Easement decision for Balmoral Tekapo - Establish and operate a solar array for the generation and distribution of electricity - A5558709

For this decision summary:

• LINZ received the application before 17 November 2022
• the decision was made under the Land Act 1948 as if the Crown Pastoral Land Reform Act 2022 amendments to the Land Act 1948 had not been enacted.

Establish and operate a solar array for the generation and distribution of electricity

In perpetuity

The Commissioner of Crown Lands has determined that it would be appropriate to grant an easement in gross to establish and operate a solar array for the generation and distribution of electricity. 

The solar array is within a modified and developed part of the pastoral lease where wetland values will be fenced off and 
protected.

Ongoing monitoring of the effects of solar array panel shading on fescue tussock grassland species will be undertaken by an  ecologist and the information provided to LINZ.

Conditions 4-12 noted in this decision summary will assist in avoiding, mitigating or lessening the effects to the inherent values identified the Commissioner seeks to protect.

The additional income stream from the easement will assist with ongoing wilding tree and rabbit control within the easement area and other areas of the lease.

Consent is granted for an easement, subject to the following conditions:

1. The easement to be granted in perpetuity.
2. The activities permitted by the easement are in accordance with the plans attached.
3. The payment of consideration to the Crown annually, reviewable every five years, or if the easement is transferred, as determined by a register valuer.
4. The two wetlands and a minimum 20 m margin being excluded from development (refer to Plan 2 shown in orange hatch shading).
5. Follow the proposed layout as depicted in Plan 2 keeping rows of panels spaced at 10.6 m centres minimum.
6. Sheep grazing to continue throughout the solar array development area to reduce exotic grasses.
7. Control of any wilding conifers in the solar array development area.
8. That any machinery used to undertake works within the easement area is free of pest weeds and any disturbed soil is reinstated and rehabilitated progressively post construction in a timely manner to avoid any potential soil erosion or views of bare soil.
9. Where possible, existing shelter belt trees are to be retained at all times (aside from access crossing points) and existing gaps re-planted with like species as soon as practical. If the trees are destroyed by an unforeseen natural weather or fire event, they are to be replanted as soon as possible to ensure the solar array remains screened. The prior approval from the Commissioner of Crown Lands must be sought for any proposed shelter belt removal and or replanting.
10. An annual programme of vegetation monitoring by the grantee is to be undertaken by a suitably qualified ecologist with a focus on threatened plant species to understand the effects of introducing shade to fescue tussock land and provide this information to LINZ.
11. Limit disposition of spoil on adjacent areas during construction. 
12. The solar array infrastructure proposed for painting, including gates and fences shall be painted in non‐reflective, natural colour schemes including browns, greens and greys that will blend with the surrounding landscape.
13. That any proposed invertebrate survey and ecological monitoring and enhancement plan is formalised and the information is provided to LINZ.

Easements granted by the Commissioner of Crown Lands also incorporate (with minor variations) the terms set out in
Appendix G of the Standard for purchase, alienation, and administration of Crown land - LINZS45002.

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