Discretionary pastoral activity decision - Clearing scrub (exotic pest plants) - A7012240

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 (exotic pest plants)

Ongoing

The Commissioner of Crown Lands has determined that the benefits to farming and conservation from allowing the lessee to clear exotic woody/herb weed and tree control on Eweburn pastoral lease outweighs the desirability of protecting inherent values. The clearing activity will improve access for livestock on the pastoral lease, providing additional grazing. The clearing activity will also enable the lessee to meet good husbandry requirements of the lease, assisting with access for ongoing wilding conifer control in an area which is a substantial seed source. Uncontrolled wilding conifers can impact inherent values through shading and water uptake, increasing these risks across a wider area. The consent conditions will reduce the potential for adverse effects on inherent values. The conditions requiring appropriate management and setting limits to indigenous vegetation by-kill will minimise the potential for any adverse effects on inherent values.

Consent is granted, for the clearing of scrub as shown by the black outlined area on the attached plan, subject to the following conditions:

1. For the purposes of this consent, the exotic scrub species targeted for clearance are gorse, broom, briar, horehound, hawthorn, rowan, elderberry, wilding conifers and other exotic pest trees. These are collectively described as “exotic woody/herb weeds, and trees”. 
2. The native broom species dwarf broom (Carmichaelia nana & Carmichaelia vexillata), coral broom (Carmichaelia crassicaulis) and desert broom (Carmichaelia petriei) are to be avoided, unless a chemical can be used that has been proven to not kill these species. Photographs are attached for identification purposes. 
3. Indigenous vegetation by-kill from exotic woody/herb weed and tree clearance is permitted in the following circumstances: 
   1. If the indigenous vegetation by-kill is no more than the occasional individual plant and is unavoidable.
   2. If the indigenous vegetation by-kill is young matagouri less than 1.5 metres high intermingled with exotic woody/herb weeds and trees, it may be patch sprayed. Patch-spraying is defined as targeting specific smaller areas where exotic woody/herb weeds and trees are located. 
   3. Within indigenous shrublands up to 2.5 metres high, individual exotic woody/herb weed and tree plants may be spot-sprayed only to keep indigenous by-kill to the absolute minimum. Spot-spraying is defined as targeting individual exotic woody/herb weed and tree plants, with a maximum spot-spray application area of 4 square metres (2m x 2m).
4. No by-kill of indigenous shrublands 2.5 metres high or more is permitted, with the exception of controlling wilding conifer individuals. These may be controlled individually by targeted ground methods including cutting by saw, stump painting, drilling and filling, and basal bark spraying; and by targeted aerial spraying with a hand-wand or equivalent. Any by-kill of indigenous shrublands 2.5 metres high, or more is to be kept to the absolute minimum. 
5. The lessee is to assess each area proposed for exotic woody/herb weed, and tree control, to determine which of the circumstances in conditions (3) and (4) apply and ensure that the control work is undertaken accordingly. A copy of the consent is to be provided to any applicator or contractor. If the indigenous vegetation by-kill would exceed the circumstances set out in point (3) and (4), then a separate consent to clear indigenous vegetation must be requested from the Commissioner of Crown Lands. 
6. The lessee is to keep a record of any aerial spraying undertaken, including the location, chemical type and application rate, preferably with GPS mapping, and make it available to LINZ on request. 
7. Scrub clearance methods are to be used that ensure any necessary indigenous vegetation by-kill is in accordance with the conditions of this consent.
8. Spray applicators should be experienced in precision agricultural chemical application and equipment should be regularly calibrated. 
9. Herbicides specific to the exotic woody/herb weed, and tree species targeted are to be used wherever possible to reduce indigenous vegetation by-kill. 
10. Spraying water surfaces of waterways and wetlands is to be avoided. 
11. Where required, spraying is to be followed up with regular over sowing and top dressing to maintain good vegetation cover. This may only be undertaken in areas where over sowing and top-dressing maintenance is formally consented. 
12. Any equipment or machinery sourced offsite to be used for clearing shall be cleaned of any soil or plant material at a location off the Eweburn Pastoral Lease prior to carrying out the clearing. 
13. That all contractors and employees of Eweburn Pastoral Lease are informed of the conditions of this consent prior to any clearing works starting. 
14. This consent may be rescinded or varied by the Commissioner of Crown Lands if the conditions are not generally adhered to.

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