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Thursday
Jun162016

Followed by Coromandel Watchdog Inc.

The Fed's Appeal was folllowed closely by the Coromandel Watchdog Inc. who have retained Barrister - Rob Enright/Ruby Haazem to handle their Appeal - no pushover!

Their Appeal is against:

    A   Part II-­ Overlay Issues, Objectives and Policies:

  1. Section 7 Coastal Environment,
  2. Section 7A Natural Character of the Coastal Environment
  3. Section 9 Outstanding Natural Features and Landscapes

    B   Part III-­ District wide issues, objectives and policies

  1. Section 14-­ Mining activities

    C   Part VI-­ Overlay Rules

       1. Section 32 Outstanding Natural Features and Lndscapes.                                                             2.        Section 32 A Natural Character of the Coastal Environment                                                            

     D  Part VII-­ District-­ wide Rules

        1. Section 37 Mining Activities

      E  Other

        1. Natural Character of inland water bodies and riparian margin

Boy, that puts a cannon ball right across the bow of of Draft District Plan, and will be causing all sorts of angst within bothe the staff ranks, and those councillors and others who have spent a great deal of time endeavouring to put the Plan together over the last three years.

The general reasons for the appeal are that the provisions do not:

  1. promote sustainable management of natural and physical resurces under s5 RMA;
  2. give effect to the New Zealand Coastal Policy Statement including Policies 13, 15 and 23;
  3. give effect to relevant provisions of the Waikato Regional Policy Statement (RPS); and that they are:
  4. contrary to the relevant provisions in the Hauraki Gulf Marine Park Act 2000 as well as other strategies (including the Coromandel Blueprint and the Waikato Conservation Management Strategy).
  5. are not consistent with Part 2 of the Resource Management Act (‘the Act’) including sections 6(a), (b), (c) and (e) and s7(b), s7(c), S7(d) and s7(f);
  6. do not implement Council functions under s 31 of the Act; and/or
  7. do not represent best resource management practice.

Basically, Watchdog wants all mining activity on the Peninsula banned - everything else is peripheral.

This includes "activity status, methods and rules for the coastal environment to prohibit mining activities, including: mineral prospecting, exploration, underground mining, surface mining, mineral processing and waste rock/tainings storage."

But their appeal goes further, much further into all the other contentious areas concerning natural character, inland waterways and riparian margins. They fault the Draft for its failure to "address cultural landscapes, and Maori perceptions of natural character despite this being a requirement of Policies 13 & 14 of the NZCPS and s(e) RMA." And that is just the beginnning. 

Their Appeal is professional - leaves the Feds for dead, and will constitute a major challenge for our Council to deal with - I would not like to predict the outcome, but I would suggest that Watchdog will constitute by far their most significant challenge. The future of mining on the Peninsula will surely swing on the outcome.   

 

 

 

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