Chapter 26 - General Rules 26.1.1.4 Non-Complying Activities Application must be made for a resource consent for a Non-Complying Activity for the following: a) Any surfacewater take and use for a Category 3 river (excluding the Rai, Pelorus, Kaituna rivers and their tributaries) as identified in Appendix I and the Ecology Maps in Volume Three shall be deemed to be a Non- Complying Activity. b) Any surfacewater take and use not provided for as a Permitted, Controlled or Discretionary Activity shall be deemed to be a Non-Complying Activity. c) Any Permitted, Controlled or Discretionary Activity which cannot comply with the specified Conditions and/ or Standards and terms. 26.1.2 Transfer of a Water Permit 26.1.2.1 Discretionary Activity Application must be made for a resource consent for a Discretionary Activity for the transfer of a water permit. 26.1.2.1.1 Standard The water permit is transferred within the same aquifer or catchment area. 26.1.2.1.2 Resource Consent Conditions Any resource consent may include conditions relating to one or more of the following in addition to those contained in section 108 of the Act. a) Permit terms and review periods; b) Monitoring requirements; c) Rationing requirements; and d) Circumstances where permits may be revoked. 26.1.3 Damming, Diversion (Including the Placement of Any Structure in Fresh Water) 26.1.3.1 Permitted Activity The damming of any stream is a Permitted Activity subject to the following conditions: 26.1.3.1.1 Conditions a) That the damming of any stream shall not deprive any person of water reasonably required for that person’s domestic water supply or stock drinking water requirements or fire-fighting needs. b) That the damming shall not significantly adversely affect the suitability of water needed for any other authorised use. c) That the damming shall not have any adverse effect on any flora or fauna values. 26 - 3