Lake facts What is Rule 11? 7 Rotorua Lakes

Many of Rotorua’s lakes Bay of Plenty Regional Council’s that any changes do not increase are declining in quality Regional Water and Land Plan losses over their property’s set because they have too faces up to these issues. It benchmark. includes proposals that will stop many nutrients. They will also be given advice any further increases in the amount on how they can offset increases in of nitrogen and phosphorus production through practices such Land use activities are part of the leaching off farmed land. as using wintering stock problem because they produce off farm, planting stream margins nutrients that leach into the lakes. and retiring marginal land. More intensive types of farming Rule 11 tend to create more nitrogen and phosphorus because they have Rule 11 is a series of rules in more stock per hectare and make section 9.4 of the proposed plan. more use of external “inputs” such They look at the loss of nitrogen as fertilisers. and phosphorus from land use The Rotorua Lakes activities in the catchments of Problem In New Zealand, farming has Lakes Rotorua, Rotoiti, Rotoehu, generally become more intensive Okaro and Okareka. ▪▪ Many of Rotorua’s lakes have over the past decade, with a too many nutrients, caused by resulting impact on the country’s Rule 11 puts a ‘line in the sand’ activities such as farming and waterways. to cap the existing nitrogen and residential settlement. phosphorus loss from land use Because of this, land use activities. ▪▪ These nutrients (nitrogen and management is a key strand of phosphorus) feed algal growth, the Rotorua Lakes Protection and Farmers will have access to a which degrades water quality. Restoration Action Programme. model that calculates nutrient losses so they can make sure ▪▪ The Rotorua Lakes Protection and Restoration Action Programme is initially tackling water quality problems in five lakes in the Rotorua district ▪▪ Some long-term solutions focus on land management and include new wetlands, restricting nutrients “outflows” from properties, and changes in land use. ▪▪ More urgent solutions include sewerage reticulation, structures to divert flows, and the use of mineral products to lock up nutrients.

Farm land looking down towards Lake Rotorua. Lake facts 7 What is Rule 11? Rotorua Lakes

Rule 11 is part of a package of sewage system. for free advice on other low- regulatory and non-regulatory This includes infill housing, nutrient land uses that will comply methods to improve lake water development of bare sections, with the nutrient limit. For non- quality. The package includes: changes to commercial, trade reticulated properties smaller than 0.4 hectares with more than ▪▪ Development of Action Plans for or industrial uses. The effects of 10 kilograms of nitrogen loss each lake. reticulated areas are managed through the control of reticulated per hectare per year, a nutrient ▪▪ Encourage the fencing and sewage discharges and stormwater benchmark must be set for the planting of riparian areas. discharges. Appropriate treatment property (see below for details). ▪▪ Educating the community conditions are required for these on appropriate nutrient discharges. All other land uses management practices. A nutrient benchmark level will ▪▪ Sewage reticulation and Small rural properties, and be set for all properties in the five sewage plant upgrade. unreticulated lakeside areas lakes catchments that are not ▪▪ In-lake treatment options. Land use activities in lakeside reticulated, or small rural properties ▪▪ Land retirement and settlements and rural areas, with low nitrogen losses. The identification of land use where the property is less than nutrient benchmark level for the changes and land management 0.4 hectares (4,000m²) AND NOT property will be calculated as in the options. connected to a reticulated sewage table above. ▪▪ Constructed wetlands. system, are permitted activities if there are low levels of nitrogen loss from the property. Setting a nutrient Septic tank discharges The limit is 10 kilograms per benchmark Bay of Plenty Regional Council’s hectare per year, excluding the 1. Bay of Plenty Regional Council On-Site Effluent Treatment Plan discharge from on-site effluent will send out an initial inquiry contains rules that will require treatment systems (e.g. septic to all landowners to determine septic tanks in the catchments tanks) on the property. what land use activities are of the Rotorua Lakes to be This means that such properties carried out on their property (or upgraded to reduce nutrient properties). discharges. can have any ONE of the following: (a) Horse, donkey or mule – 2. Bay of Plenty Regional Council maximum of one per property. will then help people work How does Rule 11 affect out the loss of nitrogen or you? (b) Sheep or goats – maximum phosphorus from their property of three per property. (or properties), and supply Rule 11 currently only applies relevant information based to activities in the catchments of (c) Alpaca or Llama – maximum of on their land use activities. Lakes Rotorua, Rotoiti, Rotoehu, two per property. Okaro, and Okareka. (d) Pigs – a maximum of two 3. Bay of Plenty Regional Council will track who has supplied Below is an explanation of how weaners grown through to baconer information to work out the Rule 11 affects land use activities in stage; or one sow with a litter of nutrient benchmark, and follow these five lake catchments. piglets grown to weaner stage and one weaner subsequently grown to up landowners or lessees who baconer stage. Pigs are to be kept have not supplied information by the required date. Areas with reticulated in a sty with occasional free range, sewage systems and no continuous free range. The Lakes Restoration Officers will (e) A maximum fertiliser application be available to work directly with Permitted land use activities of 10 kilograms of phosphorus per landowners, especially those with are those: hectare per year (or four kilograms large properties, or multiple land ▪▪ Within an urban area or of phosphorus per 4,000m² per uses on one property. lakeside settlement which year). This equates to 300 are connected to a reticulated kilograms of Potassic Super per sewage system; or hectare per year (or 120 kilograms ▪▪ In a rural area where the per 4,000m² per year). property is less than Landowners can also contact Bay 0.4 hectares (4,000m²) of Plenty Regional Council AND connected to a reticulated

What is Rule 11? Lake facts What is Rule 11? 7 Rotorua Lakes

no nutrient management options Land Use Activity Nutrient Benchmark Level are available on that property. Land use activity has been changed Average nutrient loss from property Resource consent applicants must from dry stock to dairying, or between 1 July 2004 and 30 identify what nutrient management pastoral grazing to horticulture; and June 2005. Nutrient benchmark measures will be used to fully offset the change commenced between 1 information required by 31 December the proposed increase within the July 2001 and 30 June 2004. 2005, or when property is sold, same lake catchment. whichever is the sooner. For example, if a proposed The land use activity has been Average nutrient loss from property activity will increase the nitrogen changed from forestry to dairying, between 1 July 2004 and 30 loss by 100 kilograms per year, forestry to pastoral grazing, or June 2005. Nutrient benchmark the resource consent applicant forestry to another land use; and the information required by 31 December must identify nutrient mitigation change commenced between 1 July 2005, or when property is sold, measures to reduce nitrogen within 2001 and 1 January 2003. whichever is the sooner. the same lake catchment by 100 The land use activity has been Appropriate nutrient benchmark will kilograms per year. changed from forestry to dairying, be set by Bay of Plenty Regional forestry to pastoral grazing, or Council in conjunction with the Where a resource consent forestry to another land use; and the landowner and an independent applicant wishes to use nutrient change commenced between nutrient management adviser, management measures on land 1 January 2003 and 30 June 2004. to allow a fair and reasonable within the same lake catchment (i.e. production level relative to the on land owned by another person), property characteristics and land use. consent conditions will ensure agreements with other parties are All other land uses Average nutrient loss from property implemented. between 1 July 2001 and 30 June 2004. Nutrient benchmark Where a landowner has multiple information required by 31 December properties within the same lake 2005, or when property is sold, catchment they may be jointly whichever is the sooner. managed within a resource consent. This would allow a landowner to increase production For grazing activities, the type and Some properties may already be on one property and apply offset size of stock will be taken intensively used, but by using measures on their other property. into account when working out more efficient land management Where there is a land use the nutrient benchmark. practices the landowner could still change or land management increase their productivity. In this Each stock type has a different practice that increases the average way the increase in nutrients is nutrient output, for example, one export of nitrogen or phosphorus balanced by measures to reduce sheep does not equate to one dairy from the property, AND the nutrient leaching so that there is no cow based on their land resource consent applicant has net increase in nutrient export from use activity or activities. not identified measures to fully the property. offset the increase in nitrogen or Note: It is the responsibility of the Forest harvesting is permitted, phosphorus, Environment person using the land to provide providing the area is replanted for Bay of Plenty may decline the the nutrient benchmark information. production forestry or permanent resource consent application. Where the property is leased, it is retirement purposes. Note: forest Consents may be granted if other the responsibility of the lessee to harvesting is also subject to other nutrient mitigation measures provide the information rather than rules in the Regional Water and are available in the same the landowner. Land Plan and district plans. lake catchment, for example Landowners will be able to carry engineering or lake treatment out any land use on their property, options, or land retirement. providing the annual average When is a resource consent Financial contributions will be nitrogen and phosphorus loss is required? required as part of a consent to pay within the nutrient benchmark for for such measures. the property. It is possible that a A resource consent is required landowner could intensify their when a land use change or land land use if they off-set an increase management practice increases of nutrients by retiring riparian the average export of nitrogen margins, using a feed lot in winter, or phosphorus from the property using a different stock food, etc. above its nutrient benchmark, and

What is Rule 11? 4 Lake facts 7 What is Rule 11? Rotorua Lakes

Point-source discharges Point-source discharges include sewage discharges, dairy shed effluent, and industrial discharges. A nutrient cap is also applied to point-source discharges. Any new discharge cannot increase the nitrogen or phosphorus level within the lake catchment. Where there is a change to an existing discharge, the change cannot increase nitrogen or phosphorus levels above levels already set in the resource consent unless the increase is offset in the catchment. Resource consent applicants must identify what nutrient management measures will be used to fully offset any proposed increase within the The major cause of lake water quality problems in the Rotorua lakes is excessive nitrogen and phosophorus from land use activities in the lake catchments. same lake catchment. Bay of Plenty Regional Council may decline the consent application The new landowners should if the applicant does not identify be made aware of the nutrient benchmark, and that any what nutrient mitigation measures For further information will be used within the catchment to land use change or land and advice, contact a Lakes offset the effects of the discharge. management practices will have to remain within that nutrient Restoration officer at Bay of benchmark. Plenty Regional Council:

Frequently asked questions Q What happens if I subdivide? Phone: 0800 884 880 Q Can I increase productivity on Fax: 0800 884 882 my property? A The nutrient benchmark applies, Pollution Hotline: 0800 884 883 but is split between the new A Yes, but only if measures properties. For example, the Email: [email protected] are taken to fully offset the nutrient benchmark could Website: www.boprc.govt.nz increased loss of nitrogen be averaged amongst the Post: PO Box 364, or phosphorus from the land new properties, or a higher Whakatāne 3158 management change, either on percentage of the benchmark the property or within the same assigned to different properties. This fact sheet was last updated November 2012 lack catchment. For example, For example, new lifestyle retiring riparian areas could blocks could have covenants allow for extra stock numbers. requiring no stock is to be kept on the property (i.e. a Q Can I change the land use low nutrient level), and the on my property? remaining benchmark allocated to other blocks. A Yes, but only if the land use change is within the nutrient benchmark for the property, or any nutrient increase can be fully offset within the same lake catchment.

Q What happens if I sell my property?

A The nutrient benchmark still applies to the property. GDS123191

What is Rule 11?