Further challenge possible

Environmentalists have accused the Minister of Conservation of pushing through a roading access agreement with West Coast coal mine developer Bathurst Resources yesterday, to avoid having to put the issue out for public consultation.

National MPs applauded the road access decision while Labour MPs countered that the decision might create further legal challenges on the issue, which has already sparked lengthy challenges through the District Court, High Court Court, Environment Court and Supreme Court, delaying Bathurst's full start date by more than a year.

Forest and Bird Top of the South field officer Debs Martin questioned the timing of yesterday's announcement by conservation minister Dr Nick Smith, given a final ruling on consents is still awaited from the Environment Court and two other cases remain before the courts.

''By making a decision before law changes come into effect [today] he's avoiding having to open the issue to public consultation, something the Government promised at the end of the Schedule 4 mining debate in 2010,'' Ms Martin said yesterday.

In 2010, the National Government earned a public backlash when the most protected of conservation land, held under Schedule 4 of the Crown Minerals Act, was put up for discussion for mining purposes.

West Coast Environment Network spokeswoman Lynley Hargreaves said that after 40,000 people marched down Queen St in Auckland three years ago, over the Schedule 4 proposals, National promised public consultation for significant mining proposals on conservation land

''That legislation will finally come into force on Friday, [today] a lone positive change in the environmental disaster that was the Crown Minerals Act review,'' Ms Hargreaves said in a statement yesterday.

She said Dr Smith's decision would ''obviously be a rushed decision made simply to avoid public consultation,'' she said.

Economic Development Minister Steven Joyce and Energy and Resources Minister Simon Bridges in a joint statement said they welcomed the decision, as a ''significant injection'' into the economies of Buller, the West Coast and New Zealand, with 225 direct jobs and about $100 million a year to employees, suppliers, contractors and transport providers.

Dr Smith's announcement followed an interim Environment Court decision in March which said it was likely to grant resource consent to the mine, subject to conditions being agreed.

''The decision by the Minister under the Crown Minerals Act is a significant step forward for this project and will be welcomed by many West Coasters as balanced and pragmatic,'' Mr Joyce said.

Labour conservation spokesperson Ruth Dyson said the Government had missed an opportunity to allow conservation groups and Bathurst to reach a compromise over the Denniston Plateau ''by riding roughshod over the process''.

''There was a real possibility of a win-win for both sides that would have seen mining go ahead while other areas were protected for conservation purposes,'' Ms Dyson said.

West Coast-Tasman Labour MP Damien O'Connor said there was ''a real risk'' the access deal would create further legal action ''because it cuts across negotiations''.

''Coasters deserve better from the Government than a quick-fix deal that might open the door to further legal challenge,'' Mr O'Connor said.

 

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