Discretionary pastoral activity decision - Soil disturbance (fencing) - A6081856

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.
   

Soil disturbance (fencing)

15 years

For the part of the consent that was granted it was considered that there are significant farming benefits from the proposed soil disturbance for fencing at the areas recommended for approval. Appropriate conditions can be applied to avoid, remedy or mitigate any adverse effects on the land. We consider that the proposed soil disturbance for fencing will make it easier to farm by enabling stock to be held in specific areas, reduce mustering time and allow better rotational grazing.

For the part of the consent that was declined it was It is 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. The adverse effects include:

• The modification or loss of indigenous vegetation along the fence alignment.
• Fragmentation of areas of extensive indigenous vegetation.
• Fencing through damp red tussockland and red tussock fen wetlands will cause damage to these sensitive areas during fence construction. There will be ongoing impacts from stock tracking along the fence.
• Several crossings of branches of Elbow Creek. Stock will follow the fence and so will frequently cross watercourses (and wetlands), resulting in damage to riparian areas, stream banks and instream habitat. 
• There will be impacts on water quality both from construction and from ongoing stock access along the stream.

Consent is granted in part for soil disturbance, subject to the following conditions:

1. That soil disturbance is limited to the approved areas as indicated on the map attached to the Notice of Decision. Some minor modification of the alignment is permitted to minimise the amount of ground levelling and soil disturbance, or to avoid indigenous scrub or forest.
2. For the section of soil proposed for fencing in the area identified as ‘B’ and coloured in yellow on the attached maps, this soil disturbance is only authorised by this Notice of Decision if the purpose of the fence is to exclude all stock from the wetland located to the south of this fence. If the lessee plans to continue stocking the block containing this wetland following the construction of this fence, then this fence shall not be constructed – i.e. it is declined.
3. The fence lines are to be constructed in accordance with best practice protocols.
4. Any spill is to be positioned in a way that prevents sediment reaching waterways, seeps and wetlands.
5. Any uphill batters are to be sloped off or struck back to minimise slumping and allow re-grassing. 
6. The fence construction is to minimise impacts to dense red tussockland.
7. Cut-offs are to be constructed with adequate protection to prevent erosion, and run-off transfer should be to an area where sediment can settle or be filtered by vegetation before reaching any waterway, seep or wetland.
8. Soil disturbance will be limited to the minimum amount required to safely construct a stock proof sheep and cattle fence.
9. For avoidance of doubt, this consent also authorises any scrub clearance required as part of the soil disturbance.
10. Soil disturbance may be undertaken utilising a dozer or digger/excavator, except for the section on Etal Hill as indicated on the attached map. For this area, vegetation may only be cleared using hand tools only. 
11. No mechanical soil disturbance or clearing with a dozer shall occur within 5m of any waterway to prevent erosion and sedimentation into the water. 
12. The width of soil disturbance should not exceed 3.5 metres and, where practical, the general ground cover shall remain intact.
13. Cut-outs shall be installed every 30-50 metres in steeper sections, in order to minimise runoff and scouring.
14. Any soil disturbance for the fencing shall avoid denser areas of wetlands, diverse shrubland and forest.
15. All machinery brought in to carry out the soil disturbance shall be cleaned of any earth and plant material prior to access. In addition, cleaning should occur when moving machinery between lines close to areas of gorse and/or broom to lines which are currently clear of these weeds.
16. All disturbed ground shall have seed sown as soon as practical after the disturbance has occurred.
17. Weed control will be undertaken along disturbed areas to prevent weed establishment.
18. That all contractors and employees working on Ardross exercising this consent are informed of the conditions of this consent prior to any work commencing.

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