Discretionary pastoral activity decision - Forming tracks - A6075737

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.

Forming tracks

5 years (with maintenance rights)

The Commissioner of Crown Lands has determined that the benefits from being able to form the proposed tracks are significant. The proposed tracks will make it safer and easier to move stock around the lease, for farm management, and improve the control of wilding trees and other weeds and pests. Appropriate conditions have been imposed that will ensure the track is suitably constructed and assist in mitigating potential adverse effects. The delegate of the Director General of Conservation has advised that any inherent values will not be adversely affected by the proposed tracking provided any clearing and soil disturbance is kept to the minimum necessary and areas of grey shrubland or indigenous trees are avoided.

Consent is granted to form tracks, subject to the following conditions:

1. That the new track formations are limited to the areas as indicated on the map attached to the Notice of Decision. Some minor adjustment is permitted to avoid areas of indigenous scrub, allow for the best gradient or minimise soil disturbance.
2. Tracks 1 and 2 are to be a maximum width of 4 metres, excluding batters and water tables. Track 3 shall have a maximum width of 1.5m.
3. That soil disturbance and vegetation clearance is kept to the minimum required to meet the Lessee objectives when establishing the track and that appropriate machinery is employed on the task to achieve this.
4. This application received on 24 October 2022 is processed in accordance with Schedule 1AA, clause 4 of the Crown Pastoral Land Act 1998, which requires the Commissioner to deal with the application as if the amendment Act had not been enacted.
5. That no tracking, vegetation clearance or soil disturbance is to occur within 10m of old growth (>1.5m in height) or intact grey shrubland communities or indigenous trees (such as Olearia sp. and manuka).
6. That there shall be no use of a bulldozer to form the track within 5 m of any permanent waterway. Extra care shall be taken around waterways to avoid or reduce sediment from entering the waterway as much as practically possible.
7. Any new tracking shall avoid rocky outcrops and wetlands (both permanent and ephemeral) wherever possible.
8. That all machinery intended to be used to construct the track is cleaned of plant material and soil prior to entering Ben Lomond Station to avoid weed contamination.
9. That any cuts and fill be battered to ensure stability and shaped so they blend into the surroundings and are suitable for re-vegetation.
10. Any seepages or stream crossings shall be dealt with through the installation of appropriately placed culverts or natural rock armouring. All crossings, either hard based or culverts must allow for fish passage.
11. That once the track has been formed, any disturbed ground is oversown with a suitable seed and fertiliser mix to avoid visible bare ground. The area is to be left in a tidy condition.
12. The tracking is to be undertaken to the standards outlined (where appropriate) in sections 4-11 of the Guidelines for the Construction of Access Tracks and Firebreaks (National Water and Soil Conservation Organisation 1980).
13. That the lessee investigates its responsibilities with regards to compliance with the Heritage New Zealand Pouhere Taonga Act 2014, due to the presence of pre-1900 archaeological features on the lease. Should this investigation determine that a heritage assessment is required, this shall be carried out by an appropriately qualified person prior to any work commencing on the new tracks.
14. If the heritage assessment is required under condition 12 and the assessment determines that track construction is possible, Then the recommendations by the qualified archaeologist must be adhered to and all other required heritage consents (such as an Archaeological Authority from Heritage New Zealand Pouhere Taonga for modifying an archaeological site) must be obtained before any track works commence. If the assessment determines that the tracks should not be constructed on or through a heritage site, then no tracking these sites shall occur.
15. That for any tracking within 20 metres of McConnochie Creek, the lessee will require a separate permission from the Department of Conservation as this is on Marginal Strip. Marginal Strip is managed by the Department of Conservation under s4 of the Conservation Act 1987
16. That all contractors and employees carrying out the tracking work on Ben Lomond are informed of the conditions of this consent prior to the tracking work starting.

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