Discretionary pastoral activity decision - Forming tracks - A7470422

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.

Forming tracks

10 years with maintenance rights

The Commissioner of Crown Lands has determined that the benefits to farming from allowing the lessee to form tracks on Eweburn pastoral lease outweighs the desirability of protecting inherent values. The conditions requiring appropriate management will minimise the potential for adverse effects on inherent values.

Consent is granted for tracking, subject to the follow conditions:

For the Ewe Burn East Branch track only:

1. Consent is granted to upgrade the existing track shown dashed red and labelled “EBEB existing track”; OR form a new track and maintain part of the existing track shown as a red line and labelled “EBEB new track”, on the plan attached.  
2. Advice must be sought from an experienced earthworks contractor regarding which option will result in the safest track that is not vulnerable to erosion. The LINZ Customer Regulatory Specialist is to be advised which track is constructed.
3. New tracking across the old slip, or across the top of the old slip (labelled “Old slip” on the plan attached), is to be avoided unless the advice sought under condition (ii) above determines that it can be undertaken without de-stabilising the slip.
4. The area at the bottom of the Ewe Burn East Branch track shown labelled “Area A” on the plan attached is to be re-formed and culvert(s) installed as required, to prevent ponding occurring. Drainage water is to be directed onto a well vegetated level area where it will not directly enter any waterway or wetland.

For both the Ewe Burn East Branch track & the Airstrip track realignment:

5. Maximum track width 3 metres plus any spill and batters.
6. The Threatened and At Risk native broom species Carmichaelia nana, Carmichaelia vexillata, coral broom and desert broom are to be avoided if possible, during the construction and ongoing maintenance of the tracks.
7. Any track surface material brought onto the lease must be free of weed seeds.
8. Uphill batters are to be sloped off or struck back to minimise slumping and allow re-grassing.
9. Tracks are to be sloped at approximately 3-4cm per metre (2 degrees) in towards the bank and a water table constructed to provide free drainage of water via culverts or cut-offs.
10. Frequent culverts or cut-offs are to be constructed with adequate inlet/outlet protection to prevent erosion of water tables, fill batters and waterways.  Culverts are to extend beyond the base of the spill.
11. Generally, the maximum track grade should be 12 degrees.
12. Tracks must be maintained and kept clear of debris that could impede drainage. 
13. In the event of accidental discovery of any archaeological sites, work must stop. The lessee is to advise Heritage New Zealand of any discovery and seek their guidance on the accidental discovery protocol.
14. Any contractor machinery and vehicles are to be cleaned prior to entry to the property to minimise the possibility of weed infestation.
15. Soil disturbance for ongoing track maintenance is to be kept to a minimum and undertaken in a way that prevents sediment entering waterways. 
16. Disturbed soil is to be re-seeded as soon as possible after disturbance with an appropriate certified weed and impurities-free permanent pasture seed mix comprising clovers and cocksfoot.

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