Discretionary pastoral activity decision - Clearing scrub & forming a new track - A6144567

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 & forming a new track

10 years with maintenance rights

The Commissioner of Crown Lands has determined that the effects on inherent values can be minimised through appropriate track formation methods and good management practice, and that it will make it easier to use the land for farming purposes by allowing the lessee to restore access to this part of the lease. There will be conservation benefits through more effective weed and pest control.

Consent is granted to form a new track, subject to the following conditions:

1. A new track up to 5m in width may be formed within the area shown outlined in red on the plan and labelled “Option A”; OR a new track may be formed along the red and blue lines on the plans and labelled “Option B”.
2. Conditions applying specifically to Option B:
   • Track formation works are to be undertaken by a moderately sized digger that can be operated more precisely to minimise impacts on inherent values associated with the areas labelled “Mature Matagouri” and “Scarp” on Plan 1.
   • Maximum track width 3m.
   • Existing cuttings along the line are to be utilised.
   • No spill is to enter Kowai River.
   • Track formation between the two white arrows in the area labelled “Mature Matagouri” on Plan 1 is to follow the existing semi-formed track indicated by the red line. Disturbance and clearance of the matagouri in this area is to be kept to the absolute minimum with only individual shrubs removed where it is unavoidable.
   • There is to be no track formation along the blue line. Individual shrubs may be removed where necessary to clear a line.
   • Disturbance in the area labelled “Scarp” on Plan 1 is to be kept to the absolute minimum required to cut a track into the riverbed.
   • Re-vegetation of disturbed soil is to occur naturally.
   • No surface material is to be brought in for the track.
3. Any rocks or gravel used for Option A shall be from a source that is weed-free.
4. Tracks must be constructed and maintained to minimise erosion and be kept clear of debris that could impede drainage.
5. Tracks must be constructed and maintained in a way that prevents or minimises sediment reaching waterways. If necessary, drainage water should be directed onto a well vegetated area to filter any sediment before it reaches a waterway.
6. In the event of accidental discovery of any archaeological sites, work must stop, and the Accidental Discovery Protocol attached should be followed. New Zealand Historic Places Trust should be advised of the discovery.
7. Be aware that marginal strip & legal road may be present within the Operational Area. These are administered by other departments and agencies; therefore, those lands are excluded from this Notice of Decision.
8. Any contractor machinery and vehicles are to be cleaned of soil and plants prior to entry to the lease to minimise the possibility of weed infestation. Any fuel and oil storage facilities are to be sited to eliminate the possibility of a leak or spill into any waterways.
9. The lessee is responsible for ensuring any contractor operates under the conditions of this consent.

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