Proposed Marine, River and Lake Facilities Bylaw 2017

The Council is consulting on a proposed replacement bylaw to regulate marine, river and lake facilities.

Consultation on the proposed Marine, River and Lake Facilities Bylaw 2017 has now closed. 

Submissions were heard in October 2017.  The Hearings Panel reported back to Council on 23 November 2017, recommending the Council adopt the proposed bylaw, with amendments as a result of consultation. The Council adopted the bylaw which will come into force on 1 March 2018.  The final form of the bylaw will be put on this website when it has been formally adopted, and will replace the 2008 bylaw. 

[item 28 on the agenda(external link)]

 

The current Marine and River Facilities Bylaw 2008 has been reviewed, and the proposed new bylaw would revoke and replace it.

 The proposed replacement bylaw:

• covers Council marine, river and lake facilities that provide access to the water or over the water (such as wharves, jetties, boat ramps and associated areas or structures)
• regulates activities that may occur on, near or around the facilities
• seeks to balance recreational and commercial use and access
• aims to prevent damage to the facilities, to protect health and safety, and to reduce nuisance.

Changes between the proposed bylaw and the current bylaw

 In summary, the changes from the current bylaw are:

• Commercial use of facilities: Still requires permission from the Council. Extends the definition to include hiring of equipment that utilises facilities, and to ensure all other known commercial activities are included.

• Vehicles on wharves: Moves to place tighter controls on vehicle use to balance commercial and recreational / pedestrian access, and to ensure alignment with structural tolerances. Vehicles are only allowed if ‘actively involved’ in servicing a business or undertaking maintenance. Vehicles cannot be left unattended on a wharf.

• Time limits and attendance requirements for mooring vessels: Moves to place tighter controls on mooring at the four busiest wharves to balance commercial and recreational access (Akaroa, Daly’s, Wainui and Diamond Harbour Wharves).  Places time limits on mooring to access points (one hour, and only when actively using the access point), and mooring to wharves generally (two hours), for the four busiest wharves. Retains the requirement that vessels must be attended when moored at any wharf or jetty.  Allows exceptions with written approval. 

The new areas of coverage for the proposed replacement bylaw are:

• Organised events: Requires anyone wanting to undertake an organised competition, lesson, club or training event that utilises a facility to get permission from the Council, if that use is likely to reduce access for the general public, or raise any health and safety issues due to the anticipated participant or supporter numbers.  Similar to a clause in the Parks and Reserves Bylaw. Health and safety, prevent damage, balance fair use.
• Signage at facilities: Requires permission to advertise or otherwise display signage in connection with a facility. To prevent obstructions, protect health and safety, prevent damage (from affixing to facilities). Also to avoid proliferation. Links to commercial activities and to organised events. Also to coordinate signage from other regulators.
• Refuelling: Requires those refuelling to take all reasonably practicable steps to ensure it does not endanger facility users or contaminate or damage the facility. Requires written permission to refuel a vessel for commercial purposes. Protects health and safety, protects facilities from damage.
• Storage at facilities: Increased clarity by expanding the current clause on obstruction to cover storage in, on, around or near facilities. Aligns with a similar clause in the Parks and Reserves Bylaw. Storage restriction linked to obstruction or health and safety concerns.
• Closing or restricting access to facilities: To prohibit public access when the Council has closed a facility (eg due to structural damage) and has put up signage.  Allows access for assessments, repairs and maintenance. Protect health and safety.
• Damage: New clause to prevent damage. Similar to a clause in Parks and Reserves Bylaw.
• Fishing from facilities and no fishing zones: New requirements when fishing from a facility, and new ability to create ‘no fishing zones’ to protect health and safety, against nuisance and to protect facilities from damage. Proposes a ‘no fishing zone’ in the Central City (from facilities, not the riverbank as a whole).
• Permissions: New section to cover all permissions required under the bylaw.

There are no substantial changes to the coverage of:

• Size of vessels (mooring): Remains 10 metres for vessels and 15 metres for yachts, or permission
• Adverse weather conditions: No mooring if it could cause damage
• Obstruction of facilities: Continues to prevent obstructing reasonable access to facilities.

Other impacts

Any approvals, agreements, licences, leases or permissions will continue under the new bylaw, but will need to be looked at to see whether they align with the new bylaw, or whether there will need to be some changes or updates. 

What the bylaw does not cover

The bylaw does not cover maintenance or repairs.  The allocation of money for maintenance is part of the Council’s annual and long term planning decision-making process.

Activities on the water (such as boat safety, life jackets, boating lanes and speed limits) are regulated by the Canterbury Regional Council, Environment Canterbury (ECan), via the Harbour Master.  Details can be found in ECan’s Navigation Safety Bylaw 2016.

Lyttelton Port of Christchurch (LPC) land, operational areas and activities are excluded from the bylaw’s coverage as they are covered by port-related legislation. 

The bylaw does not cover privately owned facilities.

Limits to what the bylaw can cover

The coverage of this bylaw is limited by the bylaw-making powers in the Local Government Act 2002. 

 The relevant powers allow councils to make bylaws to:

• protect the public from nuisance (section 145(a))
• protect, promote, and maintain public health and safety (section 145 (b)), and
• manage, regulate against, or protect from, damage, misuse, or loss, or for prevent the use of, the land, structures, or infrastructure associated with… land under the control of the territorial authority (section 146(b)(vi)).

Share your views with us 

Your views on the proposed Marine, River and Lake Facilities Bylaw are important to us, and we encourage you to share your views with us. Anyone can make a submission on any aspect of the bylaw. Written submissions can be made to the Council up until 5pm on Sunday 6 August 2017.

If you would like any further information the following document links are available for you to view.

• the consultation information and proposed replacement bylaw [PDF, 1.6 MB]
• the bylaw that would be revoked [PDF, 30 KB] by the replacement bylaw 
• The Council report(external link) adopting the proposed replacement bylaw for consultation (agenda item 10)

Timelines 

• Submissions close 6 August 2017
• The Council will consider all submissions, make a decision and let submitters know the outcome
• The date of hearings is yet to be confirmed but is expected around late October 2017
• A new bylaw may be in place in time for summer.