Update on Intensive Water Grazing recent amendments

The government has recently released amendments to the intensive winter grazing rules (IWG) which form part of the NES-F 2020 after the consultation that took place on them last year. This consultation occurred because a number of concerns were raised on the practicality of implementing the original rules set out in the NES-F.

The parts of the legislation that remain the same and the parts that have been amended are discussed below. These will all come into effect in November 2022. So, they will be enforced NEXT winter (2023).

What’s remained the same:

• Period of IWG 1st May – 30th September (in the same year).
• 50 ha or 10% whichever is the greater (with exceptions of whichever is the lesser in parts of Canterbury) or the maximum area that was grazed in any winter within the reference period (1st July 2014- 30th June 2019).
• Stock (remember this is all livestock) must be kept at least 5 m away from the bed of any river, lake, wetland, or drain (regardless of whether there is water in it at the time).

Amended IWG rules:

• Critical Source Area (CSA): (this is the new sticking point)
  • Is defined as a landscape feature e.g. gully, swale or depression that accumulates runoff from adjacent land and has the potential to deliver contaminants to rivers, lakes, wetlands, or drains (excluding subsurface). Regardless of whether there is any water in it at the time.
  • Within the IWG period (1st May- 30th September) these areas must not be grazed
  • Also within the IWG period (1st May-30th September) vegetation must be maintained as  ground cover over ALL the CSA and maintaining that vegetation does not include any cultivation or harvesting of annual forage crops.
• Slope: any land under IWG must be 10 degrees or less – this will now be determined by measuring the slope of any land over a 20m distance.
• Pugging: Must take all reasonably practicable steps to minimise the effects to freshwater from pugging.
• Resowing dates have been replaced with Ground cover standards which state that
  • Ground cover is established as soon as practicable after livestock have finished grazing the land.
• The definition of a drain in relation to the winter grazing regulations is no longer inclusive of subsurface drains.

These amendments will mean that farmers that are winter grazing on rolling hill country will need to start thinking about applying for a consent as the majority of them will fall within the 10 degree slope threshold. The consent is a way of demonstrating that plans are in place to manage winter grazing and as the vast majority of farmers will already have good management practices in place, these just need to be articulated and further developed to ensure any impacts on the receiving environments are mitigated.

Any questions or scenarios that you have please feel free to sing out.it.