Discretionary pastoral activity decision - Burn - A5644877

For this decision summary:

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

Burn

5 years

For the part of the consent that was granted it was considered that there are significant farming benefits to the proposed burning at the areas recommended for approval. Appropriate conditions can be applied to reduce, avoid, remedy or mitigate any adverse effects on the land. We consider that the proposed burning will make it easier to farm and will help management to more effectively manage stock movement through these areas and the lease in general, as well as improve grazing.  Most of the areas where the burning is proposed have been modified through oversowing and topdressing and there should be minimal effect on the landscape.

For the part of the consent that was declined it was considered that for the areas recommended for decline, the adverse effects on the inherent values are significant and that any conditions will not adequately avoid, remedy or mitigate these adverse effects. These inherent values include:

• Some of the densest/most intact areas of red tussockland.
• The presence of a large Recommended Area of Protection (RAP) from the Protected Natural Area Programme. This RAP contains silver beech forest, regenerating broadleaf forest, a range of shrublands, shrub-tussockland, red tussockland, hard tussockland and peatbog.
• The presence of threatened plants and fauna.
• Areas of red tussock fens (a wetland type), along with bogs and other wetland types.
• Ecosystems of high natural character/inherent value.
• Indigenous vegetation and landscapes that are currently unfragmented.
• Indigenous vegetation and associated ecological sequences.

Consent is granted in part for burning, 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 between 1 July to 30 October and when ground conditions are appropriate (i.e. cold and damp) and weather conditions are ideal for burning (i.e. little to no wind).
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. Only red tussock and matagouri scrub within the approved areas may be targeted for the burning. Only patches of scrub where matagouri is greater than 90% of the scrub cover shall be burned. 
6. Within the approved sites, no contiguous area of greater than 5 hectares shall be burned.
7. No area approved for burning in this consent shall be burned more than once during the term of the consent.
8. No burning shall occur within at least 20 metres either side of any wetland or permanent waterway.  
9. All burned areas are to be spelled from grazing until at least 1st March of the year following the burn. This will require the entire block where burning has occurred to be spelled from grazing during this time, unless stock can be effectively excluded from the burned area through temporary fencing. 
10. All burned areas are to be topdressed within 12 weeks of the burn occurring and in accordance with the terms of the approval for this activity. Topdressing shall be thereafter maintained.  
11. 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.
12. A helicopter with a monsoon bucket is to be held on standby during all burning operations.
13. Toitū Te Whenua LINZ (Crown Property) and any other landowner within 1km of any area planned to be burned shall be notified of the burn at least 48 hours prior to the burn taking place.
14. Fire retardants may only be used in an emergency and not as a tool to manage the burn.
15. 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.
16. 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.
17. 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.
18. 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.
19. LINZ 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 of Crown Lands supplying full details of the circumstances.
20. That all staff and/or contractors employed to work on Beaumont Station are aware of the approved areas for burning and the conditions imposed on the consent.
21. Note this consent does not include the creation of firebreaks.

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