Discretionary pastoral activity decision - Disturb soil & clear scrub - A7075949

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.

Disturb soil & clear scrub

5 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits to farming from the soil disturbance and indigenous vegetation clearance to construct the fence are significant. The fencing will allow the lessee and the Regional Council to construct wallaby exclusion fencing as it relates to the Tipu Mātoro National Wallaby Eradication Programme. The exclusion fence will assist in the goal to eradicate wallabies outside the Canterbury containment area and reduce numbers within it.

To grant consent, subject to the following conditions:

1. That soil disturbance and indigenous vegetation clearance is limited to the Operational Area within Sawdon pastoral lease as described and depicted on the map attached to this Notice of Decision.
2. Soil disturbance and clearance of indigenous vegetation is kept to the minimum width necessary for the effective construction of the fence, with every attempt to ensure that disturbance is no greater than 1.5m through “Wetland B” (Area B / Map 2) and no greater than 2m for the rest of the fence.
3. Ground preparation adjacent to the fence-line (e.g. removal of stones) should be undertaken by hand or by careful use of a machine-mounted blade or bucket. Otherwise, disturbance of vegetation or soil adjacent to the fence-line by grading should be avoided.
4. Use of machinery away from existing vehicle tracks should be restricted to light wheeled vehicles; heavy or tracked vehicles should be confined to existing vehicle tracks.
5. Use of any vehicles away from existing tracks should be minimised.
6. All vehicles and equipment should be clean and clear of any weed seeds prior to entering the site.
7. Storage of fencing materials should preferably be at disturbed sites (such as roads) and otherwise be at sites where notable plant species are absent.
8. Any spill is to be positioned in a way that prevents sediment reaching waterways, seeps and wetlands where possible.
9. All disturbed ground along the fence-line should be inspected six-monthly for a period of five years following completion of the fence, to identify new plant pest infestations. All new plant pest infestations should be controlled. Clearing may be carried out by mechanical mulcher, or handheld tools including chainsaw and/or scrub bar.
10. Be aware that marginal strip and legal road may be present within the Operational Area. These are administered by the Department of Conservation and the Local Authority, respectively, and those lands are excluded from this Notice of Decision.
11. That all contractors and employees working on Sawdon pastoral lease under this CCL consent are informed of the conditions of this consent prior to the clearing works starting.
12. Maintenance of the fence as agreed between Environment Canterbury and the Sawdon leaseholder, as detailed in “Sawdon_ECan Agreement re Wallaby fence”, will rest with the current Sawdon leaseholder, and any future transferees, for such a time that the fence becomes obsolete or redundant.
13. To the extent that this consent remains in effect at the time, it may be a condition of any consent under section 89 Land Act 1948 to transfer or sublease that any transferor or sublessee shall be bound by and comply with this consent in all respects. 

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