Discretionary pastoral activity decision - Burning - A5237927

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

5 years

For the part of the consent that was granted

Given the farming benefits of the request and also the advice of the Department of Conservation (DOC), it is considered appropriate to grant this request to burn on the indicated areas. It is considered that for those areas recommended for approval, any adverse effects on inherent values can be adequately avoided, remedied or mitigated by the proposed conditions. In particular, there shall be no burning within 20m of a waterway or wetland, and a sufficient spelling period from grazing to allow adequate tussock recovery. Being able to burn these areas, followed by oversowing and topdressing, will also benefit the farming operation by allowing more feed to be grown. This will have benefits on stock numbers and stock condition.

For the part of the consent that was declined

Given the advice of DOC and considering the assessed farming benefits, it is considered that for areas over 1,000m above sea level, the adverse effects on inherent values would be too great to allow burning. Higher altitude areas are more prone to erosion, have a shorter growing season and are less likely to adequately recover from burning. Therefore, the application for burning consent is declined for those areas indicated in the map.

Consent is granted for burning in the areas identified on the attached map, subject to the following conditions:

1. Burning is to be restricted to those areas identified as being approved on the attached map.
2. Burning may only occur in the period from the 1 July to 31 October and when ground conditions are appropriate (i.e. cold and damp) and weather conditions are ideal for burning, and there is a snow line down to at least 1,000m above sea level (ASL).
3. The lessee must hold any other necessary burning permits or consents and meet any conditions imposed by Fire and Emergency New Zealand (FENZ), local Rural Fire Authority and/or those required under other enactments.
4. FENZ should be consulted about the burn for advice and guidance on how it is managed in order to keep it under control and within the designated area, including maintaining setbacks.
5. No area approved for burning in this consent shall be burned more than once during the term of the consent.
6. No burning shall occur within at least 20m either side of any wetland or permanent or seasonal waterway.
7. All burned areas are to be spelled from grazing for a minimum of one full growing season plus one winter following the burning activity, and tussock and inter-tussock species must be allowed to recover following a burn. Hardened tussock growth should have reached 20cm in length before grazing resumes. If this recovery has not occurred, then it will be necessary to withhold grazing and stocking until such a time as this recovery occurs. This may also require the entire block where burning has occurred to be spelled from grazing for such a time unless stock can be effectively excluded from the burned area through temporary fencing.
8. All burned areas are to be oversown and topdressed within 12 weeks of the burn occurring and in accordance with the terms of the approvals for these activities. For the southwestern area of Site 5 (approximately 22ha) where there is no existing oversowing and topdressing consent, this area is hereby approved under the same conditions of an earlier consent. Oversowing and topdressing shall be thereafter maintained over any burn areas. Where possible, all seed sown shall be certified weed free.
9. Following any burning, the lessees shall ensure that all exotic woody weeds within the burn area are controlled before they have set seed. Furthermore, the lessees shall ensure that an ongoing, annual programme of weed control is carried out to ensure that exotic woody weeds do not spread through these blocks.
10. A helicopter with a monsoon bucket is to be held on standby during all burning operations.
11. Toitū Te Whenua LINZ (Crown Property) and any landowner within 1 km of an area which is planned to be burned shall be informed at least 48 hours prior to the burn taking place.
12. Fire retardants may only be used in an emergency and not as a tool to manage the burn.
13. Fire suppressant must not be applied within an area of wetland area or to immediately adjacent to a waterway; furthermore, it must be applied in a manner which ensures the suppressant does not run into these areas.
14. Any chemical used to control a fire must be mixed in a controlled setting where there is no possibility of run off into any waterway.
15. Kia Tahu ki Otago shall be advised prior to any burning and provided opportunity to comment on the location of any wāhi tapu sites (places sacred to iwi or hapu in that particular area) within or adjacent to the sites proposed to be burned. Should any sites be identified, no burning shall be undertaken at that location.
16. The people involved in lighting and controlling the fire shall have prior experience with burning and shall supervise the burn closely throughout the duration of the burn. Furthermore, the burnt area shall be inspected thoroughly following the completion of the burn to ensure the fire is completely extinguished before leaving the area.
17. Toitū Te Whenua LINZ (Crown Property) shall be notified within 24 hours of completion of the burning. This notification from the lessee should confirm that all conditions have been complied with, and/or advise of any incidents or issues that may have occurred during the work. Any fire that burns outside the area for which consent has been granted, for whatever reason, is to be reported to the Commissioner supplying full details of the circumstances.
18. That all staff and/or contractors employed by Mt Alexander Station are aware of the approved areas for burning and the conditions imposed on the consent.

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

Consent is declined for burning the areas as identified in red on the attached map.