quarrying and is thereby very aware of the need to ensure operators are committed to a realistic site management system and rehabilitation of mining and quarrying sites.