Plan Q & A
Why do we have a Southland Water and Land Plan?
For many years, we have known there is poor water quality in the Region and there is increasing pressure on water quantity.
This Plan was the first step to provide Southland a regional regulatory framework to prevent further decline of our water quality. To do that, it introduced new rules for activities where there was evidence of significant adverse effects on water quality.
During its development and through the process a key driver has been ensuring that landowners and industries use good management practices in ways that will give the best gains for maintaining water quality.
What process has the plan gone through?
The proposed Southland Water and Land Plan was developed and engaged on with the Southland community in 2015 and 2016. It was then publicly notified in June 2016.
It has been through the Resource Management Act process of submissions (947 submissions received) and hearings (274 submitters were heard over 26 days). The decisions version was accepted by Council on 4 April 2018.
Twenty-five parties then appealed various parts of the plan to the Environment Court.
Since 2018, the Environment Court has heard from 52 expert witnesses, gathered 200 plus pieces of evidence, and received 25 joint witness statements. The court has issued nine interim decisions and consent orders.
In 2021, the Objectives in the plan were made operative by council.
What is the impact of making it operative?
The majority of the objectives of the Plan have been operative since March 2021 and set the direction for the rest of the Plan. The first objective directs that our land and water are managed as integrated resources, recognising the connectivity between surface and groundwater, and between freshwater, land and the coast (ki uta ki tai).
Making the plan operative will replace other old water plans in the region (Transitional Regional Plan and the Regional Effluent Land Application Plan) and therefore removes some complexity with the regulatory landscape for many activities. Where some rules in the proposed Southland Water and Land Plan are still under appeal, the corresponding rules in the Regional Water Plan still remain operative.
How does this fit with Central Government decisions and proposed changes?
This Plan addresses and was informed by the issues in our region and has been working its way through the planning process for almost 10 years.
Making the Plan operative is separate to the changes that central government has announced it is intending to make.
The Government is working through other changes to national direction, including the National Policy Statement for Freshwater Management. We are working with the rest of the regional sector and industry stakeholders, to provide advice to Ministers with these changes.
What does this mean for any future changes?
The Plan sets a strong foundation and for the last few years, the Council has been working with the community and our partners on how to achieve Southlander’s aspirations for freshwater and preparing for a future limit-setting plan change, as required by the NPSFM 2020.
As this Plan is implemented, Council will continue to work with our communities to improve how it operates and encourage pragmatic and enduring solutions.
Given the Plan was the first phase in a programme to enable Southland to manage its water, Council will continue to work – with industry, stakeholders, partners and districts and city colleagues, on local solutions that work for Southland.
This will involve enabling a range of community-led actions, wetland enhancement and possible further changes to the Plan to assist with achieving Southland’s aspirations and our communities’ expectations.
When will the changes be notified and made operative?
Councillors made the decision to adopt the plan and make the provisions operative on Wednesday 8 May. This will be publicly notified and the rules will take effect from 27 May 2024.
What is still to be resolved before the plan will be fully operative?
Can I still submit on this decision?
No. The Plan has been working its way through the Resource Management Act process, which has included a submission and appeal period. Decisions from the Court are final and Council’s decision to make the changes operative is largely a formality.
What changes have been made to the rules?
A number of rules have been added or strengthened through the Court process. These include the rules for intensive winter grazing, farm plans, pasture-based wintering and discharge consents, as well as industrial and wastewater discharges.
When do I need to comply with the rules?
The Council has made the decision to approve the plan (except five provisions which remain under appeal) and will formally make the plan operative on 27 May 2024. Many Southlanders are able to operate under ‘existing use rights’ under section 20A of the RMA until the relevant rules are made operative.
This section of the RMA essentially means that where activities had previously been permitted and now require a consent, the activity may continue until six months after the rule becomes operative provided that there are no changes to the scale, scope or intensity of the activity.
This six-month period will start on 27 May 2024 when the plan becomes operative and ends on 27 November 2024. By 27 November, the activity either needs to comply with the permitted activity conditions or a consent application must be lodged with Environment Southland.
Our consents team is able to provide advice on the rules and existing use rights, as well as talking through what would be required if you did need to apply for consent.
Any new or changed activities would need to comply with the rules immediately.
What do these changes mean for winter grazing this season?
The changes to the plan will be operative from 27 May 2024, however those undertaking winter grazing this year will have six months to comply with the new rules, provided this season's activities have not changed in scale, character or intensity. If you're unsure about how this applies, please contact the consents team for assistance. If there has been no change in the way you winter, then the new rules will apply for your winter grazing in the 2025 season.
Do I need to get a farm plan?
Yes. While the Government is reviewing the national regulations for farm plans, Farm Environmental Management Plans have been part of Southland’s approach for improving water quality for many years. They remain an integral part of the Plan, so will not be affected by any changes the Government make to national regulations.
Environment Southland can provide support and advice for farmers looking to develop their farm plan.