Discretionary pastoral activity decision - Clearing scrub and disturbing soil - A7764143

For this decision:

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

Clearing scrub and disturbing soil

10 years with maintenance rights

The Commissioner of Crown Lands is satisfied any effects on indigenous vegetation and habitat values, soil stability, water quality and landscape values are di minimus and the activity will not adversely affect inherent values on the Nell fan or the wider lease. He is also satisfied that the proposed activity will make the land easier to farm, in particular by reducing the risk and impact of washouts to the farm track and fenceline at the base of the Nell fan.

Consent is granted for the clearing of scrub and disturbance of soil, subject to the following conditions:

1. Soil disturbance and clearance of vegetation shall be for the purpose of forming or maintaining rainfall run-off diversion channels on the Nell fan within the areas indicated on the map attached to and forming part of this Notice of Decision.
2. New channels (Lines 2 and 5) shall be located in reasonable proximity and alignment to the positions shown on the map attached to and forming part of this Notice of Decision. Lines 2 and 5 shall be positioned to minimise the amount of indigenous vegetation cleared while still ensuring effective drainage.
3. The length of each diversion channel shall be no more than the relevant length set out below plus 10% of the specified length as contingency:
   • Line 1 – 400m
   • Line 2 – 160m
   • Line 3 – 200m
   • Line 4 – 180m
   • Line 5 – 330m.
4. The maximum width of each diversion channel shall be no more than the lesser of the width required to convey rainfall run-off effectively or 2.0m.
5. Any machinery brought on to the property to undertake the earthworks shall be cleaned prior to arriving on site and free from carrying any seeds or soil.
6. Any fuel or oil shall be stored in purposely designed containers which are located at least 50m from any waterway. There shall be no refuelling of machinery in or within 50m of any waterway.
7. All bare soil surfaces created by the activity are to be replanted with indigenous vegetation using species found on the Nell fan or re-seeded and top-dressed with a certified weed-free permanent pasture mix as soon as possible and no later than four (4) weeks after completion of the activity.
8. Damage to vegetation caused by moving machinery to the site of each diversion channel should be minimised by following existing tracks and avoiding disturbance of shrublands where vegetation is over 1.2m in height, where practicable.
9. All contractors and employees working under this consent are informed of the conditions of this consent prior to any work commencing.

Advice notes:

1. This notice of decision does not authorise activities on legal road, marginal strip, or other land that does not form part of the pastoral lease.
2. Permission for this activity may be required under other statutes including but not limited to the Resource Management Act 1991.
3. Chemical spraying of vegetation is not authorised in this notice of decision.

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