Posted on 9-8-2004
Court
Reopens Coromandel To Miners
By Anne Beston and Ainsley Thomson, 06.08.2004, NZ Herald
Mining companies can once again make a grab for gold on the
Coromandel
Peninsula after a ruling by the Environment Court.
But environmentalists say they want to appeal against the decision,
which
they say ignores public opinion and raises doubts about the
Coromandel's
future as a green resort.
The decision has reignited the environmental battle that has
divided the
Coromandel for years.
Gold worth $10 billion is believed to be still in the peninsula.
Environmentalists thought they had won the fight when in 1997
an amendment
to the Crown Minerals Act banned mining on Department of Conservation
land
north of a line from Kopu towards Pauanui, and in 1998 the Thames
Coromandel District Council banned mining in coastal and conservation
zones and in all recreation and open space policy areas.
But the Minerals Industry Association and the Ministry of Economic
Development wanted mining to be classified as a discretionary
activity on
coastal and conservation land, meaning it would be possible
to apply for
resource consents to mine.
The dispute went to the Environment Court in May.
This week, the court gave its decision. It reclassified underground
mining
as a discretionary activity in all areas, enabling mining companies
to
apply for resource consent.
Surface mining was classified as non-complying in conservation
and coastal
areas - except recreation and open space areas - meaning resource
consents
could be obtained, but only under strict conditions.
The court ruled that the "prohibited" status should
be confined to areas
where it was justified.
Excluding mining from large tracts of the peninsula reflected
an attitude
towards the industry that was inconsistent with other activities
which
could produce adverse environmental effects.
The Ministry of Economic Development and the Minerals Industry
Association
welcomed the decision.
The ministry said it was consistent with its stance "to
have appropriate
provision made for the responsible use and development of these
valuable
resources".
Minerals association spokesman Peter Atkinson said the decision
helped
resolve differences between the industry and the council.
"All we have ever sought was for the minerals industry
to be treated the
same as any other industry."
He did not think there would be a sudden rush of people trying
to
gold-mine on the Coromandel.
"I would think it would take a while for anyone to show
interest again."
The Thames Coromandel District Council said it wished to study
the
decision further and would seek clarification from the court
on some
matters.
There is legal confusion whether the decision overrides the
1997 law
change which put all Department of Conservation land off-limits
to mining.
Thames environmental planner Graeme Lawrence said it could.
"A mining company could come along and ask to mine on just
this bit of
conservation land, otherwise why have the companies made the
effort to do
this?"
He said the decision was an "excessively narrow" interpretation
of
prohibited activity under the Resource Management Act.
"It's an interpretation that will send shivers down the
spines of councils
and planners throughout the country."
The council's district plan would now have to be rewritten to
enable mining.
Anti-mining group Coromandel Watchdog said the decision was
absurd.
Spokesman Mark Tugendhaft said it failed to recognise the vast
environmental differences between underground and open-cast
mining and
forestry and quarry operations.
"We will look for any points of law that will allow us
to appeal ... We
must fight to save the Coromandel."
Green Party co-leader Jeanette Fitzsimons, the former MP for
Coromandel,
said the decision did not protect coastal areas of the peninsula.
Gold v Green
* Gold mining has been prohibited in the Coromandel since 1998.
* The Environment Court has ruled that companies can apply for
consent for
underground mining.
* Environmentalists say underground mining harms the area by
causing dust,
vibration, noise and acid seepage.
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