The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) includes regulations on intensive winter grazing (IWG). The coalition Government has amended these regulations through the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (the Amendment Act). These amendments have:
· Repealed the permitted activity and resource consent regulations and associated conditions;
· Repealed the stand-alone regulations relating to pugging and ground cover;
· Introduced new stand-alone regulations requiring:
o an area of land that is used for IWG on a farm to be located at least 5 metres away from waterbodies, and
o the protection of critical source areas in relation to land that is used for IWG.
These New Rules Came into Effect on 25 October 2024
Intensive Winter Grazing (IWG) is grazing livestock (including sheep) on an annual forage crop at any time that begins on 1 May and ends on 30 September of the same year.
An annual forage crop is a crop, other than pasture, that is grazed in the place where it is grown. Annual ryegrass is a pasture, so is not considered an annual forage crop.
When done poorly, IWG can seriously affect animal welfare and the environment. Making and following a plan for how you manage IWG is essential to reducing nutrient and sediment run-off and improving soil productivity.
Farmers will need to follow two standards for intensive winter grazing.
An area of land that is used for intensive winter grazing on a farm must be located at least 5m away from the bed of any river, lake, wetland, or drain (regardless of whether there is any water in it at the time).
The following requirements apply in relation to any critical source area [1] that is within, or adjacent to, any area of land that is used for intensive winter grazing:
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[1] Critical source area means a landscape feature such as a gully, swale, or depression that—
(a) accumulates runoff from adjacent land; and
(b) delivers, or has the potential to deliver 1 or more contaminants to 1 or more rivers, lakes, wetlands, drains, or their beds (regardless of whether there is any water in them at the time).
If you can’t meet the new requirements, there is no longer an option to apply for a resource consent or use a Freshwater Farm Plan as an alternative. Instead, you will need to adjust your wintering practices to protect critical source areas (CSAs) and ensure that annual forage crops are not cultivated within 5 meters of any water body.
The restrictions on expansion of intensive winter grazing area or for new activities to gain a resource consent have been removed. You will no longer be required to gain a consent for expanding the intensive winter grazing area or for new areas.
An Intensive Winter Grazing Management Plan is essential for identifying the environmental risks associated with grazing and outlining how you will manage and reduce these risks. This plan will serve as a key reference for you and your team during the winter months and will also become a key feature in your future Freshwater Farm Plan
Government and industry organisations have developed several IWG Management Templates and guidance documents you can use to make your plan:
The Ministry for the Environment has also produced the following technical guidance: