The recent conviction of a Murchison farmer and his associated business for illegally clearing almost 10 hectares of native bush has emphasised the need to check and understand the Tasman Resource Management Plan (District Plan) rules associated with an activity before undertaking work.
Sentencing in the Nelson District Court in July resulted in significant fines being imposed for charges related to the clearing of indigenous forest at two locations in Maruia Valley.
While deductions were applied for an early guilty plea and no previous record of non-compliance, a total fine of $98,000 was imposed.
The Judge said that the offending was a “serious failure” of the defendants to check the district plan provisions.
Whilst the message is clear from the court that it is incumbent on landowners to check the rules before embarking on vegetation clearance, Council recognises that making people aware of where to find the best information can reduce the likelihood of illegal activity taking place and the potential for prosecution.
Our advice is “always check the rules before you do the work”.
The TRMP rules around the removal of indigenous forest can be found here.
On one of the properties, approximately 4.39 hectares of indigenous forest was cleared between January and November 2020.
On the second property, approximately 5.36 hectares of indigenous forest was cleared from between 2 December 2013 and 21 March 2021 .
In both instances, when using the maximum rate of native forest clearance allowed by the ruleof forest allowed to be removed under the permitted activity rule inof the TRMP it would should have taken between 65 and 80 years to clear.
Under this permitted activity rule - outlined in section 17.6.5.3 of the TRMP - the area of indigenous forest that can be destroyed or removed is less than 0.2ha (2000 sqm) per site over a 3 year period.
In addition to the above rule there may be others to consider around land disturbance and significant natural areas which could be triggered.
Therefore, before doing any work on your farm or rural property, we recommend you assess your proposed activity against these rules to make sure you comply with our permitted activity status or whether you need to apply for Resource Consent.
If you have any doubts about whether your proposed work will need Resource Consent or not, or have any questions, please contact our Duty Planner via [email protected].
Our Tasman Rural Hub page is also a great resource for finding out the regulatory requirements for your activities.
Nearly half of our native plants and 82% of native birds are currently threatened or at risk of extinction. The removal of indigenous forest from both properties has had a significant adverse impact on the environment, resulting in the loss of valuable habitat for animals like kākā and South Island robin.
Exposing the edges of the remaining forest has increased the vulnerability of the forest to pest plants, browsing animals, and dryness. Many native plants thrive in humid forest conditions, and this clearance now allows wind to dry the forest from the inside out risking further degradation or total forest collapse.
We are all in this together so let’s get it right.