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                  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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