NSW Dairy Development and Environmental Guidelines

APVMA Australian Pesticides and Veterinary Medicines Authority

ARA appropriate regulatory authority

ASS acid sulfate soils

BLR basic landholder rights

BOS Biodiversity Offsets Scheme

CAA controlled activity approvals

CID certified irrigation designer

CMP construction management plan

DA development application made under the Environmental Planning and Assessment Act 1979 (NSW)

DAFF Department of Agriculture, Fisheries and Forestry

DCCEEW NSW Department of Climate Change, Energy, the Environment and Water

DCP development control plan

DECCW Former NSW Department of Environment, Climate Change and Water

DPHI NSW Department of Planning, Housing and Infrastructure. Formerly known as NSW Department of Planning and Environment (DPE)

DPE Former NSW Department of Planning and Environment

DPI Former NSW Department of Primary Industries

DPIRD NSW Department of Primary Industries and Regional Development, formerly known as Department of Primary Industries (DPI).

EIS environmental impact statement

EMP environmental management plan

EPA NSW Environment Protection Authority

EPI environmental planning instruments

EPL environment protection licence

FSE Farm System Evaluator tool

FSP food safety plan

IBC intermediate bulk container

IDA integrated development assessment

kg kilograms

L litres

LEP local environmental plan

m metres

ML megalitres

mm millimetres

MEMP Manure and Effluent Management Plan

MRL maximum residue limits

NLIS National Livestock Identification System

NMP nutrient management plan

OEH Former NSW Office of Environment and Heritage (now Environment and Heritage as part of DCCEEW)

QA quality assurance

REF Review of Environmental Factors

SEARs Secretary’s Environmental Assessment Requirements

SEE Statement of Environmental Effects

SEPP State Environmental Planning Policy

WAL water access licence

Acoustic The science that deals with the production, control, transmission, reception, and effects of sound.

Agronomic Relating to the science and technology of producing and using plants by agriculture for animal or human consumption or fibre. Includes fodder production, crop production, cultivation of land and soil management.

Amenity The comfortable enjoyment of life and property, particularly with regard to visual appearance, odour, dust, noise and light spill.

Ancillary development A development that is subordinate or subservient to the dominant purpose.

Appropriate regulatory authority (ARA) A public authority declared by NSW regulation. The NSW Environment Protection Authority (the EPA) is the appropriate regulatory authority for ‘scheduled activities’ of the Protection of the Environment Operations Act 1997 (the POEO Act). Local councils and other local authorities are generally the appropriate regulatory authority for

non-scheduled activities with exceptions defined in the POEO Act.

Basic feed-out area A type of feedpad. Contains an area with a permanent compacted earthen feeding infrastructure shared by cows and vehicles, which may be dry scraped. Can be relocated to another site on the farm (with effort) if necessary.

Bedded pack Deep layers of organic material (for example, woodchips, straw, sawdust etc.) that form a bed and pack down over time.

Bedding Organic or inorganic material or manufactured products used to provide a comfortable lying space to improve animal health and welfare. Bedding materials include sand, composted manure, woodchips, sawdust, straw and rubber mats.

Buffer/setbacks/separation distances These terms are used interchangeably by agencies and industry. Each refers to the distance between the dairy complex or manure reuse areas and a sensitive receptor to reduce the risk of potential environmental and amenity impact. Distances are measured from the outer perimeter of the dairy complex or reuse areas unless otherwise indicated.

Buffers Areas of land established between the dairy complex and/or reuse areas and identified sensitive receptors to improve air quality, filter dust and noise and mitigate odour. These can be structures, earthen mounds or vegetation.

Bun stack An above ground storage option for silage where the harvested feed is heaped on the ground, rolled and covered completely with plastic.

Bund Watertight wall or embankment designed to prevent liquid entering and/or exiting an area.

Cattle shelter A permanent, engineered roofed structure, with or without walls, under which cattle can loaf and rest comfortably on loose bedding material. Cows are not confined in the shelter – they are free to move outside to access the feedpad (if present) or to return to paddocks.

Certified irrigation designer Independent or company-based irrigation designer who holds the certified irrigation designer (CID) accreditation of the Irrigation Association US, delivered and audited in Australia by Irrigation Australia.

Commodity shed A row of flat-bottom, usually concrete, storage bays or bunkers that are covered with a high roof for storage of wet and dry feedstuff materials such as by-products, grains and meals.

Compost A humus-rich soil conditioner produced by composting manure.

Compost bedded pack A bedding system where an active composting process is maintained in the base of the bedding pack to promote a clean, dry, comfortable bedding surface.

Composting A natural biological decomposition process that takes place under controlled self-heating and aerobic condition.

Concrete feedpad Concrete areas for cows and feed (usually separated), which can be scraped or flood washed, and could include other infrastructure such as earthen surfaced loafing areas, shade structures, sprinklers, and fans for cow cooling.

Condition A requirement imposed under the planning consent or a specific licence. It should identify what action must be carried out, who is responsible for carrying out that action, when the action must be done and how the action is to be done (for example, to a standard).

Consent authority The authority that determines a development application (DA) under the Environmental Planning and Assessment Act 1979. The consent authority may be a local council, a Local Planning Panel, the Department of Planning, Housing and Infrastructure (DPHI), the Independent Planning Commission, or the Minister.

Contained Where dairy cattle are contained to access water and feed for example, hay, silage, grain, or total mixed ration.

Contained housing An integrated facility for feeding and housing cattle with zero grazing such as a freestall, loose housing or dry lot (see terms and definitions). These facilities are considered ‘Dairy (restricted) use’ under the NSW planning system.

Controlled drainage area An area that collects and contains runoff from the dairy complex while excluding stormwater inflows.

Cross ventilation A negative pressure mechanical exhaust system that provides forced air movement across the housing from side to side.

Dairy Also known as a milking parlour. The dairy is a specialised area on a farm where cows are typically milked in groups.

Milking parlours come in various configurations, such as parallel, herringbone and rotary, each with its own method for positioning the cows and the workers or machinery that do the milking.

Dairy complex  Land where dairy cattle are milked, contained, loaded or unloaded, manure and effluent are stored and treated, cattle feed is prepared, handled or stored. The dairy complex does not include manure and effluent reuse areas.

Dairy developer The entity and its representative person/s undertaking the dairy development and therefore the applicant of the DA and responsible for compliance with consent and licence conditions.

Dairy development To plan and construct a new dairy complex or modify an existing dairy complex by introducing new facilities and/or making changes to the layout of the complex. This includes a new manure management system or modifications to an existing manure management system.

Dairy dry lot An open, well-drained area with an earthen surface and a shade structure over part of the area to protect animals from the sun and rain. A bedded area may be provided under the shade structure. Under the NSW planning system, this facility is considered a ‘dairy (restricted) use’ when is it used for more than 10 hours daily on a permanent basis.

Dairy (pasture based) A definition of the NSW planning system. A dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24-hour period (excluding during any period of drought or similar emergency relief).

Dairy (restricted) A definition of the NSW planning system. A dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24-hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.

Dairy system A broad term used for the dairy farm type based upon the integrated components of the feed system (grazing, brought-in supplements, partial mixed ration (PMR), total mixed ration (TMR), farm agronomy (fodder cropping, direct grazed pasture and fodder pasture systems), irrigated/dryland systems, and cattle handling and management systems.

Development application (DA) Commonly known as a DA, it is a process of seeking approval from a consent authority, usually local council, to carry out a development. The application is made under the Environmental Planning and Assessment Act 1979 (NSW).

Drain A conduit for conveying stormwater or liquid manure (effluent).

Drive alley The area adjacent to the feeding table on feedpads and in contained housing along which vehicles and machinery drive to deliver and push up feed. Cattle are not allowed access.

Due diligence An investigation, audit, or review performed to confirm facts or details of a matter under consideration.

Effluent A combination of liquid livestock faecal matter and wastewater from collection or livestock treatment systems. It is produced by cleaning the dairy shed and holding yards with water. It may also include stormwater, residual milk, and chemicals from cleaning dairy plant and equipment. Effluent may be recycled (recycled effluent) and used for washing manure from areas such as holding yards, alleys and housing facilities, or applied to land (see also manure).

Environmental management plan (EMP) Outlines how the development has potential to impact the people or the local natural environment in which it occurs and sets out clear commitments from the developer on the actions that will be undertaken to avoid, minimise and manage impacts so that they are acceptable. Includes monitoring and reporting requirements and actions to be taken in the event of the failure of any mitigation measures.

Environmentally sensitive areas NSW planning system term for areas identified in several NSW Acts, policies and international conventions that have cultural, biodiversity and habitat significance (see 5.1.3).

Erosion The wearing away of the land surface by rainwater, water flow, or wind, removing soil from one point to another.

Farm System Evaluator tool An online tool developed by Dairy Australia to gain an understanding of the drivers for farm system change, objectives, and outcomes. The tool supports users to select the most suitable dairy system and facility type for a development and gauge readiness to proceed with planning and construction.

Facility A

place or structure within the dairy complex required for the purpose of operating the dairy system.

Feed alley The alleys occupied by cattle when they are accessing feed. These alleys are located parallel to the feeding table.

Feed table The surface on which feed is placed when feeding cows on feedpads and in contained housing facilities.

Feedpad Used for supplementary feeding cattle where the surface is either formed, laid with a durable material, or stocked at a rate that precludes vegetation. Examples of feedpad facilities include temporary feed-out area, basic feed-out area, formed earthen feedpad and concrete feedpad.

Fertcare® accredited advisor Nutrient advisors who have successfully completed all requirements of Fertilizer Australia’s national accreditation program and ongoing biennial audits. Advisors offering dairy specific nutrient planning and management advice must meet performance standards as outlined in the Fertcare® standards for nutrient planning on Australian dairy farms (Fertilizer Australia, 2020).

Flood An overflow of water that submerges land that is usually dry. A 1% annual exceedance probability (AEP) flood is a large flood with an average recurrence interval (ARI) of 100 years.

Formed earthen feedpad A type of feedpad. Has a compacted surface shared by cows and vehicles and is regularly scraped. Fixed structures including purpose-built concrete troughs or nib wall or cable or hot wire and may include narrow cement strip for cows to stand on while eating, loafing areas and/or shade structures.

Freeboard The elevation difference between the full pond and the crest of the bank. Freeboard protects the bank from wave action, riling, by-wash flows and overtopping under high-intensity rainfall and fast filling.

Freestall A type of contained housing facility where cattle are allocated bedded cubicles (stalls), which they are free to enter to lie down as they please. They are used for long-term housing of cattle and may be an open-air, partially, or fully enclosed structure, with or without an additional loafing area for cattle to stand to use. This facility is considered ‘Dairy (restricted)’ use under the NSW planning system.

General terms of approval (GTAs) The terms and conditions recommended by authorised regulatory and referral authorities to be imposed on the development consent for future licensing applications following planning approval.

Groundwater All water below the land surface that is free to move under the influence of gravity.

High traffic laneways Laneways frequently used within, and to access, the dairy complex. These laneways are high traffic areas and are located within or connected to the controlled

drainage area for example, a laneway directly behind the dairy or machinery lane to and from the feedpad.

Holding yards Contained areas where cattle are deliberately held prior to accessing the dairy (dairy parlour) or after being milked in the dairy.

Impermeable Materials with a permeability less than 1x10-9m/s. For design purposes, this includes concrete, synthetic pond liners or suitable compacted clay liner.

Landscaping The use of plants, earthen banks, or other features to provide visual amenity and/or improve air quality and filter dust and noise (see also buffers).

Laneways Laneways used irregularly within the property connected to cropping and/or pasture areas.

Leaching The process whereby soluble nutrients (for example, nitrogen) are carried by water down through the soil profile.

Levee bank An earthen bank designed to confine or directs and solids to or away from designated areas.

Licensed premise A dairy operation that holds an environment protection licence (EPL) as it is determined to be conducting a ‘premises-based’ ‘scheduled activity’ under Part 1 of Schedule 1 to the POEO Act. If the dairy complex can accommodate more than 800 dairy animals at any time, it is considered a ‘premises-

based’ ‘scheduled activity’ and will be assessed under the POEO Act (see Section 7).

Loafing area A formed surface adjacent to a feedpad, or within the contained housing facility. Its primary purpose is to provide a separate area away from the feeding table for cattle to stand, lie, ruminate, or idle.

Local Environmental Plan A type of delegated legislation that exists in New South Wales under the Environmental Planning and Assessment Act 1979 (EP&A Act). Local Environmental Plans (along with State Environmental Planning Policies) are a type of environmental planning instrument under the Act.

Loose housing  A type of contained housing facility where there is a large open bedding area, without individual stalls. These facilities are typically categorised by their management of the bedded area as a:

• compost bedded pack that is mechanically tilled at least twice daily
• deep litter pack where absorbent organic bedding is added regularly to the bedded area, but there is no mechanical tilling.

This facility is considered ‘Dairy (restricted)’ use under the NSW planning system where is it used for more than 10 hours daily on a permanent basis.

Manure and/or manure stream Livestock faecal and urinary excreta in a liquid, slurry, semi-solid and solid form. It can also include waste feed, bedding and soil.

Liquid manure is typically referred to as effluent (see also effluent). Effluent is produced by cleaning the dairy shed and holding yards with water. It may also include stormwater, residual milk, and chemicals from cleaning dairy plant and equipment. Effluent may be recycled (recycled effluent) and used for washing manure from areas such as holding yards, alleys and housing facilities, or applied to land (see also effluent).

Manure and Effluent Management Plan (MEMP) Also known as an Effluent Management Plan. A plan prepared by a trained effluent system designer (see term and definition) or professional services with demonstrated experience. The plan outlines principles for the effective management of the identified manure streams produced by the proposed dairy system, performance-based design criteria for the manure management system (see term and definition), including capture, containment, treatment and application to identified manure reuse areas. It also outlines the optimal operation, maintenance, and monitoring requirements for the designed system. Potential risks to the environment and sensitive use/sensitive receptors (see term and definition) and mitigation measures are addressed.

Manure management system An integrated system designed to manage the manure stream from its point of generation through to its reuse onto land, or off-site export. It typically includes components to contain, manage, store and/or reuse manure.

Manure reuse area The area of farmland that is determined to be the most suitable for application to land of manure (liquids, slurry, solids, and bedding) as a source of nutrients for

agronomic purposes. Soil nutrient levels are monitored over time to ensure oversupply of nutrients is avoided. The manure reuse area is determined within the Manure and Effluent Management Plan (see term and definition).

Milking platform The total hectares of land directly contributing to milk production and includes grazed and harvested forage (pasture and crops) and designated feeding and sacrifice areas. The milking platform is where the greatest nutrient inputs, manure deposition, nutrient cycling, pasture, crop and milk production and potential for nutrient losses, is occurring.

Mixer wagon A trailer pulled by a tractor that mixes a variety of feeds together using an auger so the feed ration can be supplied to cattle along a feeding table in contained housing or on a feedpad, in a trough or along a fence line. When the nutritive value of each feed is known, a complete PMR or TMR can be formulated to provide a balanced diet with reduced wastage.

Nib wall A small concrete wall constructed along the perimeter of alleys to prevent manure from leaving the feedpad or contained housing facility or entering the feeding table.

NSW Planning Portal (planningportal.nsw.gov.au) Online platform to guide and support the planning pathway and processes under the EP&A Act. It can be accessed by applicants and consent authorities and must be used for application submission and formal document and response control between parties. It also provides access to planning tools such as the Spatial Viewer mapping system.

NSW planning system or planning system State and local planning legislation and policies set the rules that control what development can occur on your land. The planning system has a hierarchical structure with the EP&A Act sitting at the top of the hierarchy.

Nutrient Management Plan (NMP) A plan prepared approximately biennially by a Fertcare® accredited advisor (see term and definition) or agronomist with demonstrated dairy agronomy experience for obtaining the optimal return from on- farm (manure, see term and definition) and commercial nutrient resources in a manner that minimises nutrient losses to the environment. The plan divides the farm into Farm Management Zones (FMZ) and considers current fertility of the soil from laboratory tests, fertility soil targets and the pasture/crop, as well as the cycling of nutrients brought into (grain) and taken out (sold hay/silage) of the farm system. An NMP is part of the MEMP (see term and definition) for new developments where application to land (manure reuse areas, see term and definition) is specified.

Partial mixed ration (PMR) A method of feeding where feedstuffs, supplementary to what cows will graze, are combined as a single mixed ration, and fed in between bouts of grazing, so the mixed ration makes up only part of the cows’ diet.

Referral authority When reviewing a DA, planning authorities such as councils, may require advice or agreement from another NSW Government agency, or between councils. Referral authorities are typically NSW Government agencies but may also be other entities such as electricity distributors.

Registered environmental assessment practitioner (REAP) A REAP is a qualified and skilled environmental practitioner who has been certified under an accredited REAP scheme offered by the Planning Institute of Australia or the Certified Environmental Practitioner Scheme (CEnvP). In NSW, all environmental impact statements (EIS) for state significant development (SSD) and state significant infrastructure (SSI) projects need to be reviewed by a REAP.

Review of Environmental Factors (REF) A document that sets out how the development factors are likely to impact the environment. A REF provides a preliminary assessment of generally lower-impact activities unlikely to cause significant environmental effects through mitigation.

Roofed feedpad Concrete areas for cows and feed (usually separated) which can be scraped, or flood washed, with solid- roofed or shade sail structures over feeding table and/or loafing

areas and may include sprinklers and fans for cow cooling.

Sediment Solid material that is moved and deposited in a new location. It can consist of varying sized rocks and minerals, as well as the remains of plants and animals and moves from one place to another through the process of erosion.

Settling pond A pond structure that allows the settling out and storage of solid material from the manure stream.

Sensitive receptor Occupier, worker or user that may be impacted by odour, dust, and noise. Includes flora, fauna and natural assets of environmentally sensitive areas. For example, dwellings, hospitals, schools, child care centres, caravan parks and other uses involving the presence of people for an extended period. Distances are measured from the outer perimeter of the dairy complex or reuse areas to the associated sensitive receptor unless otherwise indicated.

Stall alley In a freestall, these are walkways to enable the cows to access the stalls.

Stalls Individual resting spaces or beds in a freestall, which cows are free to enter and leave as they please.

Stocking density Feedpad: space per cow; Freestall: number of cows per stall; Loose housing: cows per square metre of bedded area; Grazing area: number of cows (related to dairy operation) per hectare.

Stockpile area  A bunded area with an impermeable base used for the temporary storage of manure or compost.

Stormwater Rainfall runoff from building roofs, other hard surfaces and land.

Surface waters A waterway, any body of water above the ground, including streams, rivers, lakes, wetlands, reservoirs, and creeks.

Temporary feed-out area An area where feed is delivered to cows either on the ground, or in hay rings or tractor tyres. It could be in a pastured or bare cropping paddock, a designated sacrifice paddock or along a laneway without a prepared surface. It can be readily relocated to other sites on the farm.

Temporary housing Shelters used by dairy (pasture based) systems (see term and definition) to manage wet, cold, windy winter conditions which may stress cows and lead to mastitis, and cause damage to paddocks and laneways, and in summer when heat impacts milk production and cow welfare. The most commonly used temporary housing system is a cattle shelter (see term and definition).

Topography The shape of the ground surface as defined by the presence of hills, mountains or plains, both natural and artificial, of an area, such as are required for a topographic map.

Total dissolved solids (TDS) A measure of the inorganic salts and small amounts of organic matter dissolved in water. The main constituents are usually calcium, magnesium, sodium, and potassium cations and carbonate, hydrogen carbonate, chloride, sulphate, and nitrate anions.

Total mixed ration (TMR) A method of feeding used in a dairy (restricted) (see term and definition) system which involves mixing all diet ingredients together into a single ration so that,

in theory, each mouthful the animal eats is nutritionally balanced.

Trained effluent system designer A service provider who has successfully completed the industry recognised course Design Livestock Effluent Systems and is therefore able to offer farmers relevant services with respect to planning, design, and management of dairy effluent systems. (https://agriculture.vic. gov.au/livestock-and-animals/dairy/managing-effluent/effluent- system-designers)

Tunnel ventilation A negative pressure mechanical exhaust system that provides forced air movement longitudinally through the housing from end to end.

Vegetated filter strip A vegetated area (grassed or structurally biodiverse) separating a waterway from an area where organic matter is deposited. It is designed to reduce the nutrient concentration of runoff through particle trapping and by increasing infiltration into the soil.

Vegetative buffer A dense multiple-row planting of trees or shrubs for the purpose of improving visual amenity and to support air quality, odour, dust, and noise improvements, along with providing a shelter belt and wind break.

Waterway Means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).