Plan Change for water heralds positive outcome

Otago Regional Council have opted not to set regulatory demands on farmers with their water quality strategy. They instead want to focus on the standard of water quality coming off farms.

Over the past two years Federated Farmers has had considerable involvement in the Otago Regional Council's Plan Change 6A, which makes changes to the water quality provisions of the regional plan: Water for Otago.

The council's approach to the Plan Change has shown they don't want to tell farmers how to farm, but instead want to focus on the standard of water quality coming off a farm.
A benefit of this approach is it leaves decisions on how best to meet standards to the relevant land user. This provides an opportunity to develop solutions that best suit individual circumstances, encouraging innovation in environmental management.

However, details are also important and there were specifics within the council's decision that motivated 21 separate appeals to the Environment Court. Court-assisted mediation occurred in August and September of 2013, and a number of discussions continued between appeal parties and with the council from that date.

It became clear during mediation, the benefits in primary industry appeal parties working together to identify common interests and bottom-lines. Federated Farmers worked alongside Fonterra, DairyNZ, the Fertiliser Association of New Zealand, irrigation companies, HorticultureNZ and individual farmer appellants and their legal representatives to ensure a range of interests were considered. We also continued to meet openly with the council and other interested parties.

Resolution outside court has now been reached for all 21 appeals, which is a huge testament to the work carried out between the council and all parties to find appropriate and workable solutions.

From the outset, all parties shared a common goal _ good water quality for Otago. Final changes to the plan's policies, rules and nitrogen leaching limits have ensured that, while the plan is more appropriate and workable for Otago farmers, the `end goal' of good water quality is still respected.

In addition to these wording changes, a number of considerable changes helped to resolve the Federated Farmers' appeal. A major concern for us had been the lack of appropriate scientific and economic analysis underpinning nitrogen loss rates.

As a result of mediation, the council agreed to review these rates, starting with the 20kgN/ha/yr areas and moving on to other areas where there are environmental pressures or a real risk of non-compliance. This prioritised work is to be completed before 2020, when nitrogen leaching limits apply.

For those farmers following best management practice, who are still unsure whether they can meet either their nitrogen loss rates or water quality indicators by 2020, a clearer consenting pathway has now been established.

This should provide for a greater level of investment certainty, with farmers able to apply for either a five-year restricted discretionary consent (applying from 2020) or a possible 35-year discretionary consent where it is shown to be appropriate and necessary.

Federated Farmers' interests in this process do not end here. Soon we will take part in the establishment of a stakeholder reference group and will continue to meet with the council and other stakeholders to ensure the implementation phase to the plan change is successful.

Work will commence on the council fact sheets, flow diagrams and field days to provide better information to plan users throughout 2014.