While Conservation Minister Nick Smith downplayed the importance of the plateau as being at the "lowest legal status of protection'' for conservation land, Forest and Bird said the conservation values of the plateau were "absolutely extraordinary'', and described the access
agreement as a "disaster for nature''.
Bathurst, however, remains bogged down in legal proceedings over its consents to mine, and is awaiting Environment Court decisions, High Court challenges and a Supreme Court declaration, the latter sought by Bathurst and Solid Energy last year.
The legal challenges by Forest and Bird and the West Coast Environment Network over council-granted consents have delayed Bathurst from ramping up its development mining for more than a year, after spending about $250 million.
Dr Smith yesterday announced his approval, under the Crown Minerals Act, for an access agreement for Bathurst, saying the loss of conservation values was compensated for by a $22 million package from Bathurst to fund pest and predator control.
The package encompassed 25,000ha of the Heaphy Rivercatchment in the Kahurangi National Park and 4500ha around the Denniston Plateau.
"This is the largest-ever compensation package negotiated by Doc for a mine or other commercial venture,'' Dr Smith said.
Forest and Bird Top of the South field officer Debs Martin said she was stunned by the decision, because the Denniston Plateau was on conservation land, which meant it could only e used for conservation.
"What makes the minister's decision all the more baffling is the conservation values of the plateau and where the mine would go are absolutely extraordinary,'' she said in a statement.
Mr Smith highlighted the area was not a national park or a conservation park, nor did it have any particular reserve status.
"It is general stewardship land, which is the lowest legal status of protection of land managed by the Department of Conservation,'' he said in a statement. He noted the Bathurst opencast mine covered 106ha of the 2026ha which made up the Denniston Plateau.
Ms Martin said the plateau was home to an array of wildlife, including critically endangered plants, rare lizard species and the great spotted kiwi.
"This mine tears right at the heart of the most important area of the plateau,'' Ms Martin said.
Dr Smith said he was "satisfied'' conditions associated with the access agreement, which cover rehabilitation of the land, water quality enhancement, debris, rubbish and fire hazards, would "minimise the adverse effects of the mine''.
The access agreement also contained detailed provisions for monitoring environmental effects, bonds and insurance, Dr Smith said.
Ms Martin said Bathurst's offer to inject $22 million into the Heaphy area, in return for "destroying the plateau'', was poor compensation.
"Predator control there [Heaphy] will do nothing to preserve the internationally unique biodiversity that will be destroyed on the plateau.'' Dr Smith said while the plateau had conservation values, there had been some disturbance from historic mining activities, including roads, bulldozer tracks and an artificial reservoir and there had been some "infestation'' of gorse and broom.
It was not acceptable to opencast mine all of the Denniston Plateau and he wanted some of the high-value areas put under permanent protection, he said.
A better way forward than having protracted legal proceedings would be for the parties to come to a common agreement on which of the remaining areas of the plateau should be set side permanently for conservation and which for mining, he said.
