7 FEBRUARY 2013 NEW ZEALAND GAZETTE, No. 13 445

(3) In clause 9(2) "Water rights" is deleted and replaced with "Resource consents under the Act" and "and general authorisations shall not be so made" is deleted.

(4) Clause 9(3) is amended by:

(a) Deleting "water rights" and substituting "resource consents".

(b) Deleting "section 21 of".

(c) Deleting ", and general authorisations under section 22 of the Act shall not be made,".

(d) Deleting "rights or authorisations" and substituting "resource consents".

(5) Clause 9(4) is amended by:

(a) Deleting "Water rights" and replacing it with "Resource consents under the Act"; and

(b) Deleting "so"; and

(c) In subclause (c) inserting the words "or the Act" after "1941"; and

(d) In subclause (d) deleting "Ellesmere County" and replacing it with "Selwyn District"; and

(e) Inserting the following as subclause (f); and

(f) the Lake Coleridge Project, as provided for in clause 9A(1).

11. New clause 9A

The following is inserted as clause 9A:

9A Lake Coleridge Project

(1) Nothing in this order shall restrict the granting of resource consents, or variation of existing resource consents, to enable the Lake Coleridge Project as defined in clause 2 of this order, provided that the outstanding characteristics and features recorded in clause 3 of the order are recognised and sustained and provided that:

(a) the Coleridge HEPS continues to operate,

(b) the Lake Coleridge project be operated such that the discharge from the Lake into the Rakaia River at or above the Coleridge HEPS shall not fall below 45% of the inflows to Lake Coleridge, both inflows and outflows being calculated as the 2-yearly rolling average of daily flows; and

(c) whenever the Coleridge HEPS ceases to discharge water to the Rakaia River for more than 24 hours and the Rakaia River flow is within 30 cumecs of the minimum gorge flow prescribed in this order, the operator shall take immediate steps to shut off the Harper and Wilberforce diversions

(2) Subject to clause 2A, the maximum rate at which water can be discharged from Lake Coleridge through any canal constructed as part of the Lake Coleridge Project is 25 cubic metres per second, and the total maximum discharge rate from Lake Coleridge through the Lake Coleridge Hydroelectric Power Scheme and any canal constructed as part of the Lake Coleridge Project is 65 cubic metres per second.

(2A) If the flow is measured at the recorder site maintained by the National Institute of Water and Atmospheric Research Limited at Fighting Hill (map reference K35:997437 on Map series NZMS260 for the preceding day) is more than 10 cubic metres per second below the minimum flow set out in clause 7 of this order then, during the next calendar day, only Stored Water may be released from Lake Coleridge along the canal referred to in clause 9A(2) above.

(2B) Prior to applying for any resource consents pursuant to clause 9A(1), the enhancement fund must be established and an agreement must have been concluded with Canterbury Regional Council for the receipt, on an annual basis, of the hapua management fund.

(3) Records shall be kept by the operator of the Lake Coleridge Hydroelectric Power Scheme enabling the calculation of the:

(a) Stored Water within Lake Coleridge;

(b) Stored Water that has been discharged from Lake Coleridge;

(c) water (including Stored Water) being diverted into any canal from Lake Coleridge.

(4) For the purposes of this order, and except as specified in clause 7(5), any abstractions or diversions of any water (including Stored Water) from any conveyance infrastructure constructed as part of the Lake Coleridge Project (other than water being discharged back into the Rakaia River from any such conveyance infrastructure) shall be treated as if those abstractions or diversions were from the Rakaia River between the Rakaia Gorge Bridge referred to in clause 2 of this order and the sea.

12. Scope

Clause 10 is amended as follows:

(1) In clause 10(1) "second proviso to" is deleted and replaced with "proviso in".

(2) In clause 10(1) "21(1)" is deleted and replaced with "14(3)(a)(b) or (e)".

13. New clause 11

The following is inserted as clause 11:

11 Restrictions on rules

(1) No rule in a regional plan shall classify an activity as permitted which, if it required resource consent, would be prohibited by this order.

Given under the hand of His Excellency the Governor-General of New Zealand, Jerry Mateparae, on the 4th day of February 2013.

[L.S.]

MARTIN BELL, Clerk of the Executive Council.

*SR 1988/241