Southland Water and Land Plan Environment Southland Private Bag Invercargill 9840

Transcription

1 To: From: Southland Water and Land Plan Environment Southland Private Bag Invercargill 9840 Mid-Aparima Catchment Group C/O Jolene and Hadleigh Germann Hanna Stalker Edwin Mabonga Feedback on: Further Submissions to the Proposed Water and Land Plan Background: These further submissions are from the Mid-Aparima Catchment Group. This group is a sub-catchment of the Aparima Freshwater Management Unit. Our group represents land owners and stake holders from Otautau, north to Wreys Bush Nightcaps Road to the Wreys Bush Bridge, encompassing the Bayswater area. Some members of our group have interests and landholdings in other parts of Southland, but their major interests are within this area. We are passionate about where we live and contributing sustainably to our community. We value water quality, as well as the economic, social and cultural progression of our community and the whole of Southland. Trade competition: We could not gain an advantage in trade competition through these further submissions. Hearings: We wish to be heard in support of our further submission; and we would be prepared to consider presenting my submission in a joint case with others making a similar submission at any hearing. 1

2 Further Submissions: Our further submissions are recorded in the following table: Balance Agri- Nutrients TAYLER Matthew Invercargill City Council The Fertiliser Association of NZ 48.2 Physiographic zones Provide an avenue for providing evidence (such as a farm soil survey, or bore logs) that could potentially re-define the zone, would be useful, and consistent with approaches being established elsewhere in the country New objective An additional objective (or objective 2 sufficiently modified) to ensure the costs imposed on landowners are not prohibitively expensive or disproportionate to the environmental gains envisaged Policies 4-12 Policies 4-12 That discharge limits are open for public submission and are backed by scientific and industry evidence as practicable and economically viable. Delete Policies 4 to 12 and replace with the following: In all the physiographic zones, avoid, remedy, or mitigate adverse effects of any land use activities on water quality, by: managing the transport of contaminants, and implementing Good Management practices, and addressing the specific environmental risk to water quality identified for each physiographic area. Forest & Bird Policy 15 Retain Policy 15(1) and 15(4) as notified. Amend Policy 15(2) as follows: 2. avoiding point source and non-point source discharges to land that will reduce surface or groundwater quality, unless the adverse effects of the discharge can be avoided, remedied or mitigated; Amend Policy 15(3) as follows: 3. avoiding land use activities that will reduce surface or groundwater quality, unless the adverse effects can be avoided, remedied or mitigated; and Fonterra Cooperative Group Ltd Policy 21 Amend Policy 21 so as to read: Policy 21 Allocation of water Manage the allocation of surface water and groundwater by: 4. when considering levels of abstraction, recognise the need to exclude takes for non-consumptive uses that return the same amount (or more) water to the same waterbody in an appropriate We need to ensure that there are accessible ways for people to challenge and change where necessary the physiographic zones that their land has been assigned to We support economic as well as environmental sustainability. Both are equally important. Collaboration is a crucial part of this process as is using sound science and economic analysis. This change ensures that we manage any effects of activities rather than controlling the actual activities that can occur. With the rate of scientific and technological development we need this change to future proof this. These changes do not allow for future mitigation technologies. Non-consumptive uses must be treated differently to consumptive uses. 2

3 Fonterra Cooperative Group Ltd manner Policy 39 Delete.. This policy unfairly singles out farming Forest & Bird Policy 39 Amend Policy 39 as follows: When considering any application for resource consent for the use of land for a farming activity, Environment Southland will consider all adverse effects of the proposed activity on water quality and quantity, whether or not this Plan permits an activity with that effect. Southland Fish & Game Council Wilkins Farming Ltd Horticulture NZ Southland District Council TEMPLETON Vaughan DICKSON Grant Forest & Bird NZ Policy 39 Retain Policy 30 as notified with the following amendment: When considering any application for resource consent for the use of land for a farming activity, Environment Southland will consider all adverse effects of the proposed activity on water quality and water quantity, whether or not this Plan permits an activity with that effect Policy 42 Scientific proof to establish aquifer allocation must be independently achieved using internationally approved techniques. Allocation status of an aquifer needs to allow provision for review as water uses change from time to time Policy 45 Ensure that values are established in the FMU process and not prescribed in the region wide section of the Plan Rule 13 Council seeks a comprehensive analysis be undertaken on the equitability and benefits and costs of the rules and the regulatory framework redrafted to reflect that result Rule 13 the principle of this rule. It needs to be noted that periodic drain cleaning needs to be carried out to maintain the efficiency of the drainage network. Any discharge from this process is massively less than overland flow which would result if drains were not cleaned Rule 14 Discharge of fertiliser Remove 10 metre margin and replace with control by use of good farm management practices to ensure that no direct discharge of fertiliser into a waterbody occurs Rule 22 Amend rule 22 as follows: (a) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or does not comply with Rule 21(a) or 21(b) in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Quantity is covered in other parts of the. Therefore this is unnecessary. Quantity is covered in other parts of the. Therefore this is unnecessary. Sound and up to date science is vital. We support community collaboration as an important step in this process. Analysis of costs and benefits is vital. Not being able to periodically clean out tile drains will cause significant environmental problems due to flooding. We support the use of good management practises to control effects rather than regulations to limit activities. There is no scientific evidence to support this. This would effect a large part of Southland and have huge economic implications on the 3

4 Southland Fish & Game Council Central Plains, or Lignite-Marine Terraces physiographic zones, is a discretionary activity, provided the following the following conditions is met: (b) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or does not comply with Rule 21(a) or 21(b) in the Old Mataura, Riverine, Oxidising, or Central Plains Peat Wetlands physiographic zones, is a non-complying activity. Add rule to ensure that new or expanded dairy farming in any Zone is a prohibited activity in catchments that are over-allocated i.e. are below the NPSFM bottom lines Insert new rule providing: The use of land for dairy farming of cows that did not exist as at 30 May 2016) in the Peat Wetlands physiographic unit is a prohibited activity Rule 22 Amend rule 22 to provide: (a) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or does not comply with Rule 21(a) or 21(b) in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains, or Lignite-Marine Terraces physiographic zones, is a discretionary activity, provided the following the following conditions is met: (b) The use of land for dairy farming of cows that did not exist as at 30 May 2016 or does not comply with Rule 21(a) or 21(b) in the Old Mataura, Riverine, Bedrock / Hill country, Oxidising, or Central Plains Peat Wetlands physiographic zones, is a non-complying activity. region. There is no scientific evidence to support this. This would effect a large part of Southland and have huge economic implications on the region. BARCLAY Todd (Member of Parliament Clutha Southland) Forest & Bird NZ 49.4 Rule 23 Intensive winter grazing I oppose the hectare limit imposed by this Plan as there is not a viable alternative for farmers to manage their stock through this period. The promotion of Good Management Practices around intensive winter grazing has the ability to allow the province to hold the line on water quality without risking animal health and farming viability Rule 23 Amend Rule 23 as follows: ii) no intensive winter grazing is undertaken in the Alpine or Peat Wetlands physiographic zone; (iii) Not more than 20 hectares of intensive winter grazing is undertaken on a landholding within the Old Mataura, Riverine, Oxidising or Peat Wetlands physiographic zones; (iv) Not more than 50 hectares of intensive winter grazing is undertaken on a landholding within the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, We support the use of good management practises to control effects rather than regulations to limit activities. There is no scientific evidence to support this. This would effect a large part of Southland and have huge economic implications on the region. 4

5 Central Plains, or Lignite- Marine Terraces physiographic zones; (vii) A vegetated strip is maintained, and stock excluded from the outer edge of the bed of any, river, wetland, modified watercourse or artificial watercourse for a distance of: (1) 3 5 metres measured horizontally from the outer edge of the bed on land within a slope of less than 4 degrees (flat) or 10m measured horizontally from the outer bed of a natural wetland or watercourse with native fish spawning habitat on land with a slope of less than 4 degrees (flat); and (2) 10 metres measured horizontally from the outer edge of the bed on land within a slope between 4 and 16 degrees (rolling); and (3) 20 metres measured horizontally from the outer edge of the bed on land with a slope greater than 16 degrees; and (viii) The winter grazing does not occur within 100m of the outer edge of the bed of any lake or the Coastal Marine Area, including coastal lagoons and estuaries; (ix) Overland flow of run-off water does not cause a conspicuous discolouration change in visual clarity,or, any significant adverse effects on aquatic life or sedimentation of any adjacent waterbody or the Coastal Marine Area, including coastal lagoons and estuaries; Amend Rule 23(c) (c) From 30 May 2018, the use of more than 20 hectares of a landholding for intensive grazingin the Riverine, Oxidising, Old Mataura, or Peat Wetlands physiographic zones or 50 hectares in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains or Lignite-MarineTerraces physiographic zone is a restricted discretionary activity, provided the following matters are met Environment Southland will restrict the exercise of its discretion to the following matters: 2. The proposed Management practices to minimise avoid, remedy or mitigate the discharge of nitrogen, phosphorus, sediment and microbiological contaminants to water from the use of land; 4. The potential and negative benefits of the activity to the applicant, the community and the environment, including the sensitivity of the receiving environment; Add 6. The freshwater objectives and limits, and whether the water bodies affected are under allocated or over allocated, timeframe for 5

6 Southland Fish & Game Council achieving targets where over-allocated. Amend Rule 23(d) (d) From 30 May 2018, the use of land for intensive winter grazing in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains or Lignite-Marine Terraces physiographic zones that do not meet condition (i), or (v) to (ix) of Rule 23(b) or condition (i) to (iii) of Rule 23(c) is a discretionary activity. Amend Rule 23(e) (e) From 30 May 2018, the use of land for intensive winter grazing in the Riverine, Oxidising, Old Mataura or Peat Wetlands physiographic zones that do not meet conditions (i) to (iii) of Rule 23(c) is a non-complying activity. Environment Southland will restrict the exercise of its discretion to the following matters:. 4. The proposed Management practices to minimise avoid, remedy or mitigate the discharge of nitrogen, phosphorus, sediment and microbiological contaminants to water from the use of land; 5. The potential and negative benefits of the activity to the community and the environment, including the sensitivity of the receiving environment; 6. The freshwater objectives and limits, and whether the water bodies affected are under allocated or over allocated, timeframe for achieving targets where over-allocated Rule 23 Amend Rule 23(b) to provide: (iii) Not more than 20 hectares of intensive winter grazing is undertaken on a landholding within the Old Mataura, Riverine, Oxidising or Peat Wetlands physiographic zones; (iv) Not more than 50 hectares of intensive winter grazing is undertaken on a landholding within the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains, or Lignite- Marine Terraces physiographic zones; (vii) A vegetated strip is maintained, and stock are excluded following cultivation of forage crops, from the outer edge of the bed of any headwater seep / spring, tarn, intermittent / ephemeral streams with an active bed wider than 1 metre, river, natural wetland, modified watercourse or artificial watercourse for within a distance of: There is no scientific evidence to support this. This would effect a large part of Southland and have huge economic implications on the region. 6

7 (4) 3 5 metres measured horizontally from the outer edge of the bed on land within a slope of less than 4 degrees (flat) or 10m measured horizontally from the outer bed of a natural wetland or watercourse with trout and / or Inanga spawning habitat on land with a slope of less than 4 degrees (flat); and (5) 10 metres measured horizontally from the outer edge of the bed on land within a slope between 4 and 16 degrees (rolling); and (6) 20 metres measured horizontally from the outer edge of the bed on land with a slope greater than 16 degrees (strongly rolling); and (viii) The winter grazing does not occur within 100m of the outer edge of the bed of any lake or the Coastal Marine Area, including Coastal Lagoons and Estuaries; (ix) Overland flow of run-off water does not cause a conspicuous discolouration change in the colour or visual clarity, any significant adverse effects on aquatic life or sedimentation of any adjacent waterbody. Amend Rule 23(c) to provide: (c) From 30 May 2018, the use of more than 20 hectares of a landholding for intensive grazing in the Riverine, Oxidising, Old Mataura, or Peat Wetlands physiographic zones or 50 hectares in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains or Lignite-Marine Terraces physiographic zone is a restricted discretionary activity, provided the following matters are met Environment Southland will restrict the exercise of its discretion to the following matters: 2. The proposed Management practices to minimise avoid, remedy or mitigate the discharge of nitrogen, phosphorus, sediment and microbiological contaminants to water from the use of land; 4. The potential and adverse effects benefits of the activity to the applicant, the community and the environment, including the sensitivity of the receiving environment; Amend Rule 23(d) to provide: (d) From 30 May 2018, the use of land for intensive winter grazing in the Riverine, Gleyed, Bedrock / Hill Country, Oxidising, Central Plains or Lignite-Marine Terraces physiographic 7

8 DairyNZ Rule 38 - Animal and vegetative waste Sub ID DairyNZ Rule 40 - Silage TEMPLETON Vaughan zones that do not meet condition (i), or (v) to (ix) of Rule 23(b) or condition (i) to (iii) of Rule 23(c) is a discretionary activity. Amend Rule 23(e) to provide: (e) From 30 May 2018, the use of land for intensive winter grazing in the Riverine, Oxidising, Old Mataura or Peat Wetlands physiographic zones that do not meet conditions (i) to (iii) of Rule 23(c) is a non-complying activity. Amend Rule 23(g) to provide: Environment Southland will restrict the exercise of its discretion to the following matters: 4. The proposed Management practices to minimise avoid, remedy or mitigate the discharge of nitrogen, phosphorus, sediment and microbiological contaminants to water from the use of land; 5. The potential and adverse effects benefits of the activity to the community and the environment, including the sensitivity of the receiving environment; Retain Rule 38(d)(i) Amend Rule 38(d)(iv) to: (iv) from 1 May to 30 September in any year appropriate conditions for spreading so that no runoff occurs Or (iv) from 1 May 1 June to 30 June 30 September in any year. Amend Rule 38(d)(v) to: (v) with an average depth of material of greater than 10 mm on the land surface. Amend to: (iv) there is no discharge of contaminants from the silage storage facility to any surface water or groundwater or naturally occurring wetland; Rule 54 The new rule appears to be entirely unworkable for larger land holdings for very little benefit to smaller land holding that probably have no use for that quantity of water. Retain the current water take process. We support the use of good management practises to control effects rather than regulations to limit activities. This makes the rule much more practical. Larger land holdings have legitimate reasons for needing more water than smaller land holdings. 8

9 Signature: Jolene Germann on behalf of those named above in the Mid- Aparima Catchment Group Date: 18 th December