Discretionary pastoral activity decision - Burning - A7528740

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.
   

Burning

15 years

For the part of the consent that was granted 

The Commissioner of Crown Lands has determined managed vegetation burning over an extended timeframe will make it easier to use the land for pastoral purposes by enabling lost grazing to be re-gained and opening up stock and management access. It will reduce the risk of wildfire impacting Naseby Forest and Village and enable ongoing wilding conifer control in an area where there is a substantial seed source. Uncontrolled wilding conifers can impact inherent values through shading and water uptake and exponentially increase these risks across a wider area. The conditions requiring appropriate management will reduce the potential for adverse effects on inherent values.

For the part of the consent that was declined 

The Commissioner of Crown Lands has determined that these areas contain inherent values associated with wetlands, waterways, riparian vegetation and tussock grassland that are desirable to protect from burning or have a risk of erosion or potential impacts on the habitat of threatened fish in the wider catchment.

Consent is granted to burn vegetation as shown outlined in red and blue on the plan attached, subject to the conditions below: 

1. Matagouri scrub sprayed for the purposes of managing excessive vegetation is not to be burnt. 
2. The areas outlined in blue comprising Simons Block, Merchants Block and most of Races Block are to be managed together under a separate burn programme, to reduce potential impacts on the Nationally Endangered Central Otago Roundhead galaxias habitat in the wider catchment. Separately approved fence line benching will enable the subdivision of these three blocks into six sub-blocks, of which one sub block may be burnt every second year over a minimum of 11 years in a sequence that separates adjacent blocks as follows (and as labelled on the plans): 
   Year 1 – Races West 
   Year 3 – Merchants South 
   Year 5 – Simons North 
   Year 7 – Races East 
   Year 9 – Simons South 
   Year 11 – Merchants North
3. The fence line benching for each sub-block must be undertaken prior to burning the respective sub-block, to provide a firebreak.
4. Burning in the area outlined in red and labelled “Butchers Block” is limited to up to 75% of the area. 
5. Burning in the area outlined in red and labelled “Top Newmans West” is limited to up to 75% of the area. Separately approved scrub clearance by mulching in Top Newmans West is to be undertaken to form a firebreak prior to burning.
6. In the area outlined in red and labelled “McKnights” on the plans, in places where the Ewe Burn West Branch abuts the red line, burning is to be set back a minimum of 20m from the vegetated terrace edge of the river. Burning is also to be set back a minimum of 10m from two wetland areas and a scrubby scarp, shown outlined in yellow and declined for burning. 
7. Burning riparian shrublands adjacent to wetlands, waterways, rocky outcrops, dry knobs, and erosion-prone areas is to be avoided where possible. 
8. To reduce the risk of fire escape, where applicable, separately approved maintenance of existing firebreaks and formation of new firebreaks must be undertaken prior to burning. 
9. Burning vegetation may only be undertaken in August and September when ground conditions are cold and damp and it is possible to achieve a “cold burn” that retains some vegetation cover. If these conditions extend into October, the Lessee may undertake cold burning with the written approval of Toitū Te Whenua (LINZ). 
10. The Lessee is to develop and maintain a Burn Management Plan with the Forest Manager of Naseby Forest, Fire and Emergency New Zealand (FENZ), the Local Rural Fire Authority, and any other party involved with the burning. The Burn Management Plan is to set out the procedure for safe burning including a requirement for firefighting back-up which is to include a helicopter with a monsoon bucket on standby during all burning operations. The Lessee is responsible for overseeing the burn operation and monitoring until fully extinguished.
11. The Lessee must hold all other necessary burning permits or consents and meet any conditions imposed by FENZ, local Rural Fire Authority and/or those required under other enactments. Burning in areas which could pose a threat to Naseby Forest and Naseby Village may only be undertaken with the approval and support of the Forest Manager of Naseby Forest. Any other necessary burning permits or consents are to be obtained e.g. Central Otago District Council, Otago Regional Council, Department of Conservation. 
12. LINZ, local Department of Conservation office, and any landowner within 1km of an area which is planned to be burned shall be informed at least 48 hours prior to the burn taking place.
13. Burning is to be carried out by experienced operators in weather conditions that minimise the risk of fire escape and use methods that maximise the accuracy of the burn, for example controlled back burning, patch burning, or using a helicopter to set and control burns. 
14. Fire retardants may only be used in an emergency and not as a tool to manage the burn.
15. Fire suppressant must not be applied within an area of wetland area or to immediately adjacent to a waterway; furthermore, it must be applied in a manner which ensures the suppressant does not run into these areas. 
16. Any chemical used to control a fire must be mixed in a controlled setting where there is no possibility of run off into any waterway. 
17. Following burning, the areas are to be oversown and top-dressed as soon as possible (according to the conditions of any OSTD consent) and spelled for a minimum of 12 months with the exception of a light graze no sooner than 6 months after burning. 
18. LINZ shall be notified within 24 hours of completion of the burning. This notification from the Lessee should confirm that all conditions have been complied with, and/or advise of any incidents or issues that may have occurred during the work. Any fire that burns outside the area for which consent has been granted, for whatever reason, is to be reported to the Commissioner of Crown Lands within 14 days of the burn occurring, supplying full details of the circumstances. 
19. LINZ will undertake regular monitoring of the burning programme for compliance with the conditions above. A record of burning undertaken, preferably with photos, must be maintained by the Lessee and provided to LINZ on request.
20. Following any burning, the Lessee shall ensure that all exotic weeds within the burn area are controlled before they have set seed. Furthermore, the Lessee shall ensure that an ongoing, annual programme of weed control is carried out to ensure that exotic woody weeds do not spread through these blocks. 
21. That all staff and/or contractors employed to undertake burning activity on Eweburn pastoral lease are aware of the approved areas for burning and the conditions imposed on the consent.

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

Consent is declined to burn vegetation within the areas shown outlined in yellow on the plan attached.