Commercial recreation permit decision - Enable applicant to remove gravel from riverbed - A5565825

For this decision summary:

• LINZ received the application on or after 17 November 2022
• accordingly, the decision was made under the Land Act 1948, including the amendments taking effect on 17 November 2022.

Enable applicant to remove gravel from riverbed

18 months

The proposed activity falls within the provisions of Section 66A of the Land Act 1948 and the terms and conditions below will minimise any potential adverse effects of the proposed activity As a result, the adverse effects on the inherent values will be no more than minor. 

Consent is granted for gravel extraction and processing, subject to the following conditions:

1. Not remove any vegetation or light any fire on the Operational Area.
2. Not at any time cause any building, erection, structure or fence or alteration or addition thereto to be placed or carried out upon the Operational Area other than those provided for in the First Schedule.
3. Restore to the original location and condition or better the boundary fence and gate alteration as provided for in the First Schedule and restore associated areas where soil has been disturbed to their former condition. 
4. Comply at all times with all laws including but not limited to all statutes and regulations and obtain all approvals, consents, licences and authorisations by all relevant parties as are necessary and comply with the relevant industry standards and codes of practice in order for the Grantee to conduct the Activities permitted by this Permit and, in particular, obtain and comply with any consents required or issued by Environment Canterbury Regional Council (ECAN) and or local authorities (if required). Any other approvals or consents required with regard to access to the Operational Area or undertaking of the Activities shall be the sole responsibility of the Grantee to obtain.
5. Ensure that at the end of each day during the term of this Permit that all materials, contaminants, human waste and refuse, created by the Grantee as a result of the Activities permitted by this Permit, are removed. 
6. Ensure all stockpiled material is removed at the expiration of this Permit and that any damage or disturbance to the surface of the Grantor’s land, as a result of the Activities permitted by this Permit, is restored to its former condition and to the reasonable satisfaction of the Grantor and Lessee.
7. Ensure that the sites where extraction has occurred shall, to the satisfaction of the Grantor, be restored to the natural landform to minimise visual effects and assist the recovery of Sawdon Stream.
8. Ensure that on, expiry or early termination of this Permit, the Grantee has removed and taken away or cause to be removed and taken away all materials, structures, contaminants, vehicles, equipment and vegetation placed on the Operational Area for the purposes and Activities set out in the First Schedule.
9. Ensure that all vehicle use is kept to existing formed tracks when accessing the gravel extraction and stockpiling sites on the Operational Area.
10. Prior to entering on to the Operational Area, ensure that all plant, vehicles and machinery are water blasted and thoroughly cleaned so that all soil and vegetative matter is removed in order to minimise the risk of introducing pest species to the Operational Area.
11. Comply at all times with the provisions of the Biosecurity Act 1993 and any amendments or substitutions thereof, including compliance with guidelines for limiting the spread of Didymo as published by the Ministry for Primary Industries.
12. Comply with the provisions of the Health and Safety at Work Act 2015 or any Act in substitution thereof, and any regulations thereunder. 
13. Ensure that the Activities authorised by this Permit will be confined exclusively to the Operational Area (as defined on the map attached as the Third Schedule hereto) and use the Operational Area solely for the Activities authorised by this Permit.
14. Take all reasonable precautions, in relation to any motor vehicle or machinery, to prevent the accidental starting of any fire, particularly at times of high fire risk.
15. Comply, at all times with all conditions imposed in Resource Consents CRC234450 and CRC234451 issued 17 August 2023.
16. If a culvert is used, it must comply with the New Zealand Fish Passage guidelines.
17. Ensure that the Activities are not undertaken within the wet bed of Sawdon Creek.
18. Ensure that refuelling takes place off-site or within the stockpiling area using spill matting. Mats to be taken off-site and disposed of correctly.
19. Ensure that prior to the freshwater bird breeding/nesting season (1 September to 1 February) all conditions of Resource Consent CRC234450 have been adhered to with regard to the survey of the Operational Area to locate any nests, colonies or chicks of any ‘Nationally Threatened’ or ‘At Risk’ bird species present and furthermore, comply with the conditions of the said Resource Consent CRC234450 should the said nests, colonies or chicks be found to be present. For avoidance of doubt, the Grantee is not permitted to undertake the Activities on the Operational Area until the ‘Pre-Works Survey Report has been reviewed and accepted by Canterbury Regional Council and provided to the Department of Conservation at twizel@doc.govt.nz.
20. Ensure no dogs are taken on to the Operational Area during the bird breeding/nesting season as referred to in clause 4.18 above.
21. Ensure that stockpiling is only to occur on the area identified for that purpose on the Operational Area Plan in the Third Schedule of this Permit.

Recreation permits granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in Appendix H of the the Standard for purchase, alienation, and administration of Crown land - LINZS45002.