Discretionary pastoral activity decision - Soil disturbance and fence construction - A5341877

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 including the amendments taking effect on 17 November 2022.

Soil disturbance and fence construction

5 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits to farming from the soil disturbance and fence construction are significant. It will allow the lessee and regional council to construct wallaby exclusion fencing as it relates to the Tipu Mātoro National Wallaby Eradication Programme. The exclusion fence will assist in the goal to eradicate wallabies outside the Canterbury containment area and reduce numbers within it.
The inclusion of conditions around the fencing construction, site preparation, vehicle usage, storage of materials and regular and/or flood event monitoring will minimise adverse effects. 

Consent is granted to disturb soil for fencing on the Grays Hills pastoral lease, subject to the following conditions:

1. That soil disturbance is limited to the Operational Area as described and depicted on the map attached to this Notice of Decision.
2. Soil disturbance is kept to the minimum width necessary for the effective construction of the fence.
3. Ground preparation adjacent to the fence-line at locations E (removal of stones) should be undertaken by hand or by careful use of a machine-mounted blade or bucket; otherwise, disturbance of vegetation or soil adjacent to the fence-line by grading should be avoided.
4. Use of machinery away from existing vehicle tracks should be restricted to light wheeled vehicles; heavy or tracked vehicles should be confined to existing vehicle tracks.
5. Use of any vehicles away from existing tracks should be minimized.
6. All vehicles and equipment should be clean and clear of any weed seeds prior to entering the site.
7. Storage of fencing materials should preferably be at disturbed sites (such as roads), and otherwise be at sites where notable plant species are absent.
8. All disturbed ground along the fence-line should be inspected six-monthly for a period of five years following completion of the fence, to identify new plant pest infestations. All new plant pest infestations should be controlled. Clearing may be carried out by mechanical mulcher, or handheld tools including chainsaw and/or scrub bar.
9. A “break away hinge” mechanism should be included within the area where the new fence will cross the Edward Stream. This will ensure only a section of the fence is sacrificed if the Edward Stream was to flood and debris was to cause the fence structure to be washed down stream.
10. Environment Canterbury staff to check the fence structure as soon as practicable after a flood event to ascertain whether the fence structure has been sacrificed and all practical steps are followed to retrieve the missing section to prevent harm to fish and bird species as well as people who may be utilising the river for recreational purposes.
11. Be aware that marginal strip and legal road may be present within the Operational Area. These are administered by the Department of Conservation and the Regional Authority, respectively, and those lands are excluded from this Notice of Decision.
12. Comply at all times with resource consents – Mackenzie District Council RM220081 and Environment Canterbury CRC231969 – and their associated conditions.
13. That all contractors and employees working on Grays Hills pastoral lease under this CCL consent are informed of the conditions of this consent prior to the clearing works starting.
14. Maintenance of the fence as agreed between Environment Canterbury and the Grays Hills leaseholder, as detailed in 1 ‘AGREEMENT – TEKAPO CONTAINMENT WALLABY FENCE’, will rest with the current Grays Hills leaseholder, and any future transferees, for such a time that the fence becomes obsolete or redundant.
15. To the extent that this consent remains in effect at the time, it may be a condition of any consent under section 89 Land Act 1948 to transfer or sublease that any transferor or sublessee shall be bound by and comply with this consent in all respects.

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