Discretionary pastoral activity decision - Clearing scrub - A6149512

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.

Clearing scrub

15 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits to farming from making it easier to use the land concerned for farming purposes by granting consent to clear scrub under a longer-term strategic scrub management programme can be balanced with the desirability of protecting any inherent values.  Appropriate conditions imposed on the consent will help to mitigate the identified risks associated with the activity.  

Consent is granted subject to the following conditions:

1. Strategic scrub clearance by helicopter spraying is permitted for stock access purposes within the areas outlined in blue and labelled Area 1 and Area 2, subject to the following:
   1. Within Area 1, two corridors up to 15m wide may be sprayed to provide stock access to the woolshed yards.  If possible, spraying in a vertical line on the face is to be avoided to reduce the risk of erosion.  Spraying within 10m of the small water course within this area is to be avoided, with the exception of one crossing up to 15m wide if required.
   2. Within Area 2 one corridor up to 15m wide may be sprayed to improve stock access to the cattleyards.  Any Area 2 spraying must be set back a minimum of 20m from the adjacent water course.
   3. Scrub clearance in Areas 1 and 2 is subject to conditions (v), (vi) and (vii) below.
2. Scrub clearance by helicopter spraying, targeting matagouri shrublands, is permitted within the areas outlined in red on the plan attached, subject to the conditions below.
3. Within each separate area outlined in red, the Shenley Helicopter Scrub Spraying Template attached to this Notice of Decision is to be applied, incorporating the following general principles to establish the pattern of spraying:
   1. The following are not to be sprayed:
      1. The top 20m of the face.
      2. The bottom 20m along the toe of the face, adjacent to any waterway or gutter.
      3. Defined gutters and waterways that run down the face, with a 10m setback each side (total 20m). Refer to the example photos attached to the NOD for guidance.
      4. 20m between each spray line. 
      5. Wetlands and obvious rock outcrops, with a 10m setback.
      6. Any areas containing kowhai or broadleaf or beech trees, with a 10m setback.  Coprosma species should be avoided where possible.
   2. The following may be sprayed:
      1. Spray lines up to 20m wide across the face in a pattern resembling the template.  
      2. Along any ridge lines within the areas outlined in red, up to a maximum width of 10m.
      3. Up to 50% of the scrub present in any one area outlined in red may be sprayed.
4. Prior to application, the following is to be undertaken by the lessee or farm manager:
   1. Mark up a Spray Plan based on the Shenley Helicopter Scrub Spraying Template and the general principles in point (iii) above, identifying specific areas to be sprayed and not sprayed. 
   2. The attached aerial imagery plans 2-8 (or enlarged copies) are to be used for the Spray Plans; or shapefiles of the approved areas outlined in red and blue on the plans attached are available from LINZ on request if the lessee wishes to make their own aerial imagery plans of an equivalent or better size and definition. 
   3. Provide the Spray Plan and copies of the Shenley Helicopter Scrub Spraying Template and example photos to the pilot and accompany the pilot on an inspection flight to point out the pattern of spraying required.
5. Following spraying, the lessee or Farm Manager is to note on the Spray Plan the date of spray application and type and rate/ha of chemical used, and within 30 days forward a copy to LINZ along with actual GPS application plans, as per point (x) below.
6. Helicopter operators must be experienced in, and equipped for, precision agricultural chemical application. 
7. Spraying is to be undertaken in conditions that maximise the success of spray placement.
8. Scrub-specific herbicides targeting matagouri are to be applied, with an appropriate additive that will improve the accuracy of spray application.
9. A maximum total of 70ha may be sprayed in any one year.
10. Spray Plans and actual GPS application plans are to be forwarded to the relevant LINZ pastoral manager within 30 days of any scrub clearance being undertaken.  These plans will form the basis for LINZ to periodically inspect any spraying undertaken and ascertain from the resulting dead scrub whether or not the pattern achieved generally resembles the Shenley Helicopter Scrub Spraying Template, and the principles and conditions above.
11. The Commissioner retains the right to review this consent three yearly and may terminate the consent if the spraying patterns observed in each area do not generally resemble the Shenley Helicopter Scrub Spraying Template and follow the principles and conditions set out above.  It is acknowledged that each area is different, and the spray pattern will accordingly vary.  
12. Consent can be revoked at any time at the discretion of the Commissioner of Crown Lands should the conditions of the consent not be complied with.

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