Regulations for stock exclusion

Today, the new stock exclusion regulations come into force. Dave Lucock takes you through the gist of the new requirements and explains when they start applying to your farm system.

Will these dairy support cattle need to be excluded from this waterway by 3 metres after 1 July 2023?

Following on from last week's article about the new requirements for winter grazing, in this week’s blog post, we are focusing on stock exclusion. This summary is part of our series that explains and analyses the implications of the recently introduced Essential Freshwater Package. 

What is meant by ‘stock exclusion’, and what is the intent of the new regulation?

Access of livestock to waterways can have an adverse effect on waterway health, predominantly through sediments (acting as a smothering blanket or abrasive to invertebrates), nutrients (encouraging weed growth) and undesirable bacteria. The new regulations seek to improve the freshwater quality, restore water bodies’ ecosystems and enhance recreational and mahinga kai values.

The Resource Management (Stock Exclusion) Regulations 2020 come into force today, on 3 September 2020, and apply to a person who owns or controls cattle, deer or pigs. Two key words here are 'owns' and 'controls'. This means that a non-owner can also be prosecuted if found to be non-complying. 

New requirements

Under the owner or non-owner's care, the following applies to a new pastoral system: 

• Dairy cattle, dairy support cattle, and pigs must be excluded from the water bodies regardless of the terrain.

• Beef cattle and deer must be excluded from the water bodies regardless of terrain if they are break-feeding or grazing annual forage crops or irrigated pasture. Otherwise, the requirements apply to beef cattle and deer only on mapped low slope land.

• Stock must be excluded from the beds of lakes, rivers and wetlands, and must not be on land closer than three metres to the bed of rivers and lakes. However, stock need not be excluded from land within three metres of the bed if there is a permanent fence in place on 3 September 2020. Any new fencing (after 3 September) will have to be 3 metres from the bed of rivers and lakes. A permanent fence is defined as a 2-wire electric fence (as a minimum) through to a deer fence.

• Stock, except deer, may only cross a river or lake by using a dedicated bridge or culvert unless they cross no more than twice in any month. The regulation sets out specified circumstances when cattle and pigs can cross without a dedicated culvert or bridge. Deer are not subject to restrictions for crossing rivers and lakes.

By 1 July 2023, the following apply in relation to stock that is not in a new pastoral system: 

• dairy cattle and pigs must be excluded from lakes and wide rivers: 

• beef cattle and deer that are intensively grazing must be excluded from lakes and wide rivers: 

• all stock must be excluded from natural wetlands identified in regional or district plans that are operative on the commencement date. 

By 1 July 2025, the following apply in relation to stock that is not in a new pastoral system: 

• dairy support cattle must be excluded from lakes and wide rivers: 

• beef cattle and deer on low slope land must be excluded from lakes and wide rivers:  

• all stock must be excluded from natural wetlands identified in regional plans on the commencement date and from natural wetlands that support threatened species (as described in the compulsory value for threatened National Policy Statement for Freshwater Management 2020):  

• all stock must be excluded from natural wetlands on low slope land.

Glossary

It is often the terminology in regulation that needs clarification. The bolded words above are defined below.  

‘Low slope’ land means land highlighted in green on this map.

A lake is any body of freshwater which is entirely or nearly surrounded by land.  

A ‘Natural wetland’ is a wetland that is not:

• A wetland constructed by artificial means (unless it was constructed to offset impacts on, or restore, an existing or former natural wetland); or

• A geothermal wetland; or

• any area of improved pasture that, at 3 September 2020, has more than 50% of exotic pasture species and is subject to temporary rain-derived water pooling. 

A wide river is a waterway that is, wider than 1 metre anywhere in a land parcel, and either continually or intermittently flowing. It includes streams and modified watercourses. It excludes any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electric power generation, and farm drainage canal). 

Intensive winter grazing for the purpose of the stock exclusion rules is break feeding, or the grazing on annual forage crops, or grazing on pasture that has been irrigated with water in the previous 12 months.   

Dairy cattle are cattle farmed for producing milk, including any bull on the farm whose purpose is mating with those cattle and includes the unweaned calves of those cattle. 

Dairy support cattle  are animals farmed for producing milk but are not being milked (e.g. heifers or dairy cattle dried off) that are grazed on land that is not grazed by dairy cattle. 

Beef cattle are those reared for producing meat, excluding dairy and dairy support cattle.

In summary

This is a simplified snapshot of the regulations at the time of writing this blog. Primary industry is in the discussion on the refinement and application of the rules and terminology within the freshwater policies, and there may be changes in the future.  

If you have any questions on the winter grazing rules, do not hesitate to get in touch with one of our environmental consultants, Amelia or Dave. Also check out the regulations on the MfE website.

Written by: Dave Lucock

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