The Original Project

The original project was licensed under the Mining Act 1971 and the associated water rights granted under the Water & Soil Conservation Act 1967 and the clean air licence under the Clean Air Act 1972. These consents were granted, following extensive technical and economic investigations and after a lengthy hearing before the then Planning Tribunal.

Mining Licence 32 2388 was granted by the Minister of Energy on 16th July 1987 over 394.27 ha for a term of 30 years.

The Mining Licence and Water Rights have strict conditions aimed at ensuring that mining activities do not adversely affect the amenity of the area or the natural environment. These conditions cover aspects such as noise, dust, vibration, hours of operation, pit slope stability and water quality. Water management and the safe and effective containment of the tailings constitute an important aspect of project management. Performance is subject to rigorous monitoring to ensure compliance with conditions. In the years of operations to date, an excellent degree of compliance has been achieved.

The Extended Project - 1997

In 1991 the Resource Management Act 1991 (RMA) and the Crown Minerals Act 1991 (CMA)were enacted thus changing the statutory framework. While the relevant parts of the Mining Act 1971 were repealed. the transition provisions of the CMA provide that for the existing mining licence the Mining Act continues in force.

The effect of the legislative changes was that the consenting process for the Extended Project was partly by way of applications for new resource consents (made to Environment Waikato and Hauraki District Council); and partly by way of applications for variations to the existing Mining Licence (such applications to be made to Environment Waikato, Hauraki District Council and the Minister of Energy, as appropriate).

In addition, proposed road stoppings were processed under the Local Government Act 1974.

Resource Management Act 1991

The Resource Management Act 1991 sets out a series of restrictions on the use of land, the use of beds of lakes and rivers, the use of water and also relating to the discharge of contaminants into the environment. Generally, unless a rule in a relevant plan permits an activity, or an appropriate resource consent is held, the activity is not allowed.

Where an application is required, it must be made to the appropriate consent authority. With respect to applications for the use of land the consent authority is the Hauraki District Council. With respect to matters relating to water, the use of beds of rivers and lakes, and the discharge of contaminants to land, air or water the relevant consent authority is Environment Waikato. It should be noted that Environment Waikato also has limited control of land use with respect to soil conservation and maintenance and enhancement of the quality and quantity of water.

Submissions can be made in support or opposition to any resource consent application, which are then heard at a Council hearing. Appeals can then be lodged with the Environment Court.

Land Use Consents: Hauraki District Council

Under the regime established by the Mining Act 1971 (and the Town & Country Planning Act 1977 - the predecessor Act to the Resource Management Act 1991), the holder of a Mining Licence did not also have to hold a land use consent for land use activities taking place within the Mining Licence area. Accordingly, land use activities associated with the Extended Project that fall within the Mining Licence boundary do not require a land use consent to be granted by the Hauraki District Council, but were dealt with by way of variations to the existing Mining Licence. See below for procedure. Regional land use consents were required.

With respect to land use activities that were proposed as part of the Extended Project outside the Mining Licence area, a resource consent, being a land use consent was required from the Hauraki District Council.

Water Permits and Discharge Permits: Environment Waikato

A series of resource consents to take and discharge water and an air discharge permit were required from Environment Waikato (The Waikato Regional Council).

Crown Minerals Act 1991 and the Mining Act 1971

No mining permit is required under the Crown Minerals Act 1991 for the Extended Project as no ore is being extracted from outside the Mining Licence 32-2388.

The transitional provisions of the Crown Minerals Act 1991 (see section 107 in particular) provide that variations to existing Mining Licences can be sought following the procedures under the Mining Act 1971.

Under the Mining Act 1971, the holder of the Mining Licence can seek amendment of any of the conditions of that licence. The appropriate consent authority considers that request, and if it is decided that the proposed variations are acceptable then it notifies the proposed variations by way of public notice. Objections to the proposed variations are made directly to the Environment Court, which then holds a hearing into any objections received.

The Crown Minerals Act 1991 provides for a division of responsibilities between regional councils, district councils and the Minister of Energy relating to the subject matter of the existing Mining Licence. Those matters which relate to district council functions were dealt with by the Hauraki District Council; those matters which relate to regional council functions by Environment Waikato; and all other remaining matters were dealt with by the Minister of Energy.

Local Government Act 1974

Road stoppings were initiated by the Hauraki District Council pursuant to the Tenth Schedule of the Local Government Act 1974. The Hauraki District Council by public notice advised that the roads were proposed to be stopped and called for objections. As with the variations to the Mining Licence, objections were made directly to the Environment Court. Following the closing time for objections, the Environment Court considered all objections received, together with the Council's explanation of the reasons for the road stoppings.

The Process followed for the Extended Project

The applications under the Resource Management Act 1991, the Crown Minerals Act 1991 and the Local Government Act 1974 were prepared after extensive consultation with the community and various government departments and the Regional and District Councils.

The company prepared an Assessment of Environmental Effects (two volumes) and had consultants prepare a total of 31 technical reports, all of which were lodged as supporting documentation to each of the applications. A Land Use Consent Application was lodged with the District Council, many resource consent applications were lodged with Environment Waikato, a variation of the Mining Licence Application was lodged with each of Hauraki District Council, Environment Waikato and the Minister of Energy and applications to stop roads were lodged with the Hauraki District Council.

All applications were lodged in July 1997, public notification of resource consent applications was made in August, submissions on the resource consent applications closed late September, a Joint Council hearing was held in late November. It continued intermittently until mid December 1997, then adjourned until mid February 1998, finishing two days later on 16 February. Decisions were released on 10 March, and appeals against decisions closed on 31 March. The first callover of the Environment Court was held in June and the hearing commenced before the Environment Court on 24 August, finishing on 4 September 1998. The Court decision was released on 16 December 1998 and work started on 6 January 1999 after the Environment Court issued a notice allowing work to commence with several conditions remaining outstanding. These were finalised in decisions released in October 1999. The variations to the Mining Licence were also processed in the same timeframe.