Discretionary pastoral activity decision - Clear scrub - A5935542

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.
   

Clear scrub

10 years

For the part of the consent that was granted it was considered that there are significant farming benefits to the proposed clearing at the areas recommended for approval. Appropriate conditions can be applied to avoid, remedy or mitigate any adverse effects on the land on the approved areas. We consider that the proposed clearing will make it easier to farm and will help management to more effectively manage stock movement through these areas and the lease in general. Most of the areas where the clearing 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 density, age and diversity of the scrub in these locations is significant and that any conditions will not adequately avoid, remedy or mitigate the adverse effects on the inherent values. Other inherent values within the areas recommended for decline include:

• The presence of silver beech forest, regenerating broadleaf forest and other threatened plants and fauna
• Areas of red tussock fens (a wetland type), along with other wetland types.
• Ecosystems of high natural character/inherent value.
• Indigenous vegetation and landscapes that are largely unfragmented.
• Indigenous vegetation and associated ecological sequences.

Although the scrub clearance will not necessarily directly affect some of these values, it could impact on the ecosystems, ecological sequences and landscapes of the area in general. The Commissioner of Crown Lands therefore considers that some of the application area should be declined.

Consent is granted in part for scrub clearance subject to the following conditions:

1. That clearing will only occur within the areas shown as being approved as indicated on the map attached to the Notice of Decision.
2. That any clearing is limited to a strip no wider than 20m maximum through the scrub. Notwithstanding this, on no approved area shall the total contiguous area of scrub cleared be greater than 0.5ha.
3. For Site AC1, clearing is limited to those areas where previous clearing has occurred through the scrub, as indicated in the Notice of Decision in red and blue in the attached map of. The existing lines cleared shall not be widened any further.
4. There shall be no clearance of more extensive shrublands and areas of taller (i.e. > 1.5 m high), older and more diverse (i.e. areas with more than 5 shrub/vine/woody species present) native woody vegetation.
5. There shall be no clearance either shrubland containing emergent forest species (including black mapou/kohuhu, broadleaf and marbleleaf) or regenerating forest.
6. Clearing may be carried out using a helicopter or by hand-held methods.  The lessee shall ensure that the GPS records from any helicopter spraying, showing where herbicide has been applied, are retained for at least 10 years after the spraying has occurred and supply these records to the CCL or his delegate upon request.
7. Clearing may also be carried out using a mechanical mulcher where the terrain allows for this method. 
8. Aerial spraying will be conducted by an authorised and competent practitioner who holds a CAA Part 137 Agricultural Operations certificate.
9. Spraying should be conducted only when conditions are such that spray drift is kept to a minimum.
10. That any aerial blanket spraying will seek to keep the amount of collateral damage to non-target species to a minimum. This will be through using herbicides or concentrations of herbicides that are less harmful to native species (with the exception of matagouri).
11. No clearing by spraying shall occur within a 20 metre strip either side of any permanently flowing watercourse or wetland.
12. Any equipment or machinery used for the clearing shall be cleaned of any soil or plant material at a location off the Ardross pastoral lease prior to carrying out the clearing.
13. The consent can be revoked before the end of the term at the discretion of the Commissioner of Crown Land should the conditions of the consent not be complied with.
14. That all contractors and employees working on Ardross Station under this consent are informed of the conditions of this consent prior to any clearing works starting.

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