16 Activities affecting or disturbing soil

(1)

Except as provided in subsection (2), a lessee or licensee of pastoral land must not—

(a)

clear or fell any bush or scrub on the land:

(b)

crop, cultivate, drain, or plough any part of the land:

(c)

top-dress any part of the land:

(d)

sow any part of the land with seed:

(e)

plant any tree or trees on the land:

(f)

form any path, road, or track on the land:

(g)

undertake any other activity affecting, or involving or causing disturbance to, the soil.

(2)

A lessee or licensee of pastoral land may do any thing affecting, involving, or causing disturbance to, the soil if—

(a)

the Commissioner has first given the lessee or licensee written consent to the doing of it; and

(b)

it is done in accordance with every condition, direction, and restriction, subject to which the Commissioner gave the consent.

(3)

Except to the extent that it expresses a contrary intention,—

(a)

a consent under subsection (2) to drain any land includes a consent to undertake ongoing maintenance of any drainage works formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it:

(b)

a consent under subsection (2) to top-dress any land includes a consent to undertake an ongoing programme of top-dressing on the land or any part of it,—

(i)

in accordance with every condition, direction, and restriction subject to which the Commissioner gave it; and

(ii)

using the fertiliser or mixture of fertilisers consented to,—

to maintain the pasture created or enhanced by the top-dressing consented to:

(c)

a consent under subsection (2) to sow any land with seed includes a consent to undertake an ongoing programme of sowing on the land or any part of it,—

(i)

in accordance with every condition, direction, and restriction subject to which the Commissioner gave it; and

(ii)

using the species or mixture of species consented to,—

to maintain the pasture created or enhanced by the sowing consented to:

(d)

a consent under subsection (2) to form a road, path, or track on any land includes a consent to undertake ongoing maintenance of any road, path, or track formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it:

(e)

a consent under subsection (2) to do a thing not specified in paragraphs (a) to (f) of subsection (1) includes a consent to undertake ongoing maintenance of any thing constructed or formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it.

(4)

Unless the Commissioner determines otherwise, every consent under subsection (2) to crop, cultivate, or plough any land is deemed to be given subject to the condition that the lessee or licensee concerned must, on the termination of the lease or licence concerned, leave all land that has been cropped, cultivated, or ploughed, properly laid down in good permanent pasture to the Commissioner’s satisfaction.

(5)

For the purposes of subsection (1) (but not subsection (3)),—

(a)

every consent given under section 106 or section 108 of the Land Act 1948 has effect according to its tenor as if it were consent given under this section; and

(b)

in the case of a consent given under section 108 of the Land Act 1948, subsection (4) has effect accordingly.

(6)

Subsection (1) does not forbid or prevent the doing of any thing authorised—

(a)
(b)

under the Mining Act 1971.

(7)

Nothing in this section limits or affects the application or effect of section 100 of the Land Act 1948.

Compare: 1948 No 64 s 108