There is serious harm to indigenous flora and fauna and to their habitats due to hydropeaking where:
- the flow rate for upsurge is at least 1.5 times greater than for downsurge; and
- the site-specific quantity, composition and diversity of the plant and animal communities are changed to their detriment, in particular because regularly and in an unnatural manner fish are run ashore, fish spawning grounds are destroyed, aquatic animals are washed away, turbidity arises or the water temperature is altered in an unlawful manner.