Discretionary pastoral activity decision - Forming tracks - A6635852

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.

Forming tracks

10 years with maintenance rights

For the part of the consent that was granted

The Commissioner of Crown Lands considers that there are significant farming benefits to the proposed soil disturbance for housing. The proposed tracks will provide safe and efficient vehicle access to the properties. This will be necessary to help facilitate the construction, as well as for ongoing access for everyday use. It is considered that conditions will allow all adverse effects on inherent values, if present, to be avoided, remedied or mitigated. 

For the part of the consent that was declined

The Commissioner’s delegate has determined there are inherent values that will be adversely affected by forming a track and that the benefit to farming from the proposed track does not outweigh the negative impacts on the identified inherent values including invertebrate habitat, wetlands, seepages and landscape values.

Consent is granted for forming tracks subject to the following conditions:

1. The tracking will only occur at the areas as indicated on Map 1. 
2. The route is chosen so that the track and any spoil avoid groups of indigenous shrubs or shrubland that support desert broom. 
3. Track alignment should consider the existing landform. The track should be sited and contracted to cause minimal disturbance to the landscape, and the natural contour and vegetation cover should be used to conceal it from obvious viewing points, if possible. 
4. The upgraded tracks shall be approximately 4 metres wide.
5. A proper water table should be constructed along all side-cut portions of the track. The water table must be capable of carrying the sub-surface drainage as well as runoff during storms, without adversely affecting the track. 
6. The water table must be adequately served by culverts and cut-offs to remove runoff and sub-surface drainage water. 
7. Soil disturbance and vegetation clearance is kept to the minimum required to meet the Lessee objectives when constructing the track and that appropriate machinery is employed to achieve this. 
8. All machinery intended to be used to construct the track is cleaned of plant material and soil prior to entering Lorne Peak Station to avoid weed contamination. In addition, any gravel brought in for the tracking is sourced from a site that is free of weeds, in particular gorse and broom. 
9. Any cuts and fill be battered to ensure stability and shaped, so they blend into the surroundings and are suitable for re-vegetation.
10. In the event of accidental discovery of any archaeological sites, work must stop, and the accidental discovery protocol should be followed. 
11. All contractors and employees of Lorne Peak Station are informed of the conditions of this consent prior to the tracking works starting. 

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

Consent is declined for forming a track within the areas shown in red on Map 2.