Essential Freshwater Package

In August 2020, the Government announced changes to the National Policy Statement for Freshwater Management (NPS-FM), the National Environmental Standard for Freshwater (NES) and changes to the Resource Management Act.

We are well underway with detailed analysis of these changes. There are a number of areas within the NES that come into force on 3 September 2020. We are prioritising this analysis – which means we’ll be able to provide more comprehensive guidance on the regulations relating to changes to wetlands and rivers, intensive winter grazing, intensification, stockholding areas and stock exclusion

We will be coordinating with industry groups, business, consultants and others to discuss the requirements and get their input into solutions that could work for Southland.

We know there’s a lot of confusion and anxiety about these changes and what they mean, so we’re going to share as much information as we can, as often as we can, in clear and meaningful ways.

Find answers to your questions about the Essential Freshwater package here.

This timeline shows which rules come into effect when.

Advice - intensive winter grazing

If you carried out winter grazing in 2020 and you're not planning on making any changes to the scale, scope or intensity of your wintering, then you may have what's called 'Existing use rights'.

If this applies to your situation, this means that there is a 6-month period from the point when the wintering regulations come into force - 1 May 2021 - to apply for consent. You may be able to carry out your winter grazing next year, but you may need to apply for a consent under the new rules by 31 October 2021.

If you're thinking ahead or you don't have existing use rights - check out the handy Guide to intensive winter grazing without a consent. This outlines all the criteria you need to meet to winter graze without a consent.

Advice - Stock exclusion

Stock exclusion from waterways is required under both the proposed Southland Water and Land Plan and the regulations that form part of the Essential Freshwater package.

The rules in Southland’s proposed plan and the national regulations do not fit well together, so if you’d like to chat through your specific situation, please give our consents team a call on 0800 76 88 45.

Check out this factsheet for more information on our rules and those in the national legislation > Download the stock exclusion factsheet.

Advice - nitrogen cap

The National Environmental Standards for Freshwater has introduced a limit to the amount of nitrogen applied to land.

From July 2021 if the use of nitrogen fertiliser on pastoral land exceeds 190 kg/ha/year then a consent will be required. This cap does not apply to arable or horticultural land use.

If you need a consent you will need to show that:

through a synthetic nitrogen reduction plan you will reduce your fertiliser use each year so by July 2023 it is no longer exceeding the cap; or
by ensuring the rate at which nitrogen may enter water does not exceed the baseline rate (the rate of nitrogen entering water if the nitrogen cap is met).

The standards in the National Environmental Standards are in addition to the permitted activity criteria in the proposed Southland Water and Land Plan and any discharge of fertiliser still needs to meet the conditions in Rule 14.

New reporting requirements

The National Environmental Standards require any person operating a dairy farm to report to Council each year on their nitrogen fertiliser use. This reporting includes information on the types of fertiliser used, the rate of application and the location and date of application. This reporting requirement starts on 30 June 2021 with the first reports due in by 31 July 2022.

Overview presentation

Environment Southland’s policy and planning manager has given a few presentations recently on the new Essential Freshwater package and the proposed plan. The slides from this presentation are now available online. Any questions, please give us a call on 0800 76 88 45. > Click to download the slides.

Southland NES Advisory Group

The group have held their first meeting. The group agreed their purpose, which was to produce clear, concise, practical recommendations to address implementation concerns with the NES Freshwater, with the initial focus being the Intensive Winter Grazing elements. The group will be working together over the coming weeks to seize the opportunity, to provide suggestions to the Ministers. The group acknowledged there is a lot of uncertainty in the community at the moment regarding these regulations but for now farmers should “keep calm and farm on” whilst the implications and further guidance on the package are developed and released.

The Group is made up of two Southland farmers (one sheep and beef, one dairy); Beef and Lamb, Dairy NZ, Environment Southland, Federated Farmers, Fish and Game, and iwi (TAMI), and with staff from LGNZ, Ministry for Environment and Ministry of Primary Industries as observers.

They will be keeping a wider network of interested people and groups in the loop including Deer NZ.

To get regular information from us as we work through the analysis, sign up for our e-newsletter.

Government policy documents

Click here to view the range of factsheets from the Ministry for the Environment.

Other information from the Ministry for the Environment include:

People, Water and Land programme

Find out about the People, Water and Land programme - Te Mana of te Tangata, te Wai, te Whenua and the work being done. This programme has been designed to ensure we can meet the community expectations for our waterways, and those of the Government. You can read more about the things that Southlanders told us were important to them about our waterways (the values) and learn more about the goals (outcomes) we're aiming to achieve by improving, protecting and restoring our waterways. https://waterandland.es.govt.nz/