Chapter 15: Discharges to Air

15.4 Rules - Agrichemicals* (Discharges into Air, Land and Water)

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Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
15-1 Small-scale application of agrichemicals* The discharge^ of agrichemicals* into air or onto land^ from the use of a hand-held appliance* pursuant to ss15(1) or 15(2A) RMA. Permitted
  1. The discharge^ must not contravene^ any requirement specified in the agrichemical* manufacturer’s instructions.
  2. There must be no adverse effects^ from off-target spray drift.
  3. There must be no discharge^ into any water body^.
  4. There must be no discharge^ within any rare habitat*, threatened habitat* or at-risk habitat*, except for the control of pest plants for the purposes of habitat maintenance or enhancement.
  5. Where the agrichemical* is used on public land*, the discharge^ must comply with mandatory requirements set out in Sections 2 and 5 of the NZS 8409:2004 Management of Agrichemicals.
  
15-2 Widespread application of agrichemicals* The discharge^ of agrichemicals* into air, onto land^, or into water^, pursuant to ss15(1) or 15(2A) RMA, except as permitted under Rule 15-1. Permitted
  1. The discharge^ must not contravene^ any requirement specified in the agrichemical* manufacturer’s instructions.
  2. There must be no discharge^ within any rare habitat*, threatened habitat* or at-risk habitat*, except for the control of pest plants for the purposes of habitat maintenance or enhancement.
  3. Where the discharge^ is located within 50 m of a sensitive area listed in Policy 15-1(e) the spray plan prepared in accordance with NZS8409:2004 Management of Agrichemicals must be supplied to Manawatū-Whanganui Regional Council upon request.
  4. The discharge^ must be undertaken in accordance with all mandatory requirements, including notification requirements, set out in Sections 2 and 5 of the NZS8409:2004 Management of Agrichemicals.
  5. Every person (other than an agrichemical* contractor) undertaking the ground-based application of agrichemicals* must hold, as a minimum, a current GROWSAFE® Introductory Certificate or be under the direct supervision of a person holding a current GROWSAFE® Applied Certificate.
  6. Any agrichemical* contractor undertaking the groundbased application of agrichemicals* must hold, as a minimum, a current GROWSAFE® Registered Chemical Applicator’s Certificate; or a current GROWSAFE® Introductory Certificate and be under the direct supervision of a person holding a current GROWSAFE® Registered Chemical Applicator’s Certificate.
  7. Every pilot undertaking the aerial application of agrichemicals* must hold a Pilot’s Agrichemical Rating issued by Civil Aviation Authority.
  8. The discharge^ must not result in any agrichemical* being deposited on any roof or other structure^ used as a catchment for water supply other than in accordance with (i).
  9. Where the discharge^ is into water^ for the purpose of eradicating, modifying or controlling unwanted aquatic plants:
    1. only agrichemicals* approved for aquatic use may be used,
    2. the application must not exceed the quantity or concentration required for that purpose,
    3. the discharge^ must not include disposal to water^ of any agrichemical*,
    4. the discharger must notify every person taking water^ for domestic supply within 1 km downstream of the proposed discharge^, and every holder of a resource consent^ for the taking of water^ for public water supply* purposes downstream of the proposed discharge^ at least one week before commencing the discharge^.
  10. For aerial discharges^, reasonable measures must be taken to prevent:
    1. any discharge^ of agrichemicals* within 10 m of the bed^ of a flowing river^, or any lake^, or wetland^ which has an area of 1 ha or greater
    2. any adverse effects^ on a rare habitat*, threatened habitat* or at-risk habitat*.
Under condition (j) “reasonable measures” may include the use of GPS technology, positive airflow indicators on boundaries or direct boundary supervision by qualified personnel.		  
15-3 Small-scale and widespread application of vertebrate pest control products* The discharge of vertebrate pest control products* into air or onto land^ from the use of a hand-held appliance* or by way of hand dispersal and the discharge of vertebrate pest control products* into air or onto land^ by all other means pursuant to s15(2) RMA. Permitted For all discharges^:
  1. The discharge^ must not contravene^ any requirement specified in the manufacturer’s instructions.
  2. There must be no discharge^ within any rare habitat*, threatened habitat* or at-risk habitat*, except for the control of pest animals.
    For all small scale applications from the use of a hand-held appliance* or by way of hand dispersal
  3. There must be no discharge beyond the boundary of the subject property*.
  4. There must be no discharge into any water body*
    For aerial discharges of sodium fluoroacetate (1080) and formulated substances containing 1080
  5. The discharge must comply with the controls under the Hazardous Substances and New Organisms Act 1996, particularly sections 77 and 77A.
    For aerial discharges^ other than aerial discharges^ covered by condition (e) above
  6. reasonable measures must be taken to prevent:
    1. any discharge^ of vertebrate pest control products* within 10 m of the bed^ of a flowing river^or any lake^or wetland^ which has an area of 1 ha or more
    2. any adverse effects^ on a rare habitat* threatened habitat* at-risk habitat*
  7. Where the discharge is located within 50 metres of a sensitive area listed in Policy 15-1(e) notice of the discharge must be provided to adjacent landowners and occupiers at least 1 week and not more than 1 month before application and must include the following information:
    1. the period when the application will occur,
    2. the brand name and the chemical name to be used,
    3. method of application,
    4. safety precautions to be taken,
    5. the name and contact phone number of those carrying out the application.
      A record of this notification must be kept and made available to the Manawatū-Whanganui Regional Council upon request.
      Public signage must be displayed where access to the sensitive area is normally gained.
  8. The discharge^ must not result in any vertebrate pest control product* being deposited on any roof or other structure^ used as a catchment for water* supply.
    Under condition (f) “reasonable measures” may include the use of GPS technology, positive airflow indicators on boundaries or direct boundary supervision by qualified personnel.
  
15-4 Small scale and widespread application of vertebrate pest control products* not complying with Rule 15-3 The discharge^ of vertebrate pest control products* into air or onto land^ from the use of a hand-held-appliance* or by way of hand dispersal and the discharge^ of vertebrate pest control products* into air or onto land^ by all other means pursuant to s15(2) RMA. Restricted Discretionary
  1. There must be no discharge within any rare habitat*, threatened habitat*, or at-risk habitat* except for the control of pest animals.
 Discretion is restricted to:
  1. The location, nature, scale, timing and duration of the activity
  2. The nature of the area adjacent to the discharge
  3. Any beneficial effects of the discharge
  4. Any effects on those species which are not the target of the discharge
  5. Any adverse effects or risks to human health or public use of the area
  6. Any relevant national regulations^ or nationally-accepted guidelines or codes of practice
  7. Duration of consent and consent conditions
  8. Compliance monitoring.
Resource Consent^ applications under this rule^ will not be publicly notified
15-5 Discharges^ of agrichemicals* not complying with permitted activity^ rules^ and small scale and widespread application of vertebrate pest control products* not complying with Rule 15-4. The discharge^ of agrichemicals* into air, onto land^, or into water^ pursuant to ss15(1) or 15(2A) RMA in a manner that does not comply with Rules 15-1 or 15-2 and small scale and widespread application of vertebrate pest control products* not complying with Rule 15-4. Discretionary    

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