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How the National Environmental Standards deal with electricity transmission activities (11 of 12)

These pages set out aspects of the NES that Transpower and councils need to consider for transmission activities.

  1. Summary of the NES
  2. Operation of existing transmission line and use of access tracks
  3. Overhead conductors and adding overhead circuits
  4. Earthwires and telecommunications cables
  5. Work on underground conductors / Taking existing overhead transmission lines underground
  6. Increasing voltage or current rating / Electric and magnetic fields
  7. Transmission line support structures — alteration, relocation, and replacement / Temporary / Removal
  8. Telecommunications and signs / Devices / Signs
  9. Discharges
  10. Trimming, felling, and removing trees and vegetation
  11. Earthworks
  12. Noise and vibration from construction activity

Earthworks

The NES replaces earthworks rules in district plans relating to electricity transmission. Earthworks rules in regional plans continue to apply to transmission activities as they cover different matters to district earthworks rules. There is potential for both NES earthworks regulations and regional rules to apply to the same activity, if they address different aspects of that activity.

Refer to Managing earthworks under the RMA on the Quality Planning site.

Earthworks are required for many activities related to the transmission network such as (but not limited to) the maintenance and construction of access tracks, foundation strengthening, platforms for machinery, to enable transmission line support structures to be altered, replace or relocated and to enable the construction of temporary structures and temporary line deviations. 

Explanation: earthworks permitted

Earthworks are permitted provided they comply with the permitted activities conditions in regulation 33. The conditions require:

The conditions also require that earthworks not be carried out in a historic heritage area, unless they are carried out on an archaeological site in accordance with the Historic Places Act 1993 - regulation 33(8).  This means that an archaeological authority must be obtained before disturbing an archaeological site.

Earthworks in a historic heritage area that is not an archeological site will be restricted discretionary. A historic heritage area is defined in the NES as an area that is protected by a rule because of its historic heritage (as defined by the Resource Management Act 1991). This includes an area that is protected by a rule because it is a site of significance to Māori.

Explanation: earthworks controlled

Earthworks will be controlled if they breach the permitted activity conditions - regulation 33 (2) to (7), but must comply with conditions (8) and (9) described above. Control is reserved over the:

  • extent and nature of a disturbance
  • methods and management of earthworks
  • erosion and sediment control and restoration of the land
  • visual, landscape and ecological effects and effects on historic heritage
  • effects on drainage and flooding.

Explanation: earthworks restricted discretionary

Earthworks are restricted discretionary - regulation 35 - if located in a historic heritage area, but not authorised by an archeological authority - regulation 33(8). The local authority has discretion to take account of any of the matters listed above for controlled activities in determining whether to grant the consent, and in setting conditions.

Earthworks on potentially contaminated land

Regional council rules relating to earthworks on potentially contaminated land will still apply. District council rules will be superseded by the NES.

Explanation: earthworks on potentially contaminated land

Earthworks on land that a local authority has identified as containing, or potentially containing, contaminants that pose a risk to the environment are now a restricted discretionary activity - regulation 36.

The local authority has discretion to take account of any of the following matters in determining whether to grant the consent, and in setting conditions on:

  • restoration of the land
  • methods and management of the earthworks
  • extent and nature of disturbance in relation to ecological and health effects.

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Last updated: 18 January 2010