Discretionary pastoral activity decision - Soil disturbance - A5568986

For this decision summary:

• LINZ received the application before 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 excluding the amendments taking effect on 17 November 2022

Soil disturbance

5 years (with maintenance rights)

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that granting consent to form the nutrient/sediment sinks identified as 1a, 1b, 2a, 2b ,2c, 2d, 2e, 3a & 3b, will make it easier to meet environmental standards and to use the land for farming purposes, and that any adverse effects on inherent values can be minimised through compliance with the conditions outlined below.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that granting consent to form the nutrient/sediment sink identified as 1c, will have adverse effects on inherent values, which cannot be mitigated by the application of conditions and that protecting these values outweighs the desirability of making the land easier to farm. In particular, the Commissioner declines noting:

• The area concerned is a wetland which is a nationally threatened ecosystem. Wetlands provide ecosystem services including filtration of sediments, carbon sequestration, plus the ability to act as a sponge and hold large amounts of water thus reducing the negative impacts of flooding. 
• Construction of a sediment sink in this location will cause the loss of the wetland including the loss of ecosystem function, and habitat for indigenous plant and or invertebrate species. Natural filtration of sediments by the wetland will be lost.
• Although the area is highly modified further loss of wetlands or landscape values is not supported.

Consent is granted to disturb soil to form nutrient/sediment sinks, for those areas identified, subject to the following conditions:

1. All nutrient/sediment sinks shall be fenced to prevent access by cattle.
2. The margins of the nutrient/sediment sinks shall be planted with appropriate indigenous wetland species. Plants/seedlings must be obtained from elsewhere on the Jollies, within the same ecological district (Nokomai) or ecological region (Waikaia).
3. The lessee shall seek consent from the Commissioner of Crown Lands if planting outside those permitted under condition 2.
4. The lessee shall gain any necessary consents for introducing kōura (freshwater crayfish). This may be approval from the Department of Conservation (DOC) for species that are not currently in the waterway, or approval from the Ministry for Primary Industries (MPI) for a new freshwater location within a waterway in which they are present.
5. All machinery used in construction and clearing of the nutrient/sediments sinks is to be thoroughly cleaned and free of weed seeds.
6. Without undertaking a survey, it is not possible to determine whether site 3a is considered a waterbody that qualifies for a marginal strip administered by DOC. Please consult with DOC and obtain any necessary authorisations before commencing works.

The Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.