Resource Management (Stock Exclusions) Regulations 2020

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Resource Management (Stock Exclusions) Regulations 2020

Resource Management (Stock Exclusions) Regulations 2020

Monday 7 December, 2020

The Resource Management (Stock Exclusions) Regulations 2020 were released on 5 August 2020 along with several other policies associated with the Governments direction on freshwater management. The Regulations apply to any person who owns or controls stock, including beef cattle, dairy cattle, dairy support cattle, deer and pigs, and such persons must comply with the Regulations.

The purpose of the Regulations is the reduce the impact of damage on waterways from livestock and to increase the quality of freshwater for recreation and mahinga kai, by imposing regulations which require owners of livestock to ensure they are excluded from waterways. Below, we provide a summary of the Regulations.

The Regulations came into force on 3 September. For new pastoral systems, the regulations will apply from the commencement date, however for existing pastoral systems the regulations will apply from specified times (1 July 2023 or 1 July 2025 depending on the relevant regulation).

Exclusion of stock from lakes and wide rivers

Dairy cattle, pigs, and dairy support cattle on any terrain must be excluded from lakes and wide rivers (except when crossing).

Beef cattle that are intensively grazing, which includes break feeding, grazing on annual forage crops or grazing on pasture that has been irrigated within the previous 12 months, on any terrain must be excluded from lakes and wide rivers (except when crossing).

Deer that are intensively grazing any terrain must be excluded from lakes and wide rivers (except when crossing).

Beef cattle and deer on low slope land must be excluded from lakes and wide rivers

When crossing a lake or river, all stock (except deer) must cross using a dedicated bridge or culvert unless supervised and actively driven across and must not cross more than twice in any month.

Where exclusions for stock apply, stock must not be allowed closer than 3 metres to the edge of the bed of a lake or wide river (“3-metre setback rule”). However, where there is existing permanent fence that effectively excludes stock from the bed of a lake or wide river, the 3-metre setback rule does not apply.

Exclusions of stock from natural wetlands

All stock must be excluded from any natural wetland that is identified in a regional or district plan or a regional policy statement that is operative on the commencement date (3 September 2020).

All stock must be excluded from any natural wetland that supports a population of threatened species as described in the compulsory value for threatened species in the National Policy Statement for Freshwater Management 2020. This includes natural wetlands that are identified in a regional plan that becomes operative after the commencement date.

All stock on low slope land must be excluded from any natural wetland that is 0.05 hectares or more.

Offences

Any non-compliance with regulation 9 to 18 of the Regulations is an infringement offence under the Resource Management (Infringement Offences) Regulations 1999.
The infringement fee for an offence by a natural person is $2000
The infringement fee for an offence by a non-natural person is $4000
The infringement fee per animal is $100 (not exceeding $2000 in any case)

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