Decision on Trans-Tasman Resources marine consent application – EEZ 000004 REF:0392398
I am writing to you to let you know that the Decision-making Committee for this application has made its decision. You are being notified of the decision as you made a submission to the application. If you requested a hard copy of the decision when you made a submission, this will be sent you in the next few days.
The application by Trans-Tasman Resources to carry out iron sand mining in the South Taranaki Bight has been refused. A full copy of the decision is available on the Environmental Protection Authority’s (EPA) website at http://www.epa.govt.nz/EEZ/trans_tasman/decision/Pages/default.aspx.
The DMC has issued a comprehensive decision setting out its reasons for refusing the consent. The major reasons for this were the uncertainties in the scope and significance of the potential adverse environmental effects and those on existing interests (such as the Fishing Interests and Iwi). The applicant and most submitters acknowledged that there was uncertainty and that in these circumstance the EEZ Act requires the EPA to favour caution and environmental protection (sections 61(2) of the EEZ Act).
With respect to uncertainty, the DMC considered whether the adaptive management approach proposed by the applicant would enable the application to be undertaken (sections 61(3) of the EEZ Act). The DMC found that the conditions proposed by the applicant (including the adaptive management approach) were not sufficiently certain or robust for the application to be approved given the uncertainty and inadequacy of the information presented about the potential adverse effects. The DMC also considered that there was also a lack of clarity about the extent of economic benefit to New Zealand outside of royalties and taxes and the economic value of the adverse effects.
Overall the DMC found that the application did not meet the sustainable management purpose of EEZ Act, including that it was not satisfied that the life-supporting capacity of the environment would be safeguarded or that the adverse effects of the proposal could be avoided, remedied or mitigated, given the uncertainty and inadequacy of the information presented.
From Monday next week, a hard copy of the decision will also be available for viewing at the following locations, during normal opening hours:
· Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington
· Environmental Protection Authority, Level 6, 45 Queen Street, Auckland
· Patea Library, Egmont Street, Patea
· Puke Ariki Library, 1 Ariki Street, New Plymouth
· Hawera Public Library, 46 High Street, Hawera
· Wanganui District Library, Campbell Street, Queens Park, Wanganui
· Garden Place Library Te Kopu Mania o Kirikiriroa, Garden Place, Hamilton
· Raglan Library, 39 Bow Street, Raglan
Right of appeal
Under section 105 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, any submitter may appeal against the EPA’s decision to the High Court on a question of law. Appeals must be filed with the Registrar and served on the EPA within 15 working days of receiving the decision.
Appeals should be filed with the Registrar at:
New Zealand High Court
2 Molesworth Street
DX: SX11199
Wellington
Telephone: (04) 914 3600
Fax:(04) 914 3603
A copy of any appeal must be served on the EPA at:
Environmental Protection Authority
Private Bag 63002
Wellington 6140
Attn: Chief Legal Advisor
A fee is required for filing an appeal. Parties considering an appeal should contact their solicitor, the New Zealand High Court or visit www.justice.govt.nz for details. It is recommended that any parties considering appealing take legal advice.
For further information, see http://www.epa.govt.nz/EEZ/trans_tasman/Pages/default.aspx, contact the EPA on 0800 382 527 or via email to TTRApplication@epa.govt.nz.
Yours sincerely
Richard Johnson
Applications Manager EEZ