Discretionary pastoral activity decision - Disturbing soil - A6847843

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.

Disturbing soil

For the part of the consent that was granted

The information provided by the lessee and the advice from the DGC delegate have been considered.  The Commissioner of Crown Lands has determined that making it easier to use the land concerned for farming purposes can be balanced with the desirability of protecting any inherent values.  Appropriate conditions imposed on the consent and declining in part a higher risk activity will help to mitigate the identified risks.  A 15 year term for the consent will enable the activity to be undertaken over time which will also help to mitigate impacts on inherent values.

For the part of the consent that was declined

The majority of the fence line is requested to go on a proposed new track.  Most of the proposed new track has been declined because there are alternative routes available up onto Rollesby Range, the cuttings would impact the landscape values of the Rollesby Range, and the area has been identified as a Site of Natural Significance with indigenous vegetation including several threatened plant species and the nationally protected Spear Grass Hutton’s Weevil that could be impacted.  The Commissioner of Crown Lands has determined that constructing the fence on the line of the requested track would result in the creation of a smaller block of about 50-60ha on the mid-upper range, with a risk of intensifying grazing of the indigenous vegetation within the block. On balance, it is considered that protecting the identified inherent values outweighs the benefits to farming, and it appeared that the location of the fence line requested was being determined by the best route for the track, rather than what might be the best line for a subdivision fence in this type of location. 

Consent is granted in part for soil disturbance, subject to the following conditions:

New Fence Lines

1. Consent is granted to disturb soil and clear any associated scrub for new fence lines up to a maximum width of 2.5m plus any batters and spillover, along the yellow crossed lines shown on the attached plans.
2. Within Willow Tree Block (shown outlined in dashed white on the plans), soil disturbance and any associated scrub clearance may be undertaken for up to three new fence lines running up to the area labelled “Sheepyards” on the plans.  Soil disturbance for these new fence lines is not permitted through the shrublands in the area outlined in red and labelled “Shrublands”.
3. Soil disturbance is to be set back a minimum of 5m from the southern boundary of the areas labelled “Wetland”.
4. The laneway fencing arrangement in the area labelled “Wetland Stream” should make best endeavours to encourage mobs of stock to use a culverted crossing and stay out of the stream.
5. Soil disturbance through the seep labelled “Seep” on the plans is to be kept to a minimum.
6. Soil disturbance for new fence lines is to be kept to a light skim wherever possible.
7. Rock outcrops, unstable and erosion-prone areas are to be avoided.
8. No additional material should be deposited into waterways other than rocks.
9. Any stream works should be carried out in a way that protects fish passage and be undertaken when the waterway is at low or preferably no flow.  Stream crossings by vehicles and machinery during fence line construction are to be kept to a minimum.
10. Uphill batters are to be sloped off or struck back to minimise slumping and allow vegetation to re-establish.  In areas where the dominant vegetation cover is exotic pasture species, certified weed-free pasture seed is to be broadcast to hasten re-vegetation.  Adjacent to waterways, in rocky areas, and in areas where the dominant vegetation cover is native species, re-vegetation should be allowed to occur naturally.
11. Cut-offs are to be constructed if necessary to minimise erosion from run-off, to provide drainage of water to a place where sediment can settle out before reaching any waterway.
12. Floodgates are to be constructed and maintained in a way that avoids stream blockages.
13. Any contractor machinery and vehicles are to be cleaned prior to entry to the property 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.
14. The lessee is responsible for ensuring any contractor operates under the conditions of this consent. 

Sheepyards

15. Consent is granted to disturb soil and clear any associated scrub for the purposes of constructing sheepyards within the area outlined in light blue and labelled “Sheepyards” on the plans.

Power Generation Infrastructure

16. Consent is granted to disturb soil and clear any associated scrub within the area outlined in light blue and labelled “Power Site”, for the purposes of installing minor power generation infrastructure to convey a cable or pipeline from Avalanche Stream up to the woolshed area.
17. Soil disturbance is to be kept to the absolute minimum and must not result in sediment entering Avalanche Stream.

Stock Water Pipelines & Water Troughs

18. Consent is granted to disturb soil and clear any associated scrub for the purposes of mole ploughing stock water pipelines along the dark blue lines on the plans and levelling up to 10 water trough sites of up to 9m² per site.
19. Troughs are to be located in drier areas away from waterways, wetlands and surface water flow paths.
20. Any material put around troughs should be free of weed seed, particularly broom, gorse, lupin and false tamarisk.
21. Existing tracks are to be utilised for pipelines where practical.
22. Pipelines are to avoid wetlands, and re-vegetation of disturbed soil in uncultivated areas is to occur naturally.
23. No additional material should be deposited into waterways other than rocks, and any stream works should be carried out in a way that protects fish passage.