While awaiting approvals that were due in mid January, and I'm sure there not far off. So I've found some info to chew on in the meantime, if intend to go the distance reading it, get a coffee.
Resource Management Journal Official Journal of Resource Management Law Association of New Zealand inc.
'This series of decisions relate to an application for resource consents for the proposed Escarpment Mine Project on the Denniston Plateau by Buller Coal Ltd (BCL). The proposed open-cast mine would result in a disturbance area of approximately 186 ha on the Plateau'.
'BCL proposed an offset mitigation and compensation package which included a predator and pest control area on the Plateau and its surrounds of approximately 4,500 ha in total, and a further area of approximately 10,000 ha on the Heaphy River within the Kahurangi National Park, which is 100 km from the site and separated by two ecological districts. In addition, BCL proposed that 745 ha of Department of Conservation administered land on the Plateau be gazetted under the Fourth Schedule of the Crown Minerals Act 1991 for permanent legal protection'.
'… it is not a prima-facie assumption that because an area is rare or vulnerable that an offset is impossible. In New Zealand, the courts have been clear, that although they were dealing with a very vulnerable or rare ecosystems (karst limestone and associated indigenous vegetation, of which less than 5% of its original extent remains), the question is not how rare it is, but how much the project will impact it. If the impact is minor, and the potential exists for some like-for-like offsets (and associated conservation benefits), then the proposal may be acceptable'.
'Buller Coal Limited, a wholly owned subsidiary of Bathurst Resources Limited, proposes to establish and operate an open-cast coal mine called the Escarpment Mine Project ("EMP") on 157 hectares ofland at the southern end of the Denniston Plateau. That represents approximately 9% of the total area of the plateau. It plans to process the coal on the plateau and the total footprint of the infrastructu needed to move, process and transport the coal off-site is estimated by witnesses for the parties to this proceeding to be in the vicinity of 185.72 ha. 1 The land is in Crown ownership and held predominantly by the Department of Conservation, but with some held by Land Information New Zealand ("LINZ"). The consent of these bodies would be necessary for the mine to proceed'.
'Of relevance to the present proceeding, a variety of resource consents are required from the West Coast Regional Council and the Buller District Council. These were in fact granted in August 2011 after a joint hearing by independent commissioners. These consents have been appealed by two submitters, the Royal Forest and Bird Society of New Zealand and West Coast Environmental Network Incorporated. Mr Terry Sumner is also a party to this proceeding under s 274 of the Resource Management Act, opposed to the grant of consent. An appeal was also lodged by the Fairdown-Whareatea Residents Association, but that has been resolved in mediation and is no longer before the Court'.
This goes on to outline exactly what BCL propose concerning the mine in fine detail.
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