Devon Dairy fined for land conversion
A large Central Otago dairy farm operation with a track record for community involvement has been fined $42,000 after converting 12.2 hectares of indigenous vegetation into pasture for intensive dairy grazing.
Devon Dairy Farms, which operates a large farm with about 4000 dairy cows at Hawea Flat, was sentenced yesterday in the Environment Court at Invercargill after converting the vegetation, which included short tussock grassland and cushion field plants, into pasture.
Judge Brian Dwyer said the 12.2ha on the property was identified in 2015 as a potential ‘‘significant natural area’’ because it contained a number of indigenous plant species.
But between May 2015 and November 2016 the 12.2ha was converted by Devon Dairy Farms into pasture land, he said.
The clearance of the indigenous vegetation was contrary to provisions of the District Plan and no resource consent was obtained.
It was not possible to reinstate the land to its original condition. Its protection was a matter of importance and the offending was serious, the judge said.
‘‘The defendant was aware the land contained indigenous vegetation but was determined to use the land as a feed lot for 700 pregnant cows which could not be held elsewhere on the farm.’’
However, the judge said Devon Dairy Farms was a first-time offender and had a record of community involvement. This included providing public access via its property to the Clutha and Hawea rivers.
Also of ‘‘considerable significance’’ was that, following the offending, Devon Dairy Farms instructed an ecologist to identify mitigation measures it might undertake. The ecologist identified another 34ha on the farm that was a habitat for a range of indigenous plant species worthy of protection.
A director of Devon Dairy Farms subsequently entered into an agreement with the QEII Trust for the registration of a covenant over the land, achieving its protection in perpetuity, the judge said. The cost of doing this was about $80,000.
These actions constituted real remorse, the judge said.
Michael Walker, a lawyer for Devon Dairy Farms, said the company had previously been described by a Ministry for Primary Industries investigator as one of the best managed and structured farms he had seen.
In sentencing, Judge Dwyer fined Devon Dairy Farms $42,000. He also ordered the company to pay solicitor costs and to reimburse the Queenstown Lakes District Council more than $23,000 in investigation and related costs.
‘‘The defendant was aware the land contained indigenous vegetation but was determined to use the land as a feed lot for 700 pregnant cows.’’ Judge Brian Dwyer