Discretionary pastoral activity decision - Burning - A6873995

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.

Burning

10 years

For the part of the consent that was granted

The Commissioner of Crown Lands has determined that there are benefits to farming from allowing the lessee to burn strategically sprayed fertiliser-induced scrub to maintain grazing areas, enable stock access around blocks, keep mustering routes open, reduce vegetation in wool, reduce habitat for pigs and other pests, and provide easier farm management access including for weed and pest control work.  Being able to carry out this activity will therefore make it easier to use the land concerned for farming purposes, and the conditions recommended will promote good management practice and mitigate effects on inherent values. There are conservation benefits from improved weed and pest control, and this is also a requirement of the lease agreement.

For the part of the consent that was declined

The Commissioner of Crown Lands has determined that these areas contain inherent values related to indigenous vegetation and rock outcrops that are desirable to protect and that would be adversely affected by granting consent to burn vegetation.

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

1. Burning vegetation may not be undertaken within the areas outlined in pink on the attached plans, which comprise rock outcrops or indigenous vegetation.
2. Burning is not permitted within 10m of adjacent indigenous forest and shrublands, and all care must be taken to ensure that no fire escapes into these areas. For example, methods such as back-burning and patch burning in suitable conditions may be required.
3. Burning is not permitted within 20m of wetlands and waterways.
4. FENZ should be consulted about the burn for advice and guidance on any other necessary burning permits or consents and the lessee must meet any conditions imposed (eg Fire & Emergency NZ / Local Rural Fire Authority, Marlborough District Council).
5. A Burn Management Plan is to be agreed with any parties involved in the burn.  The lessee is responsible for overseeing the burn operation and monitoring until fully extinguished.
6. Burning is to be carried out in weather conditions that minimise the risk of fire escape.
7. Burning is to be carried out when soil conditions are cold and damp to minimise the risk of long-term soil damage.
8. Any aerial burn setting is to be undertaken by experienced operators skilled in precision burning.
9. The burn areas are to be oversown and topdressed as soon as possible following the burn and spelled from grazing to ensure rapid re-vegetation.
10. All burned areas are to be spelled from grazing for at least 3 months following the burn. This will require the entire block where burning has occurred to be spelled from grazing during this time, unless stock can be effectively excluded from the burned area through temporary fencing. Should cattle be run in the burn areas, a spell period of 6 months is required post burn.
11. No area approved for burning in this consent shall be burned more than once during the term of the consent.
12. Any other landowner within 1km of any area planned to be burned shall be notified of the burn at least 24 hours prior to the burn taking place.
13. The LINZ portfolio manager for The Jordan shall be advised, at least 48 hours prior to any burning occurring.
14. Only seed certified as being free of weed seeds and impurities is to be sown.
15. LINZ shall be notified within 12 hours of completion of the burning.  This notification from the lessee should confirm that all conditions have been complied with, and/or advise of any incidents or issues that may have occurred during the work. Any fire that burns outside the area for which consent has been granted, for whatever reason, is to be reported to the Commissioner of Crown Lands supplying full details of the circumstances.
16. Fire retardants may only be used in an emergency and not as a tool to manage the burn.
17. Fire suppressant must not be applied within an area of wetland area or to immediately adjacent to a waterway; furthermore, it must be applied in a manner which ensures the suppressant does not run into these areas.
18. Any chemical used to control a fire must be mixed in a controlled setting where there is no possibility of run off into any waterway.
19. That all staff and/or contractors employed by Matangi Limited are aware of the approved areas for burning and the conditions imposed on the consent.

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