Discretionary pastoral activity decision - Burning vegetation - A5150696

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.

Burning vegetation

10 years

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that there are benefits to farming from allowing the lessee to burn vegetation on the approved areas to keep grazing areas and mustering routes open and enable construction of new fences as part of a development to improve pasture quality.

Being able to carry out this activity will therefore make it easier to use the land concerned for farming purposes, and the conditions recommended will promote good management practice and mitigate effects on inherent values identified in the area. 

In order to meet the conditions it may not be practical to burn some of the areas approved.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that these areas contain inherent values related to indigenous vegetation, rocklands, wetlands, waterways and habitat for flora and fauna that are desirable to protect and that would be adversely affected by granting consent to burn vegetation.

Consent is granted to burn vegetation within the areas shown outlined in blue on the plans attached, subject to the following conditions:

1. No area is to be burnt more than once.
2. Burning vegetation on rocky and erosion-prone areas is to be avoided.
3. Burning vegetation within 10m of any wetlands and 5m of any waterways is to be avoided.
4. A maximum of 40ha may be burnt in any one year.
5. The lessee is to develop and maintain a Burn Management Plan setting out the procedure for safe burning including a requirement for firefighting back-up.
6. The lessee is responsible for overseeing the burn operation and monitoring until fully extinguished.
7. The lessee is to consult with any appropriate authority on the development of the Burn Management Plan.
8. Any other necessary burning permits or consents are to be obtained before the burning is undertaken, eg Hurunui District Council, ECan, DOC.
9. Burning is to be carried out in weather conditions that minimise the risk of fire escape.
10. Burning may only be undertaken between June and October when ground conditions are cold and damp.
11. Any burned areas should be oversown and topdressed as soon as possible after the burn, and spelled from grazing as appropriate to ensure re-vegetation occurs as quickly as possible.
12. Any fire that burns outside the area for which consent has been granted, for whatever reason, is to be reported to LINZ within 1 day of the burn occurring, supplying full details of the circumstances.
13. The lessee must advise LINZ at least 48 hours before a proposed burn. LINZ may choose to inspect the post-burn site for compliance with these approval conditions.

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

Consent is declined to burn vegetation within the areas shown outlined in pink on the plans attached.