Discretionary pastoral activity decision - Soil disturbance for new fencing - A6593080

For this decision summary: 

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

Soil disturbance for new fencing

5 years with maintenance rights

The Commissioner of Crown Lands has determined that granting consent to disturb soil to form the fencelines as requested will make it easier to use the land for farming purposes, and that any adverse effects on inherent values can be minimised through compliance with the conditions specified.

Consent is granted to disturb soil to form fencelines subject to the following conditions: 

1. Areas of exposed soil shall be sown with grass as soon as possible. 
2. All machinery used in construction is to be thoroughly cleaned and free of weed seeds. 
3. All contractors and employees of Rees Valley Pastoral Lease are informed of the conditions of this consent prior to the soil disturbance works starting. 
4. South Island long tailed bats: If any indigenous or exotic vegetation must be removed, the Bat Roost Protocols must be followed to minimise risk of injuring or killing bats. 
5. Indigenous vegetation: Disturbance to indigenous vegetation should be avoided where possible. Minimal scrub clearance of native vegetation, e.g., Matagouri, Manuka or Kanuka is permitted by handheld tools only. Handheld tools may include scrub bar and/or chainsaw. Note this is to facilitate the fence line only. 
6. Lizard habitat: 
   1. Rocky outcrops and rock stacks should not be removed or disturbed as they may provide habitat and refuge for indigenous lizard species. These areas should be avoided to minimise disturbance.
   2. If any indigenous lizard (skink or gecko) is injured or killed during this work, then work should stop, and the Department of Conservation office should be notified. 
7. Heritage: LINZ has been made aware through a recent survey that archaeological values are within the immediate area of Oxburn Creek – please refer to map ‘Archaeological Site E40/60’ below. In the event of any accidental discovery of any archaeological sites (for example mining tailings), work must stop and the accidental discovery protocol (https://www.qldc.govt.nz/media/vphlgiai/6d-rcem-guidelines-app-c-arch-protocol.pdf) must immediately advise New Zealand Historic Places Trust of the discovery. It is highly recommended that an independent archaeological consultant should be contacted for the proposed fencing at Oxburn Creek. 
8. Freshwater: 
   1. Best practice sediment controls should be followed, including control of point source discharges during rainfall events suspended dust particles during extensive dry periods. 
   2. Spawning periods for kōaro (sea run and landlocked) should be avoided as indicated by the Fish Spawning Indicator. 
9. Rees Dart Track: Prior to installing the new fence at the Arthurs Creek site, it is recommended to arrange with Department of Conservation staff to walk the proposed fence line to mitigate any potential impacts on the Rees Dart Track. Any amendments to the prescribed fence line in the image below, must be notified to LINZ for pre-approval prior to works being undertaken. 

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