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 slope of any land under an annual forage crop that is used for intensive winter grazing must be 10 degrees or less, determined by measuring the slope over any 20 m distance of the land; and

(c)
[Revoked]

(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)

on and from 1 May to 30 September of any year, in relation to any critical source area that is within, or adjacent to, any area of land that is used for intensive winter grazing on a farm,—

(i)

the critical source area must not be grazed; and

(ii)

vegetation must be maintained as ground cover over all of the critical source area; and

(iii)

maintaining that vegetation must not include any cultivation or harvesting of annual forage crops.

(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 this regulation.

(7)

[Revoked]

(8)

[Revoked]

Regulation 26(4)(b): replaced, on 1 May 2022, by regulation 6(1) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(4)(c): revoked, on 1 May 2022, by regulation 6(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(4)(e): replaced, on 1 May 2022, by regulation 6(3) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(6): amended, on 1 May 2022, by regulation 6(4) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(7) heading: revoked, on 1 May 2022, by regulation 6(5) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(7): revoked, on 1 May 2022, by regulation 6(5) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 26(8): revoked, on 1 May 2022, by regulation 6(5) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).