| Designation Number |
9100
|
| Requiring Authority |
Vector Gas Ltd |
| Location |
102 Amreins Road, Taupaki to Inland Road (near Kaipara Coast Highway), Kaukapakapa
|
| Rollover Designation |
Yes |
Legacy Reference
|
Designation 618, Auckland City Council District Plan (Rodney Section) 2011
|
Lapse Date
|
10 years from being operative in the Unitary Plan unless given effect to prior
|
Purpose
1. Purpose of the Designation
1.1 The designation by Vector Gas Limited (Vector) is for:
a. The design, construction, operation, maintenance, repair, upgrade and renewal of a new gas transmission pipeline and ancillary facilities between Vector's Taupaki Compressor Station (known as the Henderson Valley Compressor Station) at Amreins Road, Taupaki and Ararimu Road near Waitoki (a length of approximately 19.5 kilometres).
b. The design, construction, operation, maintenance, repair, upgrade and renewal of a new gas transmission pipeline and ancillary facilities between Ararimu Valley Road and Punganui Station, Kaukapakapa (a length of approximately 9.5 kilometres).
c. The design, construction, operation, maintenance, repair, upgrade and renewal of new off take and other facilities at the Henderson Valley Compressor Station.
d. The design, construction, operation, maintenance, repair, upgrade and renewal of new gas metering and pressure regulation equipment and ancillary facilities (known as a "delivery point") at Punganui Station, Kaukapakapa.
1.2 For the purposes of these conditions following construction of the pipeline the designation is subject to the following limitations:
i.
Renewal shall be limited to works on the gas transmission pipeline and will be limited to the replacement of sections of the pipeline with sections having equivalent diameter and maximum allowable operating pressure, and no more than 50 lineal metres of pipeline will be excavated at any particular time.
ii. Upgrade will be limited to adding or replacing above ground components, provided the relevant district plan permitted activity standards are complied with.
1.3 The designation affects land legally described in Appendix 2 "Schedule of Affected Land" of Volume 3 of the Notice of Requirement for Designation submitted to Rodney District Council, entitled "Rodney Natural Gas Pipeline Route Designation" (Reference 5672-R-002, Volume 1 Rev 0, Volume 2 Rev 1 and Volume 3 Rev 1, including amended plan 5672-504-0185 Rev 1) and the plan 5672-504-0100 Rev 1 attached as Appendix 15AC(i) to these conditions.
Conditions
2. Description of the Designation
2.1 The designation shall be described in the Unitary Plan as “Gas Transmission Purposes”.
3. Lapsing Period
Pursuant to s 184(1)(c) of the Resource Management Act 1991 (RMA), the period during which the designation shall not lapse, unless given effect to, shall be ten years commencing from the date the designation is included in the Unitary Plan. In relation to the property identified as Lots 4, 6, 7 and 8 DP 211520 the lapse period shall be five years commencing from the date the designation is included in the Unitary Plan.
4. Outline Plan
Council’s acceptance of the Construction Management Plan, Traffic Management Plan, Construction Noise Management Plan and Reinstatement Management Plan required to be submitted under Conditions 7.1, 7.8, 7.23 and 10.1 respectively shall constitute approval under the RMA, of the details of that part of the proposed project or work that comprises conventional cut and cover excavation, and trenchless construction techniques including horizontal directional drilling for the purposes of s176A(2)(a) RMA, so that no Outline Plan for that part of the construction phase of the project or work need be submitted to the Council.
For the avoidance of doubt, the Council waives any requirement for the Requiring Authority to submit an Outline Plan for the construction phase of project or work under s176A(2)(c) RMA where the work comprises conventional cut and cover excavation and trenchless construction techniques including horizontal directional drilling but may require an Outline Plan for future maintenance, repair, renewal or upgrading activities.
5. Conditions
The Designation shall be subject to the following conditions:
Unless the context otherwise requires, references in the following conditions to "the Council" shall be deemed to be references to the Auckland Council's Chief Executive Officer or nominee.
6. General Conditions
6.1 Subject to these conditions, all works shall be undertaken in general accordance with:
a. The plans and information submitted by Vector in support of the Notice of Requirement in the documents entitled “Rodney Natural Gas Pipeline Route Designation” (Reference 5672-R-002, Volume 1 Rev 0, Volume 2 Rev 1 and Volume 3 Rev 1), and the plan 5672-504-0100 Rev 1 attached as Appendix 15AC(i) to these conditions; and
b. The evidence and submissions presented on behalf of Vector at the Hearings before Rodney District Council Commissioners on 5 June and 29 June 2009, including, in particular, Appendix 8 to Mr Owen McBride’s evidence dated 5 June 2009 as elaborated on in Mr Owen McBride’s evidence dated 22 June 2009.
Notice
6.2 The Requiring Authority shall give written notice of:
a. The likely commencement date for the works pursuant to the designation; and
b. The expected timeframe for the construction programme;
to the Council, NZTA, KiwiRail and landowners along and adjacent to the designation not less than twelve months and again not less than six months prior to entry for construction. The Requiring Authority shall provide to the Council a list of the landowners notified pursuant to this condition and a copy of the information supplied to them.
Designation Width
6.3 The maximum width of the designation shall be as follows:
a. For land within road reserve (along road reserve) – the width of the road or 25 metres whichever is the lesser. Within 3 months following the completion of construction Vector shall reduce the width to 6 metres pursuant to s182 of the Act;
b. For land within road and/or rail reserve (across road reserve/state highway/rail) – 25m. Within 3 months following the completion of construction Vector shall reduce the width to 6 metres pursuant to s182 of the Act; and
c. Areas other than road reserve - 25 metres or as shown on the plans attached as Appendix 3 of Volume 3 Rev 1 of the NOR except that, in relation to the property identified as Lot 1 DP 170384, the designated area shall be the area shown on Plan 5672-504-0100 Rev 1 attached as Appendix 15AC(i) to these conditions. Within 3 months following the completion of construction and registration of the easements Vector shall reduce the width to 12 metres pursuant to s182 of the Act.
6.3A In relation to the property identified as Lots 4, 6, 7 and 8 DP 211520 the designated area shall be the area shown on Plan 5672-504-0115 Rev 3 attached as Appendix 15AC(ii) to these conditions. The width of the designation shall be as shown on Plan 5672-504-115/118A Rev 1 attached as Appendix 15AC(iii) to these conditions (width labelled as “construction designation”). Within 3 months following the completion of construction and registration of easements Vector shall reduce the width to 12 metres pursuant to s182 of the Act, as also shown on Appendix 15AC(iii) (width labelled as “final designation”). For the avoidance of doubt the widths are:
a. For lots 4, 6 and 7, an 18m construction designation, to be reduced to a 12m final designation within 3 months following the completion of construction and registration of easements. The 12m final designation shall entirely overlap the existing easement area for the Vector and NZ Refining Company pipelines located on the property prior to this designation (existing easement area). See cross section “A” on
Appendix 15AC(iii);
b. For the northern section of Lot 8 (being from the southern boundary of Lot 7 to the point marked “Point Y” on Appendix 15AC(iii) to these conditions), an 18m construction designation, to be reduced to a 12m final designation within 3 months following the completion of construction and registration of easements. The 12m final designation shall part overlap the existing easement area, with a 3m offset of additional area to the west of the existing easement area. See cross section “B” on Appendix 15AC(iii); and
c. For the southern section of Lot 8 (being from the point marked “Point Y” on Appendix 15AC(ii) to these conditions to the southern boundary of Lot 8), a 25m construction designation, to be reduced to a 12m final designation within 3 months following the completion of construction and registration of easements. The 12m final designation shall part overlap the existing easement area, with a 3m offset of additional area to the west of the existing easement area. See cross section “C” on Appendix 15AC(iii).
7. Construction
Construction Management Plan
7.1 The Requiring Authority shall submit a preliminary Construction Management Plan to the Council three months prior to commencing construction. The Requiring Authority shall then submit a detailed Construction Management Plan in final form to the satisfaction of the Council at least one month prior to commencing construction. The Construction Management Plan shall include the construction drawings and procedures, methods and measures to be applied during the construction phase to address:
a. Liaison with the Council, affected parties, utility owners and the general public;
b. Construction methodology for conventional cut-and-cover excavation;
c. Construction methodology for trenchless construction techniques including horizontal directional drilling;
d. Construction work within road reserves and state highways;
e. Likely work programme;
f. Noise control;
g. Dust control, including:
i. specific reference to protection of power transmission lines; and
ii. the avoidance or remediation of dust effects on residential dwellings and residential water supplies;
h. Earthworks and sediment control, including vegetation control, and disposal of unsuitable and/or surplus material;
i. Provision for fencing so as to enable continued operation of the land use activities on the properties through which the designation passes;
j. Location, protection and provision of alternative supply in the event of disruption of existing utilities;
k. Management of issues raised by affected parties during construction including contact details for key Vector construction personnel and systems for investigation, recording and reporting actions taken to resolve issues raised;
l. Construction techniques for the crossing of waterways; and
m. An environmental mitigation plan setting out the management of fauna and flora associated with natural areas (aquatic, riparian and terrestrial) within the designation.
Construction Plans
7.2 The construction plans described in Condition 7.1 shall include detailed engineering plans of the pipeline route. The plans shall include long sections and cross sections (where necessary) detailing the alignment and level of the pipeline and associated works with respect to ground levels, structures and services. The construction plans for the crossings of roads, state highways and railways shall be approved by the relevant transport authority and the utility operators for the particular crossings.
Engineering Standards
7.3 All works in, on or under Council roads shall be carried out in accordance with industry best practice.
Geotechnical
7.4 Pipeline construction shall be carried out in accordance with the requirements of the “Geotechnical Risk Assessment: Proposed Gas Transmission Pipeline Route – Taupaki to Punganui” from Pattle Delamore Partners Ltd, dated February 2007.
Overland Flow Paths
7.5 Existing overland flow paths shall not be impeded by any works.
Earthworks
7.6 Where works involving excavation are undertaken pursuant to the designation, appropriate sediment and erosion measures shall be employed. Prior to any earthworks within the designation the adequate silt retention structures shall be installed in accordance with industry best practice. These structures shall be maintained and cleaned out as necessary until such time a complete grass cover, or other non-erodable surfacing, has been re-established over the site.
Health and Safety Management Plan
7.7 The Requiring Authority shall submit a preliminary Health and Safety Management Plan to the Council three months prior to commencing construction. The Requiring Authority shall then submit a detailed Health and Safety Management Plan in final form to the Council at least one month prior to commencing construction.
Traffic Management Plan
7.8 The Requiring Authority shall submit a preliminary Traffic Management Plan (TMP) in accordance with the Code of Practice for Temporary Traffic Management 3rd edition November 2004, three months prior to commencing construction. The Requiring Authority shall then submit a detailed TMP in final form, specifically addressing control of construction access to the site and traffic control adjacent to the site, and the protection of the public, to the satisfaction of the Council and NZTA. The TMP is to be submitted with the Road Opening Notice application not less than one month before any construction is carried out within a road that is formed and maintained by the Council or the NZTA. Specific areas to be addressed in the Traffic Management Plan shall include but not be limited to:
a. Control of construction access to the site;
b. Traffic control adjacent to the site;
c. The protection of the public;
d. The temporary diversion of traffic during construction
e. Traffic safety;
f. Control at intersections;
g. Consideration of hours of work for heavily trafficked roads;
h. Maintenance of road and property accesses; and
i. Movement of construction traffic on local roads.
Verification that the TMP meets the Council’s and NZTA’s requirements shall have been received in writing, prior to the commencement of any works on the site. A copy of the Traffic Management Plan, together with the verification letter shall be kept on the site at all times. All measures for the protection of the public and other personnel set out in the verified TMP shall be maintained and complied with at all times until such time as the works are completed.
Location of Pipeline within Roads
7.9 The location of the pipeline within formed and unformed roads shall be determined in consultation with the Council but shall be no closer than 3m to the road boundary.
Pre-construction Meeting
7.10 Not less than two weeks prior to the commencement of works, the Requiring Authority shall meet with the Council for a pre-construction meeting.
Guide to Land Access
7.11 All works outside road reserves shall be in accordance with the “Guide to Land Access for the Oil and Gas Industry and Landowners” published by Federated Farmers of New Zealand Incorporated in 2002.
Property Access
7.12 The Requiring Authority shall at all times ensure that access between parts of any single property temporarily severed by construction is maintained to a level that will enable, as far as is practicable, normal operations on the property to continue.
Hours of Work
7.13 Except within the boundaries of formed roads and state highways, pipeline construction and associated activities shall not occur during the hours of darkness as defined in the Traffic Regulations 1976 except in the case of urgent work necessary to prevent injury to persons or damage to property.
Hours of Work in Road Reserves
7.14 Within the boundaries of formed roads and state highways pipeline construction and associated activities shall be limited to between the hours of 7am and 7pm Monday to Saturday (excluding public holidays) except:
a. Where otherwise stated in a Traffic Management Plan to the satisfaction of the roading authority submitted pursuant to Condition 2.4; or
b. With the prior written approval of the roading authority.
Length of Works in Roads
7.15 Within formed road reserves, all construction activities at any one location shall be limited to a linear distance of 500 metres except with the prior written approval of the roading authority.
Construction Activities on Private Property
7.16 Construction activities on land other than road and state highway shall be limited to the period between 1 October in any given year, and 30 April in the following year except with the prior written approval of the Council and the relevant property owner.
Pipeline Cover
7.17 Except as otherwise provided, the new pipelines shall have a minimum cover of at least 1.5 metres. In road and state highway reserves the minimum cover shall be at least 2.0 metres unless otherwise agreed with the roading authority.
Utility Services
7.18 The Requiring Authority shall liaise with the operators of existing utilities and pipelines located in or adjacent to the designation during the detailed design phase and subsequent construction processes and shall ensure that all existing pipelines and utilities are:
a. Accurately located prior to the preparation of the plans detailed in Condition 7.1. If necessary, this location work shall include exploratory excavation;
b. Either protected from any activity which may interfere with the proper functioning of the pipeline or utility or relocated to a location approved by the operator of that pipeline or utility;
c. If damaged, then repaired at the Requiring Authority’s expense, to the reasonable satisfaction of the affected pipeline or utility operator; and
d. Where practicable able to be accessed during construction.
Separation from Existing Utilities
7.19 Where existing pipelines and other buried utilities are encountered the new pipelines shall, where practicable be installed underneath them, with a minimum 500mm vertical separation. Where practicable a 1m horizontal separation shall be provided between the existing pipelines and other buried utilities and the new pipelines. If the minimum clearances cannot be achieved during construction, measures such as concrete protection slabs or similar barriers shall be provided to protect the existing pipelines and/or utility from damage as a result of installation of the new pipelines.
Construction Methods
7.20 The new pipeline shall be installed at crossings of sealed or paved roads and state highways for the full width of the reserve using trenchless construction techniques unless otherwise agreed with the roading authority. Where the Requiring Authority identifies that trenchless construction techniques are not feasible, it shall provide information to the roading authority for approval of alternative construction methods.
Existing Overhead Lines
7.21 All works or activities related to the designation shall be designed and undertaken in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances 2001 (NZECP 34:2001).
Noise
7.22 The noise from construction (including commissioning activities), shall be measured, assessed and controlled in accordance with the procedures set out in NZS 6803:1999 Acoustics – Construction Noise or alternative strategies shall be implemented for ensuring that the noise from such activities will be acceptable to the occupants of the dwellings.
Construction Noise Management Plan
7.23 The Requiring Authority shall submit a preliminary Construction Noise Management Plan to the Council three months prior to commencing construction. The Requiring Authority shall then submit a Construction Noise Management Plan in final form to the satisfaction of Council at least one month prior to commencing construction. The Plan shall be developed and implemented in accordance with Condition 7.23 for construction works along the pipelines and shall:
a. Identify all occupied dwellings which are located within 40 metres of any area to be used for pipeline construction and installation purposes;
b. Provide predicted construction noise levels for all dwellings identified in sub-clause (a);
c. Provide that the noise levels at the Henderson Valley (Taupaki) Compressor Station during the commissioning period, between 7pm and 7am (night time) shall not exceed 42 dBA (Leq) unless specific arrangements are made with residents; and
d. Specify mitigation measures needed to achieve compliance with Condition 7.23 for all dwellings where required, or alternative strategies for ensuring that construction noise levels will be acceptable to the occupants of identified dwellings.
Road Opening
7.24 All pipeline construction activities within formed road reserves shall be in accordance with the requirements of the Code of Practice for Working in Roads, published by the Auckland Utilities Group and held on the relevant Council File. The Requiring Authority shall submit a Road Opening Notice for each work location within the formed road reserve as required by Standards New Zealand Handbook ‘Code of Practice for Working in the Road’ SNZ HB 2002:2003 prior to work commencing at that particular location.
Utility Repairs
7.25 All repair works on existing public wastewater, stormwater and water mains shall be carried out by a Council-approved licensed contractor at the Requiring Authority’s expense.
Surplus Soil
7.26 Surplus soil may be dispersed on the site where it originated with the written consent of the relevant property owner, or if it is to be disposed of off-site, it shall be disposed of at a location approved by, and to the satisfaction of, the Council.
8. Heritage
Heritage and Cultural Survey
8.1 The Requiring Authority shall, not less than three months prior to the commencement of construction, undertake a detailed Heritage and Cultural Survey along the pipeline route, in consultation with the New Zealand Historic Places Trust, affected tangata whenua and the Department of Conservation, to confirm the location of any features of heritage and cultural significance. Before the commencement of construction, the Requiring Authority shall submit documentation to the Council advising the outcomes of that survey and specifically identifying:
a. Any features of heritage and cultural significance within or adjacent to the designation; and
b. Appropriate protection measures for those features or the provision of the relevant authority to modify damage or destroy any archaeological site from the New Zealand Historic Places Trust.
Heritage Protocol
8.2 Prior to commencement of construction, the Requiring Authority shall implement a protocol for management of construction activities where those activities are in close proximity to known cultural and/or heritage sites and for discovery of taonga, koiwi or artefacts during design and construction (“the Heritage Protocol”). The Heritage Protocol shall be based on the draft protocol contained in Appendix 11.2 of Volume 3 of the Notice of Requirement for Designation.
9. Henderson Valley (Taupaki) Compressor Station
Noise
9.1 Noise from activities other than construction (including commissioning), maintenance and repair within the Henderson Valley Compressor Station shall not exceed the following limits when measured at the outer boundary of the restrictive covenant surrounding the station site:
a. Day Time 7:00am - 7:00pm 40 dBA L10; and
b. Night Time 7:00pm - 7.00am 40 dBA L10.
Measurement of Noise
9.2 The noise levels required by Condition 9.1 shall be measured in accordance with the requirements of NZS 6801:1991 Measurement of Sound and assessed in accordance with the requirements of NZS 6802:1999 Assessment of Environmental Sound.
Predicted Noise Levels
9.3 The Requiring Authority shall submit to Council a report from a suitably qualified and experienced acoustic engineer that states that the predicted noise levels to be generated from activities within the site will comply with the noise levels required by Condition 9.1, and specifies details of noise control treatment, if necessary. The report shall be submitted to the Council in draft form at least three months prior to the commencement of any construction works at the Henderson Valley Compressor Station, and again in final form at least one month prior to the commencement of any construction works at the Henderson Valley Compressor Station.
Noise Report
9.4 The Requiring Authority shall submit a report by a suitably qualified and experienced acoustic engineer on the noise generated from the operation of the facilities at Henderson Valley Compressor Station within three months of completion of commissioning of the new facilities. The report shall detail the noise measurements and specify any noise control treatment identified that may be necessary.
Lighting
9.5 All lighting installed at Henderson Valley Compressor Station shall be sited and designed to ensure that illumination does not exceed 10 lux measured vertically at the boundary of the site.
Advice to Residents
9.6 The Requiring Authority shall no less than one week prior to it undertaking any 24 hour construction work at Henderson Valley Compressor Station, advise the Council and all owners and occupiers of all residential buildings located on properties within 300m of the site, if night lighting will be required.
10. Monitoring and Reinstatement
Reinstatement Management Plan
10.1 For land other than formed road, state highway and rail reserves, the Requiring Authority shall submit a preliminary Reinstatement Management Plan to the Council three months prior to the commencement of construction and again in final form to the Council at least one month prior to the commencement of construction. The Plan shall provide a written and photographic record of the area affected by works and shall include the procedures, methods and measures to be applied to address:
a. Reinstatement of affected areas to pre-existing conditions;
b. Reinstatement of existing utilities including property infrastructure; and
c. Post construction monitoring measures to monitor effectiveness of the reinstatement measures.
The reinstatement measures identified in the Reinstatement Management Plan shall encompass the measures set out in Appendix 17 to the NOR (unless alternative measures are approved in writing by the relevant property owner). These reinstatement measures shall be implemented as soon as practicable after areas become available for reinstatement due to the progress of the works.
Monitoring
10.2 For land other than formed road, state highway and railway reserves, the Requiring Authority shall monitor reinstated areas at three monthly intervals for a period of 12 months after construction and six monthly for the following 12 months. The Requiring Authority shall submit a Reinstatement Report to the Council within one month of completion of each monitoring inspection. The Requiring Authority shall as soon as practicable undertake any remedial work identified in the Reinstatement Report as necessary to achieve the outcomes specified in the Reinstatement Management Plan submitted pursuant to Condition 10.1.
Reinstatement in Roads
10.3 Where the designation is within formed roads and state highways, the Requiring Authority shall engage a Council and NZTA approved suitably qualified roading engineer to undertake a before and after construction assessment based on a Road Asset Management rating survey of every formed road in which the pipelines are located. The consultant shall prepare an Initial Road Reinstatement Report as soon as practicable after completion of construction works and submit that report to Council and NZTA. The Requiring Authority shall as soon as practicable as required by the roading authority undertake any remedial work identified in the Initial Road Reinstatement Report as necessary to ensure that the roads are reinstated to the same standard as prior to construction.
Monitoring within Roads
10.4 Within formed road reserves and state highways, the Requiring Authority shall monitor the areas where work has been undertaken pursuant to the Initial Road Reinstatement Report at three monthly intervals for a period of 12 months after remediation. The Requiring Authority shall submit a Further Road Reinstatement Report to the roading authority within one month of completion of each monitoring inspection. The Requiring Authority shall as soon as practicable as required by the roading authority undertake any remedial work identified in any Further Road Reinstatement Report as necessary to ensure that the roads are reinstated to the same standard as prior to construction.
Specifications
10.5 The Requiring Authority shall submit to the roading authority a detailed specification of any road works reinstatement undertaken within three months of completion of the works.
11. Completion
As-built Drawings
11.1 The Requiring Authority shall submit to the Council detailed as-built pipeline drawings within three months of the commissioning of the new pipelines. The as-built drawings shall include geodetic coordinates for all key locations in an agreed electronic format.
12. Maintenance, Repair, Upgrading and Renewal
Engineering Standards
12.1 All works in, on or under Council roads shall be carried out in accordance with industry best practice.
Road Opening
12.2 Any maintenance, repair, upgrade or renewal works associated with the pipelines within public roads within the designation shall be carried out in accordance with the document “Working in the Roads Requirements” and a Road Opening Notice obtained from the Road Controlling Authority prior to the works commencing.
Pipeline Maintenance
12.3 All pipeline maintenance, repair, upgrade and renewal activities outside road reserves shall be in accordance with the “Guide to Land Access for the Oil and Gas Industry and Landowners” published in 2002
Utility Services
12.4 Any utilities within the designation shall be protected from the adverse effects of maintenance, repair, upgrade or renewal works.
Overland Flow Paths
12.5 Existing overland flow paths shall not be impeded by any maintenance, repair, upgrade or renewal works carried out within the designation.
Existing Overhead Lines
12.6 All works or activities related to the designation shall be undertaken in compliance with the New Zealand Code of Practice for Electrical Safe Distances (NZECP 34:2001).
Earthworks
12.7 Where works involving excavation are undertaken pursuant to the designation, appropriate sediment and erosion measures shall be employed. Prior to any earthworks within the designation the appropriate sediment control devices shall be installed in accordance with industry best practice.
Hours of Maintenance
12.8 Scheduled maintenance, repair, upgrade and renewal work and associated activities shall be limited to between the hours of 7am and 7pm, Monday to Saturday (excluding public holidays) unless the prior approval of the Council has been obtained, except in the event of an emergency.
Noise
12.9 The noise from maintenance, repair, upgrade and renewal activities shall be measured, assessed and controlled in accordance with the procedures and limits set out in NZS 6803:1999 Acoustics – Construction Noise.
Consultation with NZTA
12.10 Vector shall consult with the New Zealand Transport Agency (NZTA) at least 30 working days prior to carrying out any works or activities on, in or under State Highways, except in emergency situations.
Consultation with NZRC
12.11 Vector shall consult with The New Zealand Refining Company Limited (NZRC) at least 30 working days prior to carrying out any works or activities on, in or under NZRC’s existing pipeline easement, except in emergency situations.
Maintenance
12.12 Where any maintenance, repair, upgrade or renewal works result in amendments to the as-built pipeline alignment drawings, updated drawings shall be provided to the Council within three months of the commissioning of those new works.
Written Approval from the Requiring Authority
12.13 The Requiring Authority shall respond within 15 days of receiving any request for its written approval under section 176 of the Resource Management Act.
13. Post Construction Restrictions
13.1 No person shall:
a. Erect any building or structure; or
b. Erect a fence with supports which extend more than 0.4m into the ground from the surface; or
c. Plant any tree or shrub; or
d. Disturb the soil below a depth of 0.4m from the surface; or
e. Do anything on or to the land which would or could damage or endanger the pipelines within the designated corridor without first obtaining the written consent of Vector.
For the avoidance of doubt, such written consent shall not be required for ordinary cultivation, digging, excavating, tilling and working soil to a depth of less than 0.4m or where Vector has provided specific written approval prior to the designation coming into effect. A minimum of 1.5m cover shall remain above the top of the pipe after any ordinary cultivation, digging or excavation has taken place.
Landowners and/or developers can apply to Vector for consent to do any work on the land within the designation corridor. Vector will review each application with the landowner and/or developer and work to achieve the most suitable outcome for all parties. Vector may give its written consent subject to reasonable circumstances. Vector agrees to not unreasonably withhold its consent.
Works or activities that would or could damage or endanger the pipeline include, for example, the use of heavy compaction or vibration machinery and equipment, pile-driving machinery and equipment, trenching, excavation or drilling (including micro drilling and directional drilling).
13.2 No person shall undertake road opening, trenching, excavation or drilling (including micro drilling and directional drilling), or lay underground high voltage power lines >450v either in parallel with or intersecting Vector’s pipelines, without first obtaining Vector’s written approval.
13.3 However, the restrictions in 13.1 and 13.2 above do not apply, and Vector’s consent is not required under section 176 of the Resource Management Act 1991 to the following activities:
a. Any works authorised by an earlier designation.
b. Any repair, maintenance or upgrade to any existing network utility infrastructure, provided that:
- A Road Opening Notice has been obtained from the Auckland Council; and
- Soil is not disturbed below a depth of 0.4m from the surface; and
- After works, the finished surface level is not reduced below the pre-existing surface datum.
Where works other than those authorised by an earlier designation would exceed a depth of 0.4m from the surface and/or after completion of such works the finished surface level is proposed to be reduced below the pre-existing surface datum then application shall be made to Vector for consent to do the works. Vector will review each application with the applicant and work to achieve the most suitable outcome for all parties. Vector may give its written consent subject to reasonable circumstances. Vector agrees to not unreasonably withhold its consent.
Advice Notes
1. Access to overhead electricity transmission lines, poles or supporting structures shall be maintained at all times in accordance with the Electricity Act 1992.
2. Any new structures within the designation corridor may be subject to a Building Consent where applicable.
3. Guidelines for consultation, agreement for entry for construction and grant of easement, and construction damage release are contained in the Guide to Land Access for the Oil and Gas Industry and Landowners published by Federated Farmers of New Zealand Incorporated in 2002. Vector is encouraged to engage in a review of the Land Access Code with Federated Farmers.
4. Where this designation traverses land that was designated pursuant to section 176 and 177 of the Resource Management Act 1991 prior to the date of this designation (such as Public Road, Railway, the New Zealand Refining Company Ltd and NZTA designations and state highways which are protected pursuant to sections 51 and 52 of the Government Roading Powers Act 1989), the Requiring Authority may only carry out its activities with the written consents of the earlier requiring authority.
5. The Requiring Authority is obliged to operate the pipelines and ancillary facilities in accordance with the requirements of NZ/AS2885: Pipelines – Gas and liquid petroleum, and the Health and Safety in Employment (HSE) Pipelines Regulations 1999 and any relevant provisions of the Crown Minerals Act 1991.
6. All necessary consents must be obtained from
the Auckland Council prior to the construction of the new facilities. Consultation with affected parties is recommended as part of obtaining these consents.
7. It is possible that archaeological sites may be affected by the proposed work. Evidence of archaeological sites may include burnt and fire cracked stones, charcoal, rubbish heaps including shell, bone and/or glass and crockery, ditches, banks, pits, old building foundations, artefacts of Māori and European origin or human burials. The requiring authority is advised to contact the New Zealand Historic Places Trust if the presence of an archaeological site is suspected. Work affecting archaeological sites is subject to consent process under the Historic Places Act 1993. If any activity associated with this proposal, such as earthworks, fencing or landscaping, may modify, damage or destroy any archaeological site(s), an authority (consent) from the New Zealand Historic Places Trust must be obtained for the work to proceed lawfully. The Historic Places Act 1993 contains penalties for unauthorised site damage.
8. Emergency works may be performed in line with the Vector advice booklet by excavation to 0.4m depth and thereafter the use of hand tools only. Emergency operations should be notified immediately to Vector or their agent who provide an on-call service outside of normal working hours.
9. Pursuant and subject to s. 36 RMA the actual and reasonable costs incurred by the Council in monitoring conditions of the designation shall be paid by the Requiring Authority.
10. Vector has given an undertaking that following construction of, and registration of an easement over, the new pipelines, it will give notice under s. 182 RMA removing part of the designation so that the width of parts of the designation is reduced as set out in s. 2.7 of Volume 2 of the Notice of Requirement.
11. Once notice has been given by Vector in accordance with condition 6.2, the Council and Vector shall meet to discuss the requirements of any updated documents referenced within the designation conditions (conditions 7.3, 7.6, 7.7, 7.9, 7.22, 7.25, 9.2, 12.1, 12.3, 12.6, 12.7). Vector shall consider the relevance of the updated documents and the implications which the changes may have on Vector’s proposal, and advise the Council of these. Vector’s agreement to comply with the requirements of any updated documents shall not be unreasonably withheld.
Attachments