Three companies are again trying to secure land use rights for large-scale dairy farming in the Omarama and Ohau regions.
They want to develop 16 dairy farms with up to 17,850 cows housed in cubicles.
Five Rivers, Southdown Holdings and Williamson Holdings obtained land-use resource consents and certificates of compliance from the Waitaki District Council last year, but these were overturned by the High Court after a council staff member without the necessary delegated authority signed them off.
Now the applications have been re-lodged.
This time, the land-use resource consents will be publicly notified.
However, the companies have asked they be put on hold, pending decisions from Environment Canterbury (ECan) on the necessary water resource consents.
The companies also reapplied to the district council for certificates of compliance for activities associated with the dairy farms that are permitted under the district plan.
The certificates for dairy sheds and dairy farming activities have been issued and, under the Resource Management Act, are not subject to public notification.
The three developments have drawn opposition from community and national groups such as the Green Party, Environment Defence Society and Forest and Bird.
They have opposed the dairy farms and proposed expansion of irrigation in the Mackenzie Basin, calling for an overall management plan to protect the Omarama, Ohau and Mackenzie Basins' landscape.
District council chief executive Michael Ross said yesterday the council had to issue certificates of compliance if developments complied with the district plan.
The land-use resource consents would be notified for public submissions because of the public interest.
Environment Defence Society chairman Gary Taylor was "gobsmacked" and said the companies had "acted disingenuously and in breach of the spirit" of an agreement reached during the High Court proceedings.
"Our concerns were and remain the effects of the proposal on the fragile and unique tussock grasslands and landscapes of the Mackenzie Basin.
We do not believe that the future of this iconic part of New Zealand should be decided by individual resource consent applications.
"We are now assessing the recent decisions with a view to filing fresh proceedings in the High Court," he said.
Southdown Holdings director Richard Peacocke disputed the agreement had been breached.
He said it was agreed that before the applicants activated new resource consents it would advise the society.
It was not intended to activate the most recent consent applications until a decision was received from ECan on water consents.
Even if water consents were granted, it was unlikely the companies would pursue the land consents immediately.
The companies believed that, before that happened, people needed to be educated about the environmental and economic benefits of cubicle farming.
In the meantime, the consents had been placed on hold at the request of the companies.
No further processing activity will occur without the society being notified as agreed.
The certificates of compliance were different because they were a confirmation by the district council that the activities sought were permitted activities and not subject to any consent applications.
State of play
• Omarama/Ohau Dairy Farms
• Southdown Holdings Ltd, Williamson Holdings Ltd and Five Rivers Ltd.
• Water consents: Environment Canterbury. Hearings held, decisions pending.
• Dairy effluent consents: Environment Canterbury. Called in by the Government to be considered by a board of inquiry. Withdrawn by companies.
• Land use consents: Waitaki District Council. Overturned by High Court. Refiled but on hold by companies pending water consents decision. Will be publicly notified.
• Certificates of compliance: Waitaki District Council. For permitted activities, not subject to public notification process. Issued.
