Resource Management (National Environmental Standards for Freshwater) Regulations 2020

Subpart 3—Intensive winter grazing

26 Permitted activities

(1)

The use of land on a farm for intensive winter grazing is a permitted activity if it complies with the applicable condition or conditions.

(2)

The following discharge of a contaminant is a permitted activity if it complies with the applicable condition or conditions:

(a)

the discharge is associated with the use of land on a farm for intensive winter grazing; and

(b)

the discharge is into or onto land, including in circumstances that may result in the contaminant (or any other contaminant emanating as a result of natural processes from the contaminant) entering water.

Conditions

(3)

The condition is that the intensive winter grazing must be undertaken in accordance with the farm’s certified freshwater farm plan if—

(a)

the farm has a certified freshwater farm plan that applies to the intensive winter grazing; and

(b)

a certifier has certified that the adverse effects (if any) allowed for by the plan in relation to the intensive winter grazing are no greater than those allowed for by the conditions in subclause (4).

(4)

In any other case, the conditions are that,—

(a)

at all times, the area of the farm that is used for intensive winter grazing must be no greater than 50 ha or 10% of the area of the farm, whichever is greater; and

(b)

the mean slope of a paddock that is used for intensive winter grazing must be 10 degrees or less; and

(c)

on a paddock that is used for intensive winter grazing,—

(i)

pugging at any one point must not be deeper than 20 cm, other than in an area that is within 10 m of an entrance gate or a fixed water trough; and

(ii)

pugging of any depth must not cover more than 50% of the paddock; and

(d)

livestock must be kept at least 5 m away from the bed of any river, lake, wetland, or drain (regardless of whether there is any water in it at the time); and

(e)

the land that is used for intensive winter grazing must be replanted as soon as practicable after livestock have grazed the land’s annual forage crop (but no later than 1 October of the same year).

(5)

But see regulation 29 (permitted activities and restricted discretionary activities: temporary further conditions).

Enforcement officer may require information

(6)

A person undertaking a permitted activity under this regulation must provide any information reasonably required by a regional council enforcement officer for the purpose of monitoring compliance with the condition in subclause (4)(a), (d), or (e).

Temporary extension for replanting on farms in Otago and Southland

(7)

If the farm is in the region of the Otago Regional Council or the Southland Regional Council, the latest date by which the land must be replanted under subclause (4)(e) is 1 November of the same year (rather than 1 October).

(8)

This subclause, subclause (7), and the heading above subclause (7) are revoked on 1 May 2024.

Regulation 26(4)(c)(i): replaced, on 28 August 2020, by regulation 6 of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2020 (LI 2020/228).