Discretionary pastoral activity decision - Soil disturbance - A6274475

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.

Soil disturbance

10 years with maintenance rights

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that the benefits from being able to form and maintain airstrips and stock watering ponds, from forming water storage dams, and for a water race are significant and will be of benefit to the farming operation. The direct benefits include improving the efficiency of irrigation, drought proofing the property, supplying adequate stock water, and allow fertiliser and seed to be applied efficiently. Appropriate conditions have been imposed that will assist in mitigating potential adverse effects. 

For the part of the consent that was declined

It is considered that for the areas recommended for decline, which include Bottom Knobbies Dam 4 and the part of the water race that would have serviced this dam, the adverse effects on the inherent values are significant and that any conditions will not adequately avoid, remedy or mitigate these adverse effects. These inherent values include wetland vegetation that includes At Risk plant species and patches of diverse, grey shrubland that also include At Risk plant species. Potential adverse effects include the potential loss of ecosystem function, increased sedimentation of waterways and wetlands, the permanent loss of indigenous vegetation, and the localised disturbance and destruction of natural ecosystems that provide habitat for native fauna.

Consent is granted in part for Soil Disturbance, subject to the following conditions:

General soil disturbance conditions 

1. That all soil disturbance is limited to the areas as indicated on the map attached to the Notice of Decision.
2. That soil disturbance is limited to the minimum required to carry out the proposed works.
3. Any disturbed ground will be seeded as soon as practical following the completion of works.
4. All machinery and construction materials brought to the site to carry out the soil disturbance shall be cleaned to remove any possible weed contamination prior to carrying out the work.
5. All reasonable precautions to minimise the potential for leakage or spillage of fuels and/or lubricants or any other contaminant that could be spilled.
6. If any historic sites are uncovered as a result of the activity then the work should stop and the appropriate authorities be notified.
7. Prior to work commencing the Lessee shall check with the Central Otago District Council whether a resource consent is required of any of the soil disturbance.
8. That all contractors and employees carrying out this work on Matangi Station are informed of the conditions of this consent prior to the soil disturbance commencing.

Additional conditions for specific activities:

For the stock water ponds (new and maintenance of existing ponds)

9. That no more than three (3) new stock watering ponds are formed in each of the following blocks: 3 Kings, Carters, Manorburn, Top, Middle and Bottom Knobbies, Forestry, Dead Horse and Laneway to Funnel blocks.
10. That no new stock watering holes shall have an area greater than 100m2.
11. That the lessee provides a map to LINZ, upon request, identifying the location of all new stock watering ponds formed pursuant to this Notice of Decision.
12. That any new stock watering ponds shall only be formed in an area where the current vegetation cover is dominated by exotic grasses. Individual matagouri bushes no higher than 1.5m may be removed, along with any exotic woody weeds, but the current vegetation over the site in general must be dominated by exotic grasses.
13. Any earthworks/soil disturbance shall only occur when there is no flowing water through the gully where the pond is being formed.
14. Any extracted soil/rock shall be placed in an area where it will not enter any waterways during natural or high flows, and not placed over any rocky outcrops or indigenous vegetation.
15. Any disturbed ground or extracted soil outside of where water will naturally flow following rain or snow melt shall be seeded and fertilised within 4 weeks of the soil disturbance occurring.
16. That any maintenance of existing stock water ponds will not result in the pond being increased in size.

For the dams

17. Any earthworks/soil disturbance for the dam construction shall only occur when there is no flowing water through the gully.
18. Any extracted soil/rock shall be placed in an area where it will not enter any waterways during natural or high flows, and not placed over any rocky outcrops or indigenous vegetation.
19. The reservoir size formed by the dam shall be limited to an area of not more than 5ha. The height of the dam will be restricted so that this reservoir size limit is not breached.

For the water race

20. The water race route shall try to avoid indigenous shrubs, apart from matagouri less than 1.5m high.

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

Consent is declined to disturb the soil in the areas identified in red on the attached map.