Discretionary pastoral activity decision - Soil disturbance and clearing of scrub - A5150692

Following changes to the Crown Pastoral Land Act that took effect on 17 November 2022, Toitū Te Whenua Land Information New Zealand now publishes summaries of decisions on applications for consent to undertake activities on Crown pastoral land, on behalf of the Commissioner of Crown Lands. The new requirement is outlined in s22D of the Crown Pastoral Land Act 1998.

For this decision summary:

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

Soil disturbance and clearing of scrub

10 years (including maintenance rights)

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that allowing the lessee to disturb soil and/or clear scrub for the construction of new fence lines along the approved lines will improve stock and pasture management and make it easier to use the land concerned for farming purposes. 

The conditions recommended will promote good management practice and mitigate effects on landscape and inherent values identified in the area.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that soil disturbance in these areas would be very visible from Lake Sumner Road and could significantly impact landscape values.

Consent is granted for:

1. soil disturbance and scrub clearance may be undertaken on or near the blue lines on the plans, up to 4m in width (including any spill), for the purposes of scraping new fence lines, and 
2. scrub clearance by spraying or non-mechanised methods only may be undertaken on or near the pink lines on the plans, up to 2m in width, for the purposes of clearing new fence lines,

subject to the following conditions: 

1. Soil disturbance is to be kept to the minimum required to clear the lines, particularly where it passes through indigenous vegetation and waterways, and in areas where it could be visible from Lake Sumner Road. 
2. Any spill is to be positioned in a way that prevents sediment reaching waterways, seeps and wetlands. 
3. Soil disturbance through rocklands is to be avoided. 
4. Disturbed soil is to be re-seeded as soon as possible with pasture seed certified as being free of weed seeds and impurities.
5. Any uphill batters are to be sloped off or struck back to minimise slumping and allow re-grassing. 
6. If required, cut-offs are to be constructed with adequate protection to prevent erosion, and run-off transfer should be to an area where sediment can settle or be filtered by vegetation before reaching any waterway, seep or wetland. 
7. Any contractor machinery and vehicles are to be steam cleaned prior to entry to the property to minimise the possibility of weed infestation. Any fuel and oil storage facilities are to be sited to eliminate the possibility of a leak or spill into waterways. 
8. The lessee must ensure any contractor operates under the conditions of this consent. 
9. The fencing arrangement in the area labelled “Area 1” must enable free access for stock between the blocks either side of the waterway. Stock are not to be held or allowed to congregate in this area. 
10. The conditions of this consent are based on the fencing arrangement shown on the plans attached, progressively undertaken within the consent term of 10 years. If it is decided to implement this consent only partially, a risk assessment must be undertaken by the lessee to identify any potential negative impacts on waterways and wetlands from stock. The fencing that is to be undertaken is to be done in a way that mitigates these. If the lines are proposed to change from the plans attached, a new consent is required.

Section 17 Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.

Consent is declined for soil disturbance on or near the pink lines on the plans.