Sweeping changes are planned for the Resource Management Act and the first phase of amendments is expected to be completed before the end of the year, according to Simpson Grierson RMA specialist Michelle van Kampen.
While the changes have yet to be adopted by Parliament, there appears to be plenty of scope to rile environmental and lobby groups, and non-compliance for companies comes with a heavy burden of potential penalties.
The changes are expected to streamline mining-sector access and time frames for applications, a scenario promoted by Minister of Energy and Resources Gerry Brownlee to boost economic growth, on which he expounded when speaking earlier in the week at the annual New Zealand branch of the Australian Institute of Mining and Metallurgy (AusIMM) in Queenstown.
Ms van Kampen drew a full-house audience from the conference delegates yesterday, outlining the select-committee process to date and amendments that will be specific to the mining sector, and by default, of high interest to environmental groups.
However, among the proposed changes is a heavy increase in maximum penalties, up 50% to $300,000 for individuals and a new maximum fine of $600,000 for bodies corporate.
The local government and environment select committee reported back last week on the Resource Management (Simplifying and Streamlining) Amendment Bill, which is at present seventh in Parliament's order of business and is expected to be heard within three or four weeks.
The goalposts were moving and there would be wide-ranging changes to the Resource Management Act, Ms van Kampen said.
The mining sector is still regarded negatively, she said, citing a case in Thames Coromandel district where for 12 years, five hearings and appeals were in the Environment Court, High Court and Court of Appeal.
A key amendment for the mining sector is the proposal to restrict appeals on planning documents to points of law only, unless the Environment Court grants leave to extend the scope of an appeal.
The committee is not recommending the removal of non-complying activity status, after concerns were raised by many submitters, Ms van Kampen said.
Also, the committee recommended there should be direct referral to the Environment Court for an application, as opposed to going through a council process first, but only for publicly notified applications.
Ms van Kampen said while this was a useful tool, going to the council first was a good way to glean public understanding and inclusion, and less daunting than going directly to the Environment Court.
Also of interest to the mining sector is a proposal on restricting who can appear on behalf of public interests, and also changing the time period for notices of appeals from 30 days to 15, she said.
Many developers, including those in the mineral industry, had in the past been faced with parties who were not affected by a proposal but had participated nonetheless and held up the resource management process, Ms van Kampen said.
Reporter Simon Hartley is a guest of AusIMM at the conference.
