*Originally published by David Cooper, Principal Advisor for Federated Farmers.
Intensive Winter Grazing is subject to new rules under the new National Environmental Standards for Freshwater Regulations 2020 (NES). These are national rules, so impact everybody who intensively grazes stock over winter.
If intensive winter grazing cannot meet all specified permitted activity conditions it will require a consent. Importantly, if you have not wintered stock on your property within the past five years, a discretionary resource consent will be required.
What is intensive winter grazing?
New definitions for ‘intensive winter grazing’ and ‘annual forage crop’ effectively mean intensive winter grazing is any grazing on in situ crop (other than pasture) between 1 May and 30 September in the same year.
Permitted activity – what you can do without needing resource consent
From now until 2025, you can only winter stock on your farm if it has been used for intensive winter grazing between 1 July 2014 and 30 June 2019, and the area of the farm used for intensive winter grazing must be no greater than that used over that prior period.
There are two scenarios under which your intensive winter grazing can meet the permitted activity requirements:
Permitted activity scenario 1:
You have used the same (or less) area of intensive winter grazing on farm, over the five previous winters, and meet all of the permitted activity standards outlined below:
- The area of the farm used for intensive winter grazing must be less than or equal to 50ha or 10% area of farm, whichever is greater, AND
- The mean slope of a paddock used for intensive winter grazing must be less than or equal to 10 degrees, and:
- On a paddock used for wintering, pugging at any one point must be less than or equal to 20cm; AND ALL pugging must not be more than 50% of the paddock; AND
- Livestock must be more than 5m from the BED of any river, lake, wetland or drain (even when dry); AND
- Any land used for intensive winter grazing must be replanted after livestock have grazed the crop by 1 October of that year (unless you’re within Otago Regional Council or Environment Southland boundaries, in which case you have to replant by 1 November each year for the next three winters).
Compliance officers can seek reasonable details from you around (a), (d) and (e) above.
Permitted activity scenario 2:
You have used the same (or less) area of intensive winter grazing on farm, over the five previous winters, and have a certified Freshwater Farm Plan that includes intensive winter grazing, and the certifier of that plan certifies that the adverse effects are no greater than those provided for as the permitted activity conditions outlined in scenario 1 (a) to (e).
Restricted discretionary consent conditions
If you are planning to use the same (or less) area for intensive winter grazing on your farm, that you did over the five previous winters, but cannot meet the permitted activity standards outlined above, you can apply for a restricted discretionary consent but must provide sufficient information with your application so that Council can consider:
- the adverse effects of the activity on ecosystems, freshwater, and water bodies:
- the adverse effects of the activity on the water that affect the ability of people to come into contact with the water safely:
- the adverse effects of the activity on Māori cultural values:
- the susceptibility of the land to erosion, and the extent to which the activity may exacerbate or accelerate losses of sediment and other contaminants to water:
- the timing and appropriateness of the methods (if any) proposed to avoid, remedy, or mitigate the loss of contaminants to water.
Discretionary activity consent
If the land on your farm has not been used for intensive winter grazing in the period 1 July 2014 to 30 June 2019, or if the area of the farm you are intending to use for intensive winter grazing is greater than that used for intensive winter grazing in the period 1 July 2014 to 30 June 2019, you need to apply for a discretionary consent.
When you apply for a discretionary consent you must show that the intensive winter grazing planned will not result in an increase in:
- Contaminant loads in the catchments (compared to those at end of 2 Sep 2020); AND
- Will not result in an increase in concentrations of contaminants in freshwater or other receiving environments (including the coastal marine area or geothermal water) compared to concentrations at close of 2 September 2020.
Any discretionary activity consents can only be granted for a term that ends before January 2031.
Answers to frequently asked questions
The paddocks I’m wanting to graze on are not mapped as low slope land on MFEs maps, but they’re on the plains? Can I still winter graze there?
No. The ‘low slope’ maps for stock exclusion appear to be based on the land parcel, not particular paddocks. You will still be required to work out the average slope of the specific paddock you are winter grazing in.
How do I work at the average slope of a paddock I’m wanting to intensive winter graze?
There is no direction on this in the NES or supporting documents. We are seeking clarity from the Ministry for the Environment and the Ministry for Primary Industries in this regard.
Where do I measure the bed of a river, lake, drain or wetland from?
There is no direction on this in the NES or supporting documents. We are seeking clarity from the Ministry for the Environment – but in most cases, it will be from the outer edge of the river bank where there is one.
Are my artificial drains captured?
It depends on what the drain is used for. If it is used for the drainage of surface or subsurface water, then it is captured and you need a 5m setback from the bed of that drain, to meet the permitted activity conditions. If the drain is used for the conveyance of water for electricity generation, irrigation, or water supply purposes, then it is not captured in the conditions and you do not have to have a 5m setback under the permitted activity conditions.
I cannot meet the permitted conditions, how do I know if there will be an effect on Māori cultural values?
Assessing the potential effect on Māori cultural values will require engagement with local Iwi, and those values will be specific to each river, lake or wetland.
If I haven’t winter grazed the property since 2013, can I do that now?
You will need to apply for a discretionary consent and meet the requirements for that.
I haven’t wintered my animals on this farm block before, how do I show that there won’t be an increase in catchment contaminant loads or concentrations into freshwater? How is this measured?
You will require an environmental assessment, which will have to reflect previous land use as a benchmark. Because the wording of the rule does not reflect any degree or scale of increase, it will be difficult to demonstrate this. The ability to meet this condition will be heavily contingent on your regional council having sufficient information. Again, this is an area we are seeking clarity on, from the Ministry for the Environment.
Are there reasonable exemptions for pugging around water troughs, hay bales or other areas in which supplementary feed is used?
No. Unfortunately, the regulations have not provided for common sense exemptions and do not factor in practical difficulties of farming.