Dairy farmer appeals ECan's restrictions

A Mackenzie Basin dairy-farm developer has appealed against "unreasonable" restrictions imposed by Environment Canterbury (ECan).

Last year, three ECan councillors granted consents to Little Ben Ltd for a dairy farm six kilometres from Lake Benmore, just north of Omarama.

Mervyn McCabe and Richard Gloag are the directors of Little Ben.

The effluent-discharge and land-use consents were granted days before controversial factory dairy-farm plans for the Mackenzie Country hit the headlines in December.

Little Ben had wanted a 1400-cow operation.

However, councillors Angus McKay, David Sutherland and Eugenie Sage limited the farm to 750 cows and restricted effluent discharge.

The company's appeal, filed with the Environment Court in January, said certain conditions were "unreasonable". It described the 10-year consent as "inappropriate".

Little Ben had sought a 35-year consent.

"The duration and conditions are generally not in accordance with the requirements of the sustainable management of natural and physical resources," the appeal notice said.

The Department of Conservation confirmed it had joined the appeal. It had been concerned about the nearby Ben Omar swamp, part of which was on conservation land.

Up to 7560 litres of raw effluent a day would be produced by the proposed farm. It would be stored in two ponds and spread over 120 hectares on the farm.

The proposed discharge area is near Ben Omar swamp.

ECan consent conditions required that the discharge area be 165 metres from the swamp.

In a report for ECan, consultant ecologist Mark Davis described the swamp as "one of the most important remaining wetlands in the Waitaki and Mackenzie basins".

In 2008, ECan prosecuted McCabe for illegally building a drain on the Gloag-owned Buscot Station, which lowered the swamp's water level.

McCabe, as director of North Otago Ditching and Baling, was fined $15,000 and ordered to pay $4000 investigation costs.

McCabe and Gloag were jointly converting the land to dairy farming, but did not have regional-council consents for the drainage or diversion work.

Little Ben land was subdivided from Buscot Station.

McCabe and Gloag could not be reached for comment.

Sutherland said the consent-hearing panel was aware of the 2008 court action and that was one reason the Little Ben consent went to a hearing.

- © Fairfax NZ News